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Short answer: A Florida misdemeanor is a crime punishable by no more than 1 year in a county jail (s. 775.08(2)). It is prosecuted in county court, often after a notice to appear instead of a jail booking. First offenders may qualify for diversion, and how the case ends decides whether the record can later be sealed.

This page follows a misdemeanor from the street to the final order in Palm Beach, Broward, Miami-Dade and Martin counties. For every kind of charge Mr. Mead defends, from DUI to felonies, see the criminal defense practice areas. Every number below comes from a statute, court rule, court or prosecutor's office listed under Sources.

Why does the degree of a misdemeanor matter so much?

Florida has two classes of misdemeanor, and the statute that creates each offense names its degree; one declared without a degree is second degree (s. 775.081(2)). The degree sets the most a judge can impose: up to 1 year in jail for a first-degree misdemeanor and 60 days for a second-degree one (s. 775.082(4)), with fines of up to $1,000 and $500 (s. 775.083(1)). Those are ceilings, not predictions.

The degree is only the start. Court costs are added to any plea or finding of guilt, probation can follow, and for several common charges a prior record pushes the next case up a degree or into felony court. A charge with no possible jail is not a misdemeanor at all: a noncriminal violation "does not constitute a crime" (s. 775.08(3)). Felony levels are on our chart of Florida criminal penalties by degree.

What a Florida misdemeanor can carry, by degree (Florida Statutes and Rules of Criminal Procedure)
PointSecond-degree misdemeanorFirst-degree misdemeanor
Maximum jail60 days, county jail (s. 775.082(4)(b))1 year, county jail (s. 775.082(4)(a))
Maximum fine$500 (s. 775.083(1)(e))$1,000 (s. 775.083(1)(d))
Probation, if orderedUp to 6 months unless the court specifies otherwise; up to 1 year when alcohol or drugs were a significant factor (s. 948.15(1))
Court costs on a plea or finding of guilt$20 (s. 775.083(2)) plus $60 (s. 938.05(1)(b)), with other costs set by separate statutes
Court and juryCounty court (s. 34.01(1)(a)); a jury of six (s. 913.10)
Speedy trial, without a demandTrial within 90 days of the formal charge (Rule 3.191(a))

Which petty charges are misdemeanors, and when do they become felonies?

The Palm Beach State Attorney names DUI, battery, trespass and retail theft as typical county court cases, and the Broward and Miami-Dade circuits name petit theft, simple battery, trespassing, driving while license suspended and DUI. The last column below is where a misdemeanor turns into something more: a prior record, a dollar figure, a weapon or an injury.

Common Florida misdemeanors, their degree and what raises them (Florida Statutes, opened October 18, 2026)
ChargeStatuteDegreeWhat makes it more serious
Petit theft, property under $100s. 812.014(3)(a)SecondOne prior theft conviction: first degree; two or more: third-degree felony (s. 812.014(3)(b), (c))
Petit theft, $100 to under $750s. 812.014(2)(f)First$750 or more is grand theft, a third-degree felony (s. 812.014(2)(c)1.)
Possession of 20 grams or less of cannabiss. 893.13(6)(b)FirstMore than 20 grams is a third-degree felony (s. 893.13(6)(a))
Possession of drug paraphernalias. 893.147(1)FirstManufacture and delivery are covered separately (s. 893.147(2))
Driving while license suspended, knowing of the suspensions. 322.34(2)(a)SecondSecond conviction: first degree; a third can be a third-degree felony when tied to DUI, a test refusal, a crash causing death or serious bodily injury, or fleeing (s. 322.34(2)(b), (c))
Trespass in a structure or conveyances. 810.08(2)(a)SecondFirst degree if a person was inside; third-degree felony if armed (s. 810.08(2)(b), (c))
Trespass on other property after notices. 810.09(2)FirstThird-degree felony if armed with a firearm or other dangerous weapon (s. 810.09(2)(b))
Disorderly conduct (breach of the peace)s. 877.03SecondNone in the statute
Disorderly intoxications. 856.011(2)SecondThree convictions in 12 months bring the habitual offender rules of s. 856.011(3)
Simple assaults. 784.011(2)SecondFirst degree if in furtherance of a riot (s. 784.011(3))
Simple batterys. 784.03(1)(b)FirstA prior battery-type conviction, even with adjudication withheld or a no contest plea, makes a new battery a third-degree felony (s. 784.03(2))
Resisting an officer without violences. 843.02FirstWith violence: third-degree felony (s. 843.01)
Criminal mischief, damage of $200 or lesss. 806.13(1)(b)1.SecondOver $200 and under $1,000: first degree; $1,000 or more: third-degree felony (s. 806.13(1)(b)2., 3.)
Worthless check under $150s. 832.05(2)(b)First$150 or more, when the payee received something of value: third-degree felony
Possession of alcohol under age 21s. 562.111(1)SecondA later violation: first degree
Leaving the scene of a crash with property damage onlys. 316.061(1)SecondCrashes with injury or death fall under other statutes
Stalkings. 784.048(2)FirstWith a credible threat: aggravated stalking, a third-degree felony (s. 784.048(3))
Carrying a concealed weapon other than a firearm, without meeting the license criterias. 790.01(2)FirstA concealed firearm: third-degree felony (s. 790.01(3))
Soliciting another to commit prostitution, first violations. 796.07(2)(f), (5)(a)FirstSecond violation: third-degree felony (s. 796.07(5)(a)2.)
Refusing a breath or urine test after a DUI arrests. 316.1939(1)Second (first refusal)A second or later refusal: first degree
Reckless driving, first convictions. 316.192(2)(a)Own scale: up to 90 days, $25 to $500Damage to property or a person: first degree; serious bodily injury: third-degree felony (s. 316.192(3))
DUI, first convictions. 316.193(2)(a)Own scale: up to 6 months, $500 to $1,000Higher fines with a 0.15 reading or a passenger under 18 (s. 316.193(4)); crashes and priors raise it further

Theft is where a few dollars and an old case change everything; the dollar lines are set out in when theft becomes a felony in Florida. Battery changed in 2026: a prior conviction for resisting an officer with violence now counts toward a felony battery (ch. 2026-149, Laws of Florida). For that rule, a withheld or no contest plea counts as a conviction (s. 784.03(2)). The battery family is compared in assault, battery and aggravated battery.

Arrest or notice to appear: how does a misdemeanor case start?

An officer may arrest without a warrant for a misdemeanor committed in the officer's presence, immediately or in fresh pursuit (s. 901.15(1)). Outside the officer's presence, the statute allows it only in listed situations, such as probable cause of a battery, domestic or dating violence, or criminal mischief (s. 901.15(7), (9)).

Many cases never involve a cell. Under Rule 3.125, an officer who arrests someone for a misdemeanor or ordinance violation may release the person on a notice to appear: a written order to come to a named court at a set date and time. It is not allowed when the person will not identify himself or herself or sign, seems to pose a risk of injury, has no local ties, may be wanted elsewhere, or has skipped an earlier notice (Rule 3.125(b)), though the booking officer may still issue one after checking residence, family, work and record (Rule 3.125(c)). The notice does not limit an otherwise lawful search (s. 901.28). If the person does not appear, "a warrant of arrest shall be issued" (Rule 3.125(h)).

A person who is booked sees a judge within 24 hours (Rule 3.130(a)), covered in the first 48 hours after an arrest in Palm Beach or Broward. The Broward State Attorney adds that state law gives police agencies the "sole discretion" over adult civil citations.

What happens in county court, step by step?

  1. The charge. A misdemeanor may be prosecuted by information or by the notice to appear itself (Rule 3.140(a)(2)). Formal charges are due within 30 days for someone in jail and 60 days for someone released; if they are late, the court must order release from jail or from the bail conditions on the rule's timetable (Rule 3.134).
  2. Counsel. Appointed counsel is required in cases punishable by jail, unless in a misdemeanor the judge files a written order of no incarceration at least 15 days before trial (Rule 3.111(b)(1)). The public defender application fee is $50 (s. 27.52(1)(b)).
  3. Arraignment. A lawyer may file a written plea of not guilty, and arraignment is then deemed waived (Rule 3.160(a)). At a notice to appear hearing, a defendant may instead sign a waiver and plead guilty or no contest that day (Rule 3.125(k)(1)). See whether you have to go to your arraignment.
  4. Diversion or litigation. A program offer, discovery and motions, or plea talks.
  5. Trial. Within 90 days of the formal charge unless waived (Rule 3.191(a)), before six jurors (s. 913.10), as explained in Florida's speedy trial deadlines.
  6. Disposition. Dismissal, nolle prosequi, verdict, or a plea with a sentence, with adjudication entered or withheld.

Before accepting a guilty or no contest plea from a non-citizen, the judge must warn that it may lead to deportation, "regardless of whether adjudication of guilt has been withheld" (Rule 3.172(c)(8)). That applies to misdemeanors too.

Where is the case heard, and what diversion does each county offer?

Two statutes apply statewide. Pretrial intervention is open to a first offender, or someone with one prior nonviolent misdemeanor at most, with the consent of the administrator, the victim, the State Attorney and the judge, and a speedy trial waiver (s. 948.08(2)). Section 948.16 adds misdemeanor drug court, veterans court and mental health court, and on completion the court "shall dismiss the charges" (s. 948.16(4)). The rest is local:

Where misdemeanors are heard and what each State Attorney or circuit publishes (official pages, opened October 18, 2026)
CountyWhere county court criminal cases are heardPublished misdemeanor options
Palm Beach (15th Circuit)Four regions under Administrative Order 4.603: North County Courthouse, 3188 PGA Blvd, Palm Beach Gardens; South County Courthouse, 200 West Atlantic Ave, Delray Beach; West County Courthouse, Belle Glade; main courthouse, 205 North Dixie Hwy, West Palm Beach. Jury trials move to the main courthouse.The State Attorney says many branch-office misdemeanor cases "result in plea offers and pretrial diversion"; a Bad Check Restitution Program (comply, including restitution, or face possible prosecution); a first-time DUI program
Broward (17th Circuit)County Court Criminal Division judges at the Central Courthouse, 201 SE 6th Street, Fort Lauderdale, and at three satellite courthouses in Hollywood, Plantation and Deerfield Beach; the courthouse follows the arresting agency, and DUI cases are filed at the Central Courthouse (AO 2021-30-CO, Amendment 2)Misdemeanor Diversion Program for first-time offenders, supervised by BSO Probation, decided at arraignment, $150 per defendant, no refunds; License To Drive for suspended-license cases; Truancy Diversion; Veterans Treatment Court
Miami-Dade (11th Circuit)County Court Criminal Division at the Gerstein Justice Building and branch courts; jail arraignments in Courtroom 5-3, weekdays at 9 a.m. and 1:30 p.m.Misdemeanor and Felony Pre-Trial Diversion for people with non-violent priors, charges dropped on completion; Advocate Program supervision of up to $150 for six months, by ability to pay; Drive Legal; Back on Track (DUI); Demanding More; mental health court
Martin (19th Circuit)Martin County Courthouse, 100 SE Ocean Blvd, StuartMartin Mental Health Court for pending felony or misdemeanor charges with a severe mental illness or intellectual disability; statewide pretrial intervention under s. 948.08

Boca Raton, Delray Beach and Boynton Beach police cases go to the building described in what to expect at the South County Courthouse. Miami-Dade's main building is covered in the Gerstein Justice Building. Martin's is described in the Martin County Courthouse in Stuart. Program details and the felony versions are compared in pretrial diversion in Palm Beach and Broward.

Withhold, conviction or dismissal: what does each do to the record?

Most clients care less about the fine than about what an employer will see. After a guilty finding or a guilty or no contest plea, the judge may adjudicate guilt or withhold it, and may order probation either way (s. 948.01(2)). The difference shows up years later.

How a misdemeanor case ends, and what it means for sealing (ss. 943.0585, 943.059, 943.0595)
OutcomeEffect on the record
No charge filed, dismissal or nolle prosequi of all counts, or acquittalSealed automatically by FDLE, unless the charge was a forcible felony or a listed sex offense (s. 943.0595(2)); may also qualify for court-ordered expunction (s. 943.0585(1))
Diversion completed, case dismissedTreated as a dismissal; drug court and veterans court completions may be expunged if otherwise eligible (s. 948.16(1)(b), (2)(b))
Plea or finding of guilt, adjudication withheldMay be sealed by petition if the person has never been adjudicated guilty of a criminal offense and the charge is not on the ineligible list (s. 943.059(1))
Adjudicated guiltyUnder the general sealing and expunction statutes, cannot be sealed or expunged, and it bars sealing or expunging any other record later (s. 943.059(1)(b), (c); s. 943.0585(1)(d), (e))
DUIAdjudication of guilt cannot be withheld (s. 316.656(1))

The fourth row is the trap: an adjudicated plea to a small charge, taken to "get it over with," can close the door on sealing every other record. A withhold still counts as a conviction for fines (s. 775.083(1)) and for the battery rule above, as explained in what a withhold of adjudication means. The full test for clearing a record is in whether you are eligible to seal or expunge.

What changes the answer?

  • Your record. Prior theft, battery, suspended-license and solicitation convictions raise a new case (ss. 812.014(3), 784.03(2), 322.34(2), 796.07(5)); s. 948.08(2) allows one prior nonviolent misdemeanor at most.
  • Amounts. Value decides theft (s. 812.014), damage decides criminal mischief (s. 806.13), and the amount decides a worthless check case (s. 832.05).
  • Place and weapons. A person inside makes trespass first degree, and a weapon can make it a felony (ss. 810.08(2), 810.09(2)(b)).
  • Alcohol and drugs. Probation can run up to 1 year (s. 948.15(1)), and reckless driving with alcohol involved brings DUI program education (s. 316.192(5)).
  • The county. Programs and fees come from each State Attorney, so the same charge has different options in Delray Beach and Deerfield Beach.

A worked example

For example, take a hypothetical college student with no record, stopped leaving a Boca Raton store with $85 of merchandise. Under $100, the charge is second-degree petit theft (s. 812.014(3)(a)), with a ceiling of 60 days and $500. A Boca Raton officer releases her on a notice to appear, and because Boca Raton is in the Southern Region under Administrative Order 4.603, her court date is at the South County Courthouse. She does not sign the plea waiver that morning. Her lawyer files a written plea of not guilty (Rule 3.160(a)) and asks about pretrial diversion. If she is admitted and completes it, the program is designed to end in a dismissal, which is sealed automatically (s. 943.0595(2)). The same stop in a Deerfield Beach store would point to the Broward Misdemeanor Diversion Program and its $150 cost. This is a hypothetical walk-through of published rules, not a client's case or a prediction.

Common mistakes people make with a misdemeanor

  • Signing the waiver on the notice to appear and pleading no contest at the first court date.
  • Missing the court date on a signed notice, which leads to a warrant (Rule 3.125(h)); see what happens if you miss a court date.
  • Accepting an adjudication of guilt without realizing it bars sealing any record (s. 943.059(1)(b)).
  • Assuming a misdemeanor cannot mean jail; a no-incarceration order is the judge's choice (Rule 3.111(b)(1)).
  • Driving again on a suspended license while the case is open (s. 322.34(2)(b)).
  • Contacting the alleged victim, or having family do it, to seek consent to diversion, which s. 948.08(2) forbids.

What to do this week

  1. Find the statute, degree and court date on the notice, citation or booking papers.
  2. Calendar the court date and plan to attend unless a lawyer files a written plea for you.
  3. List every prior arrest, plea and diversion, anywhere, with dates and outcomes.
  4. Save receipts, messages, photos and witness names.
  5. Do not post about the case or contact the alleged victim.
  6. Talk with a defense lawyer before arraignment; the rest is in the first-week checklist after a charge.

Questions clients ask about misdemeanor charges

Theft and property

Drugs and alcohol

Fights, threats and police encounters

Driving charges

The court process

Diversion and outcomes

The record afterward

Serving Palm Beach, Broward, Miami-Dade and Martin counties

Frequently asked questions

Is a misdemeanor a criminal record in Florida?

Yes. A misdemeanor is a crime (s. 775.08(4)), and the arrest creates a record even if the case is dropped. Whether it can be sealed depends on how the case ends.

Can I go to jail for a first misdemeanor?

The law allows up to 60 days or 1 year by degree (s. 775.082(4)). The facts and record drive the result, and the Palm Beach State Attorney says many misdemeanor cases result in plea offers and pretrial diversion.

Do I need a lawyer for a misdemeanor?

A judge may decline to appoint a public defender by certifying in writing that no jail will be imposed (Rule 3.111(b)(1)). A lawyer can file the written plea, ask about diversion and weigh the record effect of any offer.

Is a notice to appear the same as a traffic citation?

No. A notice to appear replaces an arrest for a misdemeanor or ordinance violation under Rule 3.125; traffic citations follow chapter 316, which the rule leaves alone (Rule 3.125(i)).

Can a misdemeanor be charged as a felony later?

Yes, when the record supports it, such as a petit theft after two theft convictions (s. 812.014(3)(c)). Felonies are heard in circuit court (s. 26.012).

Where do Palm Beach misdemeanor jury trials happen?

The State Attorney says jury trials are transferred to the main courthouse in West Palm Beach, even when the case began at a branch courthouse.

How can Mr. Mead help?

Charles B. Mead, Jr. has spent more than three decades defending people in South Florida courts. On a misdemeanor, that means checking the charge against the statute, finding the record history that could raise it, raising diversion before the window closes, and explaining what each outcome would mean for your record. Every case is different, and no result can be promised. The office is in Boca Raton, the consultation is free, and you can call (561) 362-6677 24 hours a day.

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Sources

  1. Florida Statutes s. 775.08: Classes and definitions of offenses (Florida Legislature)
  2. Florida Statutes s. 775.081: Classifications of felonies and misdemeanors (Florida Legislature)
  3. Florida Statutes s. 775.082: Penalties (Florida Legislature)
  4. Florida Statutes s. 775.083: Fines (Florida Legislature)
  5. Florida Statutes s. 938.05: Additional court costs for felonies, misdemeanors, and criminal traffic offenses (Florida Legislature)
  6. Florida Statutes s. 948.15: Misdemeanor probation services (Florida Legislature)
  7. Florida Statutes s. 948.01: When court may place defendant on probation or into community control (Florida Legislature)
  8. Florida Statutes s. 948.08: Pretrial intervention program (Florida Legislature)
  9. Florida Statutes s. 948.16: Misdemeanor pretrial substance abuse education and treatment intervention program; misdemeanor pretrial veterans' treatment intervention program; misdemeanor pretrial mental health court program (Florida Legislature)
  10. Florida Statutes s. 901.15: When arrest by officer without warrant is lawful (Florida Legislature)
  11. Florida Statutes s. 901.28: Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search (Florida Legislature)
  12. Florida Statutes s. 34.01: Jurisdiction of county court (Florida Legislature)
  13. Florida Statutes s. 26.012: Jurisdiction of circuit court (Florida Legislature)
  14. Florida Statutes s. 913.10: Number of jurors (Florida Legislature)
  15. Florida Statutes s. 27.52: Determination of indigent status (Florida Legislature)
  16. Florida Statutes s. 812.014: Theft (Florida Legislature)
  17. Florida Statutes s. 893.13: Prohibited acts; penalties (Florida Legislature)
  18. Florida Statutes s. 893.147: Drug paraphernalia (Florida Legislature)
  19. Florida Statutes s. 322.34: Driving while license suspended, revoked, canceled, or disqualified (Florida Legislature)
  20. Florida Statutes s. 810.08: Trespass in structure or conveyance (Florida Legislature)
  21. Florida Statutes s. 810.09: Trespass on property other than structure or conveyance (Florida Legislature)
  22. Florida Statutes s. 877.03: Breach of the peace; disorderly conduct (Florida Legislature)
  23. Florida Statutes s. 856.011: Disorderly intoxication (Florida Legislature)
  24. Florida Statutes s. 784.011: Assault (Florida Legislature)
  25. Florida Statutes s. 784.03: Battery; felony battery (Florida Legislature)
  26. Chapter 2026-149, Laws of Florida: amending s. 784.03 (Florida Department of State)
  27. Florida Statutes s. 843.02: Resisting officer without violence (Florida Legislature)
  28. Florida Statutes s. 843.01: Resisting officer with violence (Florida Legislature)
  29. Florida Statutes s. 806.13: Criminal mischief (Florida Legislature)
  30. Florida Statutes s. 832.05: Giving worthless checks, drafts, and debit card orders (Florida Legislature)
  31. Florida Statutes s. 562.111: Possession of alcoholic beverages by persons under age 21 prohibited (Florida Legislature)
  32. Florida Statutes s. 316.061: Crashes involving damage to vehicle or property (Florida Legislature)
  33. Florida Statutes s. 784.048: Stalking (Florida Legislature)
  34. Florida Statutes s. 790.01: Carrying of concealed weapons or concealed firearms (Florida Legislature)
  35. Florida Statutes s. 796.07: Prohibiting prostitution and related acts (Florida Legislature)
  36. Florida Statutes s. 316.1939: Refusal to submit to testing; penalties (Florida Legislature)
  37. Florida Statutes s. 316.192: Reckless driving (Florida Legislature)
  38. Florida Statutes s. 316.193: Driving under the influence; penalties (Florida Legislature)
  39. Florida Statutes s. 316.656: Mandatory adjudication (Florida Legislature)
  40. Florida Statutes s. 943.0585: Court-ordered expunction of criminal history records (Florida Legislature)
  41. Florida Statutes s. 943.059: Court-ordered sealing of criminal history records (Florida Legislature)
  42. Florida Statutes s. 943.0595: Automatic sealing of criminal history records (Florida Legislature)
  43. Florida Rules of Criminal Procedure, October 1, 2026 edition: Rules 3.111, 3.125, 3.130, 3.134, 3.140, 3.160, 3.172 and 3.191 (The Florida Bar)
  44. Office of the Broward State Attorney: Diversion Programs
  45. Office of the Broward State Attorney: Misdemeanor Diversion Program Payments
  46. State Attorney, 15th Judicial Circuit: Office Divisions (County Court Division)
  47. State Attorney, 15th Judicial Circuit: South County Office
  48. State Attorney, 15th Judicial Circuit: North County Office
  49. State Attorney, 15th Judicial Circuit: Bad Check Restitution Program
  50. 15th Judicial Circuit Administrative Order 4.603: County criminal regions and branch courthouses
  51. 17th Judicial Circuit of Florida: County Court Civil and Criminal
  52. Eleventh Judicial Circuit of Florida: Criminal Division
  53. Miami-Dade Public Defender: Adult case process
  54. Office of the Miami-Dade State Attorney: Diversion Programs
  55. Nineteenth Judicial Circuit of Florida: Problem Solving Courts
  56. Nineteenth Judicial Circuit of Florida: Courthouse Locations
  57. 17th Judicial Circuit Administrative Order 2021-30-CO (Amendment 2): Courthouse locations and case distribution for ordinance violations and misdemeanors

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