Felony Charges in Florida: Degrees, Maximum Penalties & Process

What makes a crime a felony

Section 775.08, Florida Statutes, defines a felony as any criminal offense punishable under Florida law by death or imprisonment in a state penitentiary. A misdemeanor is an offense punishable by a term in a county jail of not more than one year. The statute that creates each crime states its degree.

Felony degrees and maximum penalties

The general maximums are set by section 775.082, Florida Statutes and section 775.083, Florida Statutes.

Degree	Maximum prison term	Maximum fine	Example
Third degree	5 years	$5,000	Grand theft of property worth $750 or more but less than $20,000
Second degree	15 years	$10,000	Aggravated battery
First degree	30 years, or life when the statute provides for it	$10,000	Grand theft of property worth $100,000 or more
Life felony	Life, or a term of years up to life	$15,000	—
Capital felony	Death, or life without parole	—	First-degree murder

The same information for misdemeanors is in our Florida offense level reference, and the comparison tables set misdemeanors and felonies side by side.

How felony sentencing works

Most felony sentences are governed by the Criminal Punishment Code. Under section 921.0024, Florida Statutes, a scoresheet is prepared that assigns points for:

• the primary offense, according to its severity level;
• any additional offenses being sentenced at the same time;
• victim injury;
• the defendant’s prior record; and
• other factors listed in the statute, such as a violation of probation.

The total produces the lowest permissible sentence. When the total is more than 44 points, the lowest permissible sentence is a state prison term calculated from the points. At 44 points or fewer, the judge may impose a sentence that does not involve state prison. The judge can sentence anywhere from the lowest permissible sentence up to the statutory maximum, and can go below it only on grounds the law recognizes.

Laws that raise the minimum or the maximum

Several statutes can change the range. These are the ones people most often ask about.

Firearm offenses (“10-20-Life”)

For felonies listed in section 775.087, Florida Statutes, a person who actually possessed a firearm during the offense faces a minimum of 10 years. If the firearm was discharged the minimum is 20 years, and if the discharge caused death or great bodily harm it is 25 years to life. A three-year minimum applies to possession of a firearm by a convicted felon and to burglary of a conveyance.

Drug trafficking

Under section 893.135, Florida Statutes, possessing or selling more than a threshold quantity of a drug is trafficking, a first-degree felony with mandatory minimum prison terms and fines that rise with the quantity. The thresholds include more than 25 pounds of cannabis, 28 grams of cocaine, 7 grams of oxycodone, 28 grams of hydrocodone, 14 grams of methamphetamine, and 4 grams of fentanyl, heroin, or morphine. Possession below those amounts is charged under section 893.13, Florida Statutes.

Repeat offenders

• Habitual felony offender. Under section 775.084, Florida Statutes, a court may impose an extended term on a qualifying defendant with two or more prior felonies: up to 10 years for a third-degree felony, up to 30 years for a second-degree felony, and life for a first-degree or life felony.
• Prison releasee reoffender. Under section 775.082, Florida Statutes, a person who commits a listed offense within three years of release from prison must receive the statutory maximum (5, 15, or 30 years, or life) and serve all of it.

How a felony case moves through court

Felonies are filed in circuit court. The State Attorney files an information, except in capital cases, which require a grand jury indictment. Trials are before a six-member jury, or twelve in a capital case. Because the sentencing exposure is higher, discovery and pretrial litigation usually take longer than in a misdemeanor case. Our guide to the Florida criminal court process explains each stage.

Withholding adjudication in a felony case

A judge who places a defendant on probation can sometimes withhold adjudication of guilt. Section 775.08435, Florida Statutes, limits this in felony cases: a withhold is not available for capital, life, or first-degree felonies, and it is restricted for second- and third-degree felonies.

Consequences beyond the sentence

• Voting. Under Article VI, section 4 of the Florida Constitution, a felony conviction suspends the right to vote until all terms of the sentence, including parole or probation, are completed. For murder and felony sexual offenses, voting rights are restored only through clemency.
• Firearms. Section 790.23, Florida Statutes, makes it a crime for a person convicted of a felony to possess a firearm or ammunition.
• Jury service. A person convicted of a felony is disqualified from jury service unless their civil rights have been restored (section 40.013, Florida Statutes).
• Records. A person who has been adjudicated guilty of a crime in Florida generally cannot have a record sealed or expunged by court order.
• Other effects. A conviction can affect professional licenses, employment, housing, and, for people who are not U.S. citizens, immigration status.

Common questions

Can a felony be reduced to a misdemeanor?

A prosecutor can amend a charge to a lesser offense, and a diversion program can end a case without a conviction, but both depend on the offense, the evidence, and the prosecutor’s decision.

What is the lowest level of felony in Florida?

A third-degree felony, with a maximum of five years in prison and a $5,000 fine.

Does a felony charge always mean prison?

No. Whether a prison sentence is required depends on the scoresheet total and on whether a mandatory minimum applies. Many third-degree felony cases end in probation.

When to speak with an attorney

Felony cases carry the possibility of prison and lasting consequences, and the scoresheet, enhancements, and mandatory minimums are technical. A licensed Florida criminal defense attorney can calculate the real sentencing range in a case. A person who cannot afford a lawyer can ask the court to appoint the public defender. See how to prepare for an attorney consultation.