Dimond Kaplan & Rothstein, P.A.

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The Difference Between a Misdemeanor and a Felony in Florida

There’s a well-known expression that advises would-be lawbreakers not to do anything risky unless they are prepared to suffer the potential consequences of their illegal activity should things not go as planned: “Don’t do the crime, if you can’t do the time!” The meaning is clear. If you are caught committing a crime and are convicted in a court of law, your sentence may include a considerable stretch in prison. So before you make up your mind to do something illicit, think long and hard about the time that you might have to spend languishing in jail.

In Florida, as in most states, almost all criminal offenses are classified into two broad categories – misdemeanors and felonies. Misdemeanors and felonies differ in various ways. Misdemeanors are crimes that are usually deemed less serious than felonies, and thus have less severe penalties. For example, if a monetary fine is imposed for a misdemeanor conviction, it will usually be less than one imposed for a felony conviction. In addition, while a misdemeanor conviction generally carries a maximum jail sentence of up to one year, a felony conviction has a minimum conviction of at least one year or more.

While misdemeanor cases have no preliminary hearings – the defendant simply faces a judge and is sentenced without a jury trial – an indictment or a preliminary trial it held to determine the charges in a felony case, and the perpetrator may be imprisoned while awaiting a jury trial. Also, while a misdemeanor conviction sentence will be served in a county or city jail, a felony conviction will be served in a state penitentiary or a federal prison. Lastly, misdemeanors carry no life-long restrictions, while felony convictions may prevent one from ever buying a gun or voting in elections.

Misdemeanor Offenses in Florida

The following offenses are considered misdemeanors in Florida:

  • Petit (petty) theft
  • Battery
  • Domestic violence
  • Shoplifting
  • Vandalism
  • Disorderly conduct
  • Giving alcohol to a minor
  • Driving with a suspended license
  • Driving under the influence (DUI)
  • Possession of less than 20 grams of marijuana

Misdemeanors are classified into First and Second Degree crimes. First Degree Misdemeanors are punishable by up to one year in jail and/or 12 months of probation and a $1,000 fine. Some First Degree Misdemeanors are: battery; cruelty to animals; and possession of drug paraphernalia. Second Degree Misdemeanors are punishable by up to 60 days in jail and/or six months probation and a $500 fine. Some Second Degree Misdemeanors are: driving with a suspended license; disorderly intoxication; and some trespassing charges.

Felonies in Florida

Some common felonies in Florida include: assault, battery, carjacking, homicide, incest, kidnapping, robbery, sexual battery, stalking and grand theft. Punishment for a felony can range between one year and death, depending on the felony and degree of the felony. The Florida legislature has created five categories of felonies, plus a separate category for certain drug crimes:

Felony of the Third Degree

A defendant who has been convicted of a felony of the third degree may be punished by a term of imprisonment in a state prison, not exceeding five years and a fine of up to $5,000. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court. Some Third Degree Felonies are: cocaine possession; burglary; resisting arrest with violence; driving as a habitual traffic offender; forgery with intent to defraud; and a third or subsequent DUI.

Felony of the Second Degree

A defendant who has been convicted of a felony of the second degree may be punished by a term of imprisonment in a state prison, not exceeding 15 years and a fine of up to $10,000. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court. Some Second Degree Felonies are: aggravated battery with a weapon; serious child abuse; possession of a controlled substance with intent to sell; receiving stolen property; and sexual battery.

Felony of the First Degree

A felony in the first degree is punishable by no more than thirty years imprisonment in a state prison and a fine of up to $10,000. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court. Some First Degree Felonies are: DUI manslaughter while leaving the scene of an accident; robbery with a weapon; first degree homicide, human trafficking; carjacking; and knowing forgery of prescription labels or prescription drug labels.

Life Felony

A life felony is punishable by 40 years to life imprisonment in a state prison and a fine of up to $15,000. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court. A defendant may be convicted of a Life Felony for subsequent convictions of First Degree Felonies, or for the violent crimes of, for example: kidnapping; possessing, selling or using a weapon of mass destruction; accomplice to murder; unpremeditated murder; lascivious molestation of a victim less than 12 years old; robbery with a firearm or other deadly weapon.

Capital Felony

A capital felony is punishable by death or life imprisonment without the possibility of parole in a state prison. In addition, the defendant may also be ordered to pay the victim restitution as ordered by the court. Capital felonies include: murder; capital drug trafficking; armed kidnapping; and some felony crimes when there are death or sexual components to the felony charge.

Drug Offenses

Trafficking in certain controlled substances are felonies which can carry mandatory minimum sentences and fines of up to $500,000.

Legal Help

Florida criminal statutes are complex and are constantly changing. If you are charged with a criminal offense, whether a felony or misdemeanor, you need to seek immediate legal counsel. Some crimes can be upgraded or downgraded according to aggravating factors, and in some cases, a felony charge may be reduced if it can be proven that there was no intent to commit a crime.

When you are accused of a crime, your freedom, your reputation, and your family’s well-being may be at stake. Do not attempt to defend yourself. Here at Dimond Kaplan & Rothstein, P.A. our experienced criminal defense lawyers stand ready to help you navigate through the court system while preparing your defense to the best of our abilities. Don’t wait, contact us today.

Contact an experienced, aggressive White Collar Crime attorney in West Palm Beach

If you have questions regarding white collar crimes or criminal defense litigation, please do not hesitate to contact us for a free consultation so we can review your case. We are happy to meet or speak with you anytime. Our legal team is highly experienced, aggressive, and will fight for your rights!

suskauer-law-free-consultation If you or a loved one has been arrested or charged with a crime in Florida, and have questions or would like to schedule a free consultation to review your case, please complete the form below, and someone from our legal team will get back to you immediately.

West Palm Beach Criminal Lawyers that are…

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Top lawyer badges and recognition for Michelle Suskauer: Florida Trend's Florida Legal Elite for 2022, Top Attorneys & Rising Stars in Florida, 2022 Palm Beach Illustrated Top Lawyers, Florida Trend's Florida 500, AV Preeminent Lawyer Rating, Super Lawyers 2022, Top 100 Trail Lawyers, FastCase 50, Attorney.com Top Attorney Award Winner, and Avvo 10.0 Superb Rating for Criminal Defense Attorney, TopVerdict.com's Top 20 Jury Verdicts

Law Firm News

  • Michelle Speaks to MarketWatch About Alec Baldwin Manslaughter Charges
  • Mitigating vs. aggravating factors in Nikolas Cruz sentencing trial? WPTV legal analyst Michelle Suskauer explains [Yahoo News]
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Insanity Decision in Austin Harrouff Case.
  • Michelle Speaks to Law.com About Judge and Warrant for Mar-a-Lago Search
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Jury Selection for Parkland shooter Nikolas Cruz
  • WPTV Legal Expert Michelle Suskauer Says Ghislaine Maxwell is Facing Serious Time
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Ghislaine Maxwell’s Guilty Verdict
  • Michelle Appears on WPTV to Discuss the Parkland School Shooting Change of Plea Hearing
  • Michelle Discusses Pro Bono Representation in Super Lawyers
  • Michelle and Her Dog Tucker Featured in the Daily Business Review
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Law Firm News

  • Michelle Speaks to MarketWatch About Alec Baldwin Manslaughter Charges
  • Mitigating vs. aggravating factors in Nikolas Cruz sentencing trial? WPTV legal analyst Michelle Suskauer explains [Yahoo News]
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Insanity Decision in Austin Harrouff Case.
  • Michelle Speaks to Law.com About Judge and Warrant for Mar-a-Lago Search
  • Legal Expert Michelle Suskauer Appears on News Channel 5 WPTV to Discuss Jury Selection for Parkland shooter Nikolas Cruz

West Palm Beach

Northbridge Centre
515 N. Flagler Drive,
Suite P-300
West Palm Beach, FL 33401

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Dimond Kaplan & Rothstein, P.A. serves all of Florida, including West Palm Beach, Palm Beach, North Palm Beach, Palm Beach Gardens, Jupiter, Tequesta, Royal Palm Beach, Wellington, Lake Worth, Boynton Beach, Delray Beach and Boca Raton.

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