Florida felony degrees and maximum penalties
Florida law classifies felonies as capital, life, or first, second or third degree. Capital and life felonies must be designated as such by statute. A felony with no degree specified is generally a third-degree felony.
| Degree | Maximum prison term (§ 775.082) | Maximum fine (§ 775.083) |
|---|---|---|
| Capital felony | Death, or life imprisonment without parole | Not set by § 775.083 |
| Life felony (on or after July 1, 1995) | Life, or a term of years not exceeding life | $15,000 |
| First degree | 30 years, or life where a statute specifically provides | $10,000 |
| Second degree | 15 years | $10,000 |
| Third degree | 5 years | $5,000 |
A court may also impose a fine of up to double the defendant’s gain or the victim’s loss from the offense. Some offenses carry different terms set by their own statutes.
Which court hears felony cases
In Florida, circuit courts have jurisdiction over all felonies, and over misdemeanors that arise from the same circumstances as a charged felony. In South Florida, each county is its own judicial circuit.
- Broward County. The Seventeenth Judicial Circuit.
- Miami-Dade County. The Eleventh Judicial Circuit.
- Palm Beach County. The Fifteenth Judicial Circuit.
How a Florida felony is charged
Under the Florida Constitution, a capital crime must be charged by a grand jury indictment. Other felonies may be charged by an information, a sworn charging document filed by the prosecutor. That is a key difference from federal court, where felonies are generally charged by grand jury indictment unless the defendant waives it.
Florida felonies committed on or after October 1, 1998, other than capital felonies, are sentenced under the Criminal Punishment Code. The code sets a lowest permissible sentence, and a judge may impose up to the statutory maximum. A sentence below the lowest permissible sentence must be explained in writing.
When a state case may also be federal
The same conduct can violate both Florida and federal law. Drug, firearm, fraud and other cases sometimes involve both state police and federal agents, and the case can be brought in either system.
In Gamble v. United States, the Supreme Court reaffirmed that a state and the federal government are separate sovereigns, so prosecution by one does not bar prosecution by the other for the same conduct. A lawyer who practices in both systems can watch for that risk.
The same conduct can be charged in state court, federal court or both.
How Kaufman Legal Group can help
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He works with Phil Horowitz, who has practiced criminal defense since 1985, and Victor E. Rocha, who was admitted to The Florida Bar in 1983 and speaks Spanish. Together they have more than 100 years of combined experience.
The firm takes serious felony cases in Broward, Miami-Dade and Palm Beach counties, and its federal experience matters when a case could cross over. The initial phone consultation is free and confidential. Call (954) 648-8965.