TL;DR
Florida felonies range from third-degree (up to 5 years in state prison) to capital (death or life). Sentencing uses the Criminal Punishment Code scoresheet — prior record, victim injury, and offense level all add points. Enhancements like Habitual Felony Offender or Prison Releasee Reoffender can dramatically increase mandatory time.
Florida felony classes
- Third-degree felony — up to 5 years state prison, up to $5,000 fine. Most common felony class. Examples: grand theft ($750+), aggravated assault, possession of certain controlled substances.
- Second-degree felony — up to 15 years state prison, up to $10,000 fine. Examples: aggravated battery, burglary of a dwelling, sale of certain controlled substances.
- First-degree felony — up to 30 years state prison, up to $10,000 fine. Examples: armed robbery, trafficking quantities, sexual battery.
- Life felony — up to life in state prison.
- Capital felony — death or life without parole. Florida law reserves this for the most serious offenses.
The scoresheet
The Criminal Punishment Code scoresheet assigns points based on the primary offense, additional offenses, prior record, victim injury, and other factors. Total points produce a “lowest permissible sentence” — the bottom of the recommended range. Departures below the lowest permissible sentence require legal grounds and judicial findings.
Sentencing enhancements that escalate prison time
- Habitual Felony Offender (HFO): Doubles the statutory maximum for qualifying defendants with prior felonies.
- Prison Releasee Reoffender (PRR): Mandatory maximum sentence for qualifying offenses committed within 3 years of prison release.
- 10-20-Life: Mandatory minimums for firearm offenses — 10 years to draw/possess, 20 for discharge, 25-to-life for great-bodily-harm or death.
- Drug trafficking thresholds: Mandatory minimums kick in by weight (e.g., 25 lbs of cannabis, 4 grams of oxycodone).
Procedural differences from misdemeanors
Felonies are heard in Florida Circuit Court (not County Court). The State must initiate prosecution by Information or grand jury indictment. Felony juries typically have 6 members (12 in capital cases). Discovery rights are broader. The stakes — including loss of voting rights and firearm rights — are higher.
Collateral consequences of a felony conviction
- Loss of right to vote (restorable under current Florida law).
- Loss of right to possess firearms.
- Loss of certain professional licenses.
- Permanent record (most felonies cannot be sealed or expunged — see our sealing/expungement guide).
- Immigration consequences for non-citizens.
- Housing and employment background-check impact.
Common questions
Can a felony be reduced to a misdemeanor? Sometimes, through plea negotiation, charge bargaining, or PTI completion. Depends on the offense, evidence, priors, and the State.
What is a “withhold of adjudication” and is it available for felonies? A withhold means no formal finding of guilt. Withholds are available for many felonies but barred for some (e.g., capital, life, and certain enumerated offenses).
When to consult an attorney
Felony exposure deserves a strategy session with an experienced Florida defense attorney before arraignment. The sooner counsel is involved, the more options remain available.
Related guides
Consult a licensed attorney for legal advice.
This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.
Consult a licensed attorney for legal advice.
This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.