“Misdemeanor, n. An infraction of the law having less dignity than a felony and constituting no claim to admittance into the best criminal society.”
—Ambrose Bierce, 19th Century American Journalist and Short Story Writer
Many unrepentant hard-core criminals would likely agree with Ambrose Bierce’s satirical definition of misdemeanor, which he included in his best-selling “The Devil’s Dictionary.” After all, if you’re committed to a life of crime, you’ll probably not gain much notoriety by committing misdemeanors, and a hardened gang of criminals is unlikely to accept you as a brother in arms. At best, the career misdemeanor criminal can expect local public disdain and likely periodic stints in the local jail, along with fines and other moderate penalties.
Not that you have an interest in becoming any kind of criminal, as you’re probably only reading this to learn more about what differentiates a misdemeanor from a felony in Florida. With expertise mounting successful felony and misdemeanor defenses, Tallahassee criminal defense lawyers at Cowhey + Ward Attorneys at Law can provide you with the lowdown. Oh, and if you do happen to be facing misdemeanor or felony charges in Florida, they can help you strategize an effective criminal defense. Read on!
Misdemeanor Charges Apply to Lower Tier Crimes
If a Florida court convicts you of a crime, you’re typically far better off if you’ve been charged with a misdemeanor rather than a felony. While most misdemeanor convictions in Florida carry a maximum punishment of one year’s incarceration, most felony convictions mandate a minimum one-year prison sentence. Defendants convicted of misdemeanors are far more likely to be fined, put on probation, and/or ordered to serve community service instead of jail time, whereas those convicted of a felony face a much greater likelihood of a prison sentence.
Legal professionals characterize misdemeanors as being “petty” offenses. In Florida, some common misdemeanors include:
- Simple theft
- Shoplifting
- Vandalism
- Disorderly conduct
- Providing alcohol to a minor
- Battery
- Cruelty to animals
- Driving under the influence
- Driving with a suspended license
These are just a few of the dozens of misdemeanors described in Title XLVI of the Florida Statutes. However, some misdemeanor offenses can also be felonies depending on distinct elements of the crime. For instance, prostitution is initially charged as a misdemeanor; however, it is charged as a felony for subsequent arrests following a conviction. Or take domestic violence, which can be charged as a misdemeanor or a felony depending on the degree of violence committed. Indecent exposure is a misdemeanor for a first offense, but a felony for subsequent ones or if the exposure involves minors. Vandalism is charged as a misdemeanor or felony, depending on the type of property damage, damage amount, and/or any previous vandalism convictions.
Florida law categorized misdemeanors as either first- or second-degree offenses, with the second-degree ones considered the lowest-tier criminal offenses codified by state law. The maximum penalties for a conviction of a first-degree misdemeanor are one year in jail and/or a $1,000 fine. A second-degree misdemeanor conviction carries a maximum of 60 days in jail and/or a $500 fine.
Felonies in Florida Cover the Gamut of Severe Crimes
Florida law essentially deems any crime that causes significant physical harm, financial damages, or public disorder as felonies. Some common felonies include:
- Murder
- Manslaughter
- Arson
- Robbery
- Car jacking
- Sexual assault
- Vehicular manslaughter
- Terrorist threats
- Numerous weapons offenses
- Illegal drug possession, sales, trafficking
Like misdemeanors, felonies have distinct classes that mandate penalties designed to reflect the severity of the criminal act. Additionally, those with previous convictions for an offense are charged with higher-tier felonies for subsequent arrests for the same offense. Here are the types of felonies with their corresponding maximum penalties:
- Third-degree felony—five years in prison/$5,000 fine.
- Second-degree felony—15 years imprisonment/$10,000 fine.
- First-degree felony—30 years imprisonment/$10,000 fine.
- Life Felony—40 years to life imprisonment/$15,000 fine.
- Capital felony—death or life imprisonment without parole.
Certain drug trafficking offenses are categorized separately as felonies under Florida law, with their own mandatory minimum prison sentences and fines up to $500,000.
Other Differences Between Misdemeanors and Felonies in Florida
Guidelines for sentencing convicted misdemeanor or felony offenders in Florida are detailed in Chapter 775 of the statutes. Other key differences between misdemeanor and felony offenses include:
- Felonies are adjudicated under indictment with preliminary hearings and a jury, while misdemeanor cases are tried without preliminary hearings before a judge.
- Felony offenders serve their sentences in a state penitentiary or federal prison, while misdemeanor ones serve their time in county jails.
- Felony offenders face life-long voting and firearms prohibitions; misdemeanor offenders do not.
Consult with Cowhey + Ward for Skilled Criminal Defense in Tallahassee
If Florida police have charged you or a loved one with a misdemeanor or felony offense, seek out the services of a skilled criminal lawyer who can help navigate you through the legal complexities and mount an effective defense. The criminal lawyers at Cowhey + Ward have successfully defended numerous Tallahassee-area clients against misdemeanor and felony charges. Their detailed legal knowledge, experience, and proactive defense approach have been instrumental in securing positive outcomes for many of their clients. To learn how Cowhey + Ward can help you strategize an effective defense against misdemeanor or felony charges, contact our Tallahassee-based office today at (850) 222-1000.