- Dorothy Naumann
- Indian River County, FL
Florida criminal law divides offenses into two primary categories: felonies and misdemeanors. The classification of a charge determines the court in which it is heard, the range of possible penalties, and the long-term legal consequences of a conviction.
Definitions
A misdemeanor is a criminal offense that carries a maximum sentence of one year in the county jail. A felony is a criminal offense that carries a potential sentence of more than one year, to be served in state prison rather than a county jail facility.
The distinction between the two is established under Florida Statute 775.08, which defines criminal offenses and their classifications.
Misdemeanor Classifications and Maximum Penalties
Florida law divides misdemeanors into two degrees:
- First-degree misdemeanor: maximum penalty of one year in the county jail and a $1,000 fine. Examples include simple battery, petit theft (value under $750), and possession of 20 grams or less of cannabis.
- Second-degree misdemeanor: maximum penalty of 60 days in the county jail and a $500 fine. Examples include disorderly conduct and loitering.
Misdemeanor cases in Indian River County are heard in the county court division of the 19th Judicial Circuit.
Felony Classifications and Maximum Penalties
Florida law divides felonies into five degrees, each carrying a different maximum penalty under Florida Statute 775.082:
- Third-degree felony: maximum of five years in state prison and a $5,000 fine
- Second-degree felony: maximum of 15 years in state prison and a $10,000 fine
- First-degree felony: maximum of 30 years in state prison and a $10,000 fine
- Life felony: maximum of life imprisonment and a $15,000 fine
- Capital felony: punishable by death or life imprisonment without the possibility of parole
Felony cases in Indian River County are heard in the circuit court division of the 19th Judicial Circuit in Vero Beach.
Differences in Court Procedures
Misdemeanor and felony cases follow different procedural paths through the court system. Key differences include:
- Grand jury requirement: capital felonies require a grand jury indictment. Other felonies may be charged by information filed by the state attorney.
- Jury size: felony trials use a jury of six (for non-capital cases) or twelve (for capital cases). Misdemeanor trials use a jury of six.
- Sentencing guidelines: felony sentences in Florida are governed by the Criminal Punishment Code, which uses a scoresheet to calculate recommended sentences based on the offense and the defendant’s prior record. Misdemeanor sentencing is at the court’s discretion within statutory limits.
- Appellate process: appeals from county court misdemeanor cases go to the circuit court. Appeals from circuit court felony cases go to the Florida District Courts of Appeal.
Long-Term Consequences of a Conviction
Beyond the court-imposed sentence, a felony conviction in Florida carries consequences that persist after the sentence is served. These include loss of voting rights, loss of the right to possess a firearm, potential disqualification from certain professional licenses, and restrictions on employment in certain fields. Some of these consequences may also apply to certain misdemeanor convictions, depending on the offense.
Right to Legal Representation
Any person charged with a felony or misdemeanor offense in Florida has the right to legal representation at all stages of the criminal proceeding.
Contacting a Criminal Defense Attorney
Florida law provides individuals the right to legal representation when facing criminal charges. Anyone charged with a felony or misdemeanor in Indian River County or the Treasure Coast area may contact a qualified criminal defense attorney to discuss their situation and legal rights.
To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.