Florida Law
Florida Felony & Misdemeanor Criminal Defense
- Felony & Misdemeanor Criminal Defense (Florida)
Classification of Crimes
Florida has two criminal classifications: felony and misdemeanor. A felony is generally defined as any crime punishable by death or more than one year in prison. A misdemeanor is any crime punishable by imprisonment for less than one year. Florida also has a classification known as a noncriminal violation, which is an offense punishable by fine, forfeiture or civil remedy. Felonies and misdemeanors are further divided into different degrees. The following list shows the maximum imprisonment and fines for felonies and misdemeanors.*Capital Felony: death or life imprisonment with no parole
*Life Felony: 40 years to life; $15,000
*Felony in the First Degree: 30 years; $10,000
*Felony in the Second Degree: 15 years; $10,000
*Felony in the Third Degree: 5 years; $5,000
*Misdemeanor in the First Degree: 1 year; $1,000
*Misdemeanor in the Second Degree: 60 days; $500
Types of Crimes
Assault
An assault is the intentional and unlawful threat, by
word or act, of violence against a victim in which
the defendant has the ability to carry out the threat
and the victim has a well-founded fear that violence
is imminent. Assault is a second degree misdemeanor.
Aggravated assault is assault with a deadly weapon
in which the defendant did not have an intent to kill
but did have an intent to commit a felony. Aggravated
assault is a third degree felony.
Battery
Battery is the intentional touching or striking of a
victim against his or her will causing the victim harm.
Battery is a first degree misdemeanor. Aggravated battery
results when the defendant intentionally or knowingly
causes the victim great bodily harm, permanently disables
or disfigures the victim, uses a deadly weapon or knew
(or should have known) the victim was pregnant. Aggravated
battery is a second degree felony.
Carjacking
Carjacking is the forcible or violent taking of a motor
vehicle from a person or the owner with the intent
of either permanently or temporarily depriving the
person or owner of the motor vehicle. Carjacking is
a first degree felony.
Homicide
Homicide is the unjustified killing of a human being.
Homicide can be classified as murder or manslaughter.
Under Florida law, there are three degrees of murder.
Murder in the first degree is the premeditated killing
or the death of a person during the commission of one
of the following enumerated felonies: drug trafficking,
arson, sexual battery, robbery, burglary, escape (from
detention, arrest, trial or punishment), aggravated
child abuse, aircraft piracy, bombing, fatal drug distribution,
carjacking or home invasion robbery. A person can be
convicted of first degree murder even though he or
she did not actually kill anyone, did not plan to kill
anyone, or was not present at the crime scene but was
involved in the commission of an enumerated felony
that resulted in a person's death. Murder in the first
degree is a capital felony.
Murder in the second degree is an unjustified killing
perpetrated by "an act imminently dangerous to
another and evincing a depraved mind regardless of
human life" or the killing of a person during
the commission of an enumerated felony in which the
defendant was not the killer but was involved in committing
the felony. Murder in the second degree is a first
degree felony. Murder in the third degree occurs when
a person kills during the commission of a nonenumerated
felony. Murder in the third degree is a second degree
felony. Manslaughter is the unlawful killing of a person
that does not rise to the definitional level of a murder.
Manslaughter is a second degree felony.
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