Florida Felony Penalties and Offenses
Under Florida law, all crimes are divided into two categories: felonies and misdemeanors. Felonies are more serious crimes, punishable by state prison, county jail, house arrest or felony probation. Felonies are classified as third-degree, second-degree, first-degree, life felonies or capital felonies. Felonies are further classified by level, from level one to level ten. Click here for a complete list of all felonies classified by degree and level.
Third-Degree Felonies
Third-degree felony penalties are the most common type of felonies in Florida, punishable by up to five-years in prison and a fine of up to $5,000. Other sanctions can include house arrest, community service, educational classes, individual or group counseling, a no-alcohol provision, a no-contact order and random drug testing. If lawmakers fail to designate the punishment for or degree of a felony, then the crime is punishable as a third degree felony. Examples of third-degree felonies are:
- Aggravated Assault
- Aggravated Stalking
- Battery on a Person 65 Years of Age or Older
- Battery on a Law Enforcement Officer
- Battery by Strangulation
- Bribery
- Burglary of a Conveyance
- Burglary of a Structure
- Child Abuse
- Child Neglect
- Criminal Mischief (M2, M1 or F3)
- Cultivation, Purchase, or Sale of Cannabis
- Driving with a Suspended License (M2, M1 or F3)
- Defrauding an Innkeeper
- Employee Theft
- Exploitation of an Elderly Person
- Felony Battery
- Fleeing and Eluding an Officer
- Forgery
- Grand Theft (F3, F2 or F1)
- Introducing Contraband into the Jail
- Possession of Burglary Tools
- Possession of Cannabis (M1 or F3)
- Possession of Cannabis with the Intent to Sell
- Possession of a Controlled Substance (cocaine, heroin, Xanax, Oxycontin, etc.)
- Resisting an Officer with Violence
- Robbery by Sudden Snatching
- Unemployment Compensation Fraud
Second-Degree Felonies
Second-degree felony penalties are punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine. Examples of second-degree felonies are:
- Aggravated Battery
- Burglary of a Dwelling
- Dealing in Stolen Property
- DUI Manslaughter
- Leaving the Scene of an Accident Involving Death
- Possession of Ammunition by a Convicted Felon
- Possession of a Firearm by a Convicted Felon
- Sale of Cocaine
- Throwing or Shooting a Deadly Missile
First-Degree Felonies
First-degree felony penalties in Florida are generally punishable by up to 30 years in prison and a fine of up to $10,000. Examples of first degree felonies are:
- Aggravated Battery on a Law Enforcement Officer
- Aggravated Child Abuse
- Burglary with an Assault or Battery
- Carjacking
- Drug Trafficking
- Home Invasion
- Robbery with a Weapon
- Trafficking in Cannabis
- Trafficking in Stolen Goods
Felonies with Multiple Classifications
The severity of many felonies, most often cases involving theft or weapon offenses, can vary depending on the facts of the case. Examples include how much money was alleged to be taken, the number of persons defrauded, whether a weapon was used and what type of weapon.
- Making a False or Fraudulent Insurance Claim
- Theft of State Funds
- Public Assistance fraud
- Identity Fraud
- Fleeing and Eluding an Officer
Capital or Life Felonies
Capital and life felonies are the most serious crimes in Florida. Capital felonies are punishable by the death penalty. Life felonies are punishable by life imprisonment and a fine of up to $15,000. Examples of capital or life felonies are:
- Murder
- Sexual Battery
- Robbery with a Firearm
Prior Felony Convictions
People in Florida who have previously been convicted of two or more felonies and are convicted of yet another felony may be sentenced to a lengthy term under one of Florida’s recidivist sentencing schemes per Florida Statute 775.084.
Statute of Limitation
For all Florida felony offenses the State must begin criminal prosecution within a set period of time. This time frame is called the statute of limitation. Criminal prosecutions commenced after the statute of limitation can are subject to dismissal. The statute of limitation begins to run when the crime is committed. Felonies in Florida generally have a statutes of limitation from three years to and indefinite period of time for more serious offenses.
Florida Felony Penalties and Offenses
Under Florida law, all crimes are divided into two categories: felonies and misdemeanors. Felonies are more serious crimes, punishable by state prison, county jail, house arrest or felony probation. Felonies are classified as third-degree, second-degree, first-degree, life felonies or capital felonies. Felonies are further classified by level, from level one to level ten. Click here for a complete list of all felonies classified by degree and level.
Third-Degree Felonies
Third-degree felony penalties are the most common type of felonies in Florida, punishable by up to five-years in prison and a fine of up to $5,000. Other sanctions can include house arrest, community service, educational classes, individual or group counseling, a no-alcohol provision, a no-contact order and random drug testing. If lawmakers fail to designate the punishment for or degree of a felony, then the crime is punishable as a third degree felony. Examples of third-degree felonies are:
- Aggravated Assault
- Aggravated Stalking
- Battery on a Person 65 Years of Age or Older
- Battery on a Law Enforcement Officer
- Battery by Strangulation
- Bribery
- Burglary of a Conveyance
- Burglary of a Structure
- Child Abuse
- Child Neglect
- Criminal Mischief (M2, M1 or F3)
- Cultivation, Purchase, or Sale of Cannabis
- Driving with a Suspended License (M2, M1 or F3)
- Defrauding an Innkeeper
- Employee Theft
- Exploitation of an Elderly Person
- Felony Battery
- Fleeing and Eluding an Officer
- Forgery
- Grand Theft (F3, F2 or F1)
- Introducing Contraband into the Jail
- Possession of Burglary Tools
- Possession of Cannabis (M1 or F3)
- Possession of Cannabis with the Intent to Sell
- Possession of a Controlled Substance (cocaine, heroin, Xanax, Oxycontin, etc.)
- Resisting an Officer with Violence
- Robbery by Sudden Snatching
- Unemployment Compensation Fraud
Second-Degree Felonies
Second-degree felony penalties are punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine. Examples of second-degree felonies are:
- Aggravated Battery
- Burglary of a Dwelling
- Dealing in Stolen Property
- DUI Manslaughter
- Leaving the Scene of an Accident Involving Death
- Possession of Ammunition by a Convicted Felon
- Possession of a Firearm by a Convicted Felon
- Sale of Cocaine
- Throwing or Shooting a Deadly Missile
First-Degree Felonies
First-degree felony penalties in Florida are generally punishable by up to 30 years in prison and a fine of up to $10,000. Examples of first degree felonies are:
- Aggravated Battery on a Law Enforcement Officer
- Aggravated Child Abuse
- Burglary with an Assault or Battery
- Carjacking
- Drug Trafficking
- Home Invasion
- Robbery with a Weapon
- Trafficking in Cannabis
- Trafficking in Stolen Goods
Felonies with Multiple Classifications
The severity of many felonies, most often cases involving theft or weapon offenses, can vary depending on the facts of the case. Examples include how much money was alleged to be taken, the number of persons defrauded, whether a weapon was used and what type of weapon.
- Making a False or Fraudulent Insurance Claim
- Theft of State Funds
- Public Assistance fraud
- Identity Fraud
- Fleeing and Eluding an Officer
Capital or Life Felonies
Capital and life felonies are the most serious crimes in Florida. Capital felonies are punishable by the death penalty. Life felonies are punishable by life imprisonment and a fine of up to $15,000. Examples of capital or life felonies are:
- Murder
- Sexual Battery
- Robbery with a Firearm
Prior Felony Convictions
People in Florida who have previously been convicted of two or more felonies and are convicted of yet another felony may be sentenced to a lengthy term under one of Florida’s recidivist sentencing schemes per Florida Statute 775.084.
Statute of Limitation
For all Florida felony offenses the State must begin criminal prosecution within a set period of time. This time frame is called the statute of limitation. Criminal prosecutions commenced after the statute of limitation can are subject to dismissal. The statute of limitation begins to run when the crime is committed. Felonies in Florida generally have a statutes of limitation from three years to and indefinite period of time for more serious offenses.
