Felony vs. Misdemeanor in Florida: The Differences That Matter

What Florida law says

Section 775.08, Florida Statutes, defines both terms. A felony is any criminal offense punishable by death or imprisonment in a state penitentiary. A misdemeanor is any criminal offense punishable by a term in a county correctional facility of not more than one year. The same section says a person goes to state prison for a sentence that exceeds one year.

Section 775.081, Florida Statutes, then divides each group into degrees. Felonies are capital, life, first degree, second degree, and third degree. Misdemeanors are first degree and second degree. If a statute calls a crime a felony without giving a degree, it is a third-degree felony. If a statute calls a crime a misdemeanor without giving a degree, it is a second-degree misdemeanor.

A third category, the noncriminal violation, is punishable only by a fine or other civil penalty and is not a crime.

Side by side

	Misdemeanor	Felony
Maximum term	60 days (second degree) or 1 year (first degree)	5 years (third degree), 15 years (second degree), 30 years or life where a statute provides (first degree), life, or death
Where a sentence is served	County jail	State prison, for a sentence over 1 year
Maximum fine	$500 (second degree) or $1,000 (first degree)	$5,000 (third degree), $10,000 (first or second degree), $15,000 (life felony)
Court	County court	Circuit court
Default speedy trial period	90 days from the formal charge	175 days from the formal charge
Time limit to start a prosecution	1 year (second degree) or 2 years (first degree)	3 years for most felonies, 4 years for a first-degree felony, and no limit for a capital felony, a life felony, or a felony that resulted in a death

The prison and jail maximums come from section 775.082, Florida Statutes, the fines from section 775.083, Florida Statutes, and the time limits from section 775.15, Florida Statutes. Many offenses have their own rules that differ from these general figures. The offense level reference lists the maximums with citations, and the comparison tables set out more differences.

How the case moves through court

• Court. County courts hear misdemeanors. Circuit courts hear all felonies, and also a misdemeanor that arises from the same circumstances as a felony charged with it. In Pinellas County both courts sit at the Pinellas County Justice Center in Clearwater.
• Charging document. The State Attorney files the formal charge. A capital crime requires a grand jury indictment.
• Jury. A jury has six members in both kinds of case, and twelve in a capital case.
• Sentencing. Most felony sentences are calculated on the Criminal Punishment Code scoresheet. Misdemeanor sentences are not.

The stages themselves are the same. See how the Florida criminal court process works, misdemeanors in Florida, and felony charges in Florida.

When a misdemeanor becomes a felony

Many offenses exist at both levels. What moves a charge from one to the other is written into the statute for that offense. Common examples:

• Value. Theft of property worth less than $750 is petit theft, a misdemeanor. At $750 it is grand theft, a felony. See theft in Florida.
• Injury or a weapon. Battery is a first-degree misdemeanor. Battery that causes great bodily harm, or that involves a deadly weapon, is a felony. See battery in Florida.
• Prior convictions. A new battery by a person with a qualifying prior conviction is a third-degree felony, and so is petit theft by a person with two or more prior theft convictions. Since July 1, 2026, a crime of domestic violence is reclassified one level higher when the person has a prior domestic violence conviction. See domestic violence charges in Florida.
• Repetition. A third DUI within 10 years of a prior conviction, and any fourth DUI, is a third-degree felony. See DUI in Florida.
• Quantity. Possession of 20 grams or less of cannabis is a first-degree misdemeanor. Possession of most other controlled substances is a third-degree felony. See drug possession in Florida.

Consequences after the case

Some consequences attach only to a felony conviction:

• Voting. Under Article VI, section 4 of the Florida Constitution, a felony conviction suspends the right to vote until all terms of the sentence are completed. For murder and felony sexual offenses, voting rights are restored only through clemency.
• Firearms. Section 790.23 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).

Others apply to both. Any adjudication of guilt for a crime in Florida, including a misdemeanor, generally rules out sealing or expunging a record by court order. See sealing or expunging a Florida criminal record.

Important exceptions

• The general maximums are not always the rule. Some statutes set their own penalties. DUI is an example: its fines and jail terms are in section 316.193, not in the general table.
• Minimums and enhancements. Some felonies carry mandatory minimum terms, and repeat-offender laws can raise the maximum.
• The charge can change. The prosecutor decides the formal charge and may file a different level from the one listed at arrest.
• Time limits have exceptions. Section 775.15 lists offenses with longer periods and situations in which the period is extended.

Common questions

Is a first-degree misdemeanor worse than a third-degree felony?

No. Every felony is a more serious level than every misdemeanor. A first-degree misdemeanor carries up to 1 year in jail, and a third-degree felony carries up to 5 years in prison.

Can a person go to jail for a misdemeanor?

Yes. A second-degree misdemeanor carries up to 60 days and a first-degree misdemeanor up to 1 year in county jail. Those are maximums, and many misdemeanor sentences involve no jail.

Is a lawyer appointed in a misdemeanor case?

Under section 27.51, the public defender represents an indigent person charged with a misdemeanor prosecuted by the State Attorney, unless the judge files an order before trial that no imprisonment will be imposed.

Can a felony be reduced to a misdemeanor?

A prosecutor can amend a charge to a lesser offense, but that depends on the offense, the evidence, and the prosecutor’s decision.

When to speak with an attorney

Whether a charge is a felony or a misdemeanor often depends on a detail, such as a dollar value, a prior case, or how an injury is described. A licensed Florida attorney can explain what the charging document actually alleges and what range applies. A person who cannot afford a lawyer can ask the court to appoint the public defender. More guides are on the Felonies and Misdemeanors topic pages.