What Are the Differences Between Felonies and Misdemeanors in Miami?

When you are arrested on suspicion of committing a crime in Florida, you may be charged with a felony and/or a misdemeanor depending on the circumstances. Although misdemeanors are generally considered less serious than felonies, they still carry significant consequences for a conviction. In addition, there are different types or “degrees” of felonies and misdemeanors, which can make a significant difference in the maximum possible sentence.

Misdemeanors

A misdemeanor is basically any criminal offense where the maximum penalty is no more than 1 year in jail. Florida classifies misdemeanors as follows:

• First-Degree Misdemeanors: This is the highest degree of misdemeanor and carries a maximum sentence of 1 year in jail and/or a fine of up to $1,000.
• Second-Degree Misdemeanors: Any misdemeanor that is not classified as a first-degree misdemeanor is a second-degree misdemeanor. Here, the maximum penalties are up to 60 days in jail and/or a fine of $500.

It is important to note that in some cases, a person convicted of a “repeat” misdemeanor can be charged with a felony for a subsequent violation. There are also a number of Florida laws that “enhance” misdemeanors to felonies based on certain aggravating factors, such as targeting a specific type of victim.

Felonies

Felonies under Florida law carry punishments that range all the way from 1 year in prison to the death penalty. Felony sentencing itself is a fairly complicated task. Judges use a “scoresheet” mandated by state law that take into account a number of factors when determining an individual felony sentence.

Here is the basic breakdown of felony classes in Florida:

• Capital Felonies: This is the highest degree of felony in Florida, as a conviction can result in the death penalty or life imprisonment without the possibility of parole.
• Life Felonies: As the name suggests, these are penalties punishable by life in prison. The court can also fine a defendant convicted of a life felony up to $15,000.
• First-Degree Felonies: These are felonies punishable by up to 30 years in prison and/or a fine of up to $10,000.
• Second-Degree Felonies: These are felonies punishable by up to 15 years in prison and/or a fine of up to $10,000.
• Third-Degree Felonies: This is the lowest class of felony and is punishable by up to 5 years in prison and/or a fine of up to $5,000.

As with misdemeanors, a “repeat” felony conviction can lead to enhanced sentencing. And under Florida law, a person convicted of a felony usually must serve at least 85 percent of their sentence in prison.

Speak with a Miami Criminal Defense Lawyer Today

The prospect of any amount of prison time should be enough for you to take action in defense of your rights. If you have been charged with a criminal offense, your first step should be to speak with a qualified Miami criminal attorney about your case. Contact Asilia Law Firm today to schedule an initial consultation with a member of our team.