Reference
Florida Offense Levels & Maximum Penalties
Florida classifies crimes by degree. This table shows the general maximum jail or prison term and fine for each degree. It is a reference, not a prediction: it cannot tell you what sentence a person will receive.
| Offense level | Maximum incarceration | Maximum fine | Trial court | Example | Florida Statutes |
|---|---|---|---|---|---|
| Second-degree misdemeanor | Up to 60 days in county jail | Up to $500 | County court | Simple assault; petit theft of property worth less than $100 | s. 775.082(4)(b); s. 775.083(1)(e) |
| First-degree misdemeanor | Up to 1 year in county jail | Up to $1,000 | County court | Simple battery; petit theft of property worth $100 or more but less than $750 | s. 775.082(4)(a); s. 775.083(1)(d) |
| Third-degree felony | Up to 5 years in state prison | Up to $5,000 | Circuit court | Grand theft of property worth $750 or more but less than $20,000 | s. 775.082(3)(e); s. 775.083(1)(c) |
| Second-degree felony | Up to 15 years in state prison | Up to $10,000 | Circuit court | Aggravated battery | s. 775.082(3)(d); s. 775.083(1)(b) |
| First-degree felony | Up to 30 years in state prison, or life when the specific statute provides for it | Up to $10,000 | Circuit court | Grand theft of property worth $100,000 or more | s. 775.082(3)(b); s. 775.083(1)(b) |
| Life felony | Life in state prison, or a term of years up to life | Up to $15,000 | Circuit court | — | s. 775.082(3)(a); s. 775.083(1)(a) |
| Capital felony | Death, or life in prison without parole | — | Circuit court | First-degree murder | s. 775.082(1) |
What this table does not tell you
- A maximum is a ceiling, not an expected sentence. Many cases end in probation, diversion, or a sentence well below the maximum.
- Some offenses set their own penalties. DUI, for example, has its own fines, jail terms, and license consequences in section 316.193.
- Some statutes impose mandatory minimum terms or allow longer sentences for certain repeat offenders.
- Felony sentences are also governed by the Criminal Punishment Code scoresheet, which sets a lowest permissible sentence in each case.
Sources: sections 775.082 and 775.083, Florida Statutes. Read Chapter 775 on the Florida Senate's website (opens in a new tab)
General educational information only. It does not predict the outcome of any case. Consult a licensed Florida attorney about your situation.