Founding Attorney
When someone is arrested in Florida, one of the first questions that often arises is whether the charge is a misdemeanor or a felony. These two classifications may sound straightforward, but the differences between them carry serious weight. A misdemeanor can still lead to jail time, fines, and a permanent mark on a criminal record, while a felony has the potential to change the course of someone’s future entirely. The classification also affects how the case is prosecuted, what options may be available, and how the outcome can impact everyday life for years to come.
What Is a Misdemeanor?
In Florida, a misdemeanor is considered a lower-level offense. While still serious, misdemeanors carry lighter penalties than felonies and often involve county jail time rather than prison. The law divides misdemeanors into two categories, each with its own maximum penalties:
- First-degree misdemeanors: Up to 1 year in jail, 1 year of probation, and a $1,000 fine.
- Second-degree misdemeanors: Up to 60 days in jail, 6 months of probation, and a $500 fine.
These reflect the maximum sentences allowed by law. In many cases, especially for first-time offenders, the outcome may involve probation, fines, or diversion programs instead of jail.
Common examples of misdemeanors include:
- Disorderly conduct
- Simple battery (no serious injury)
- Shoplifting items valued under $750
- Possession of a small amount of marijuana (under 20 grams)
- Driving with a suspended license (first offense)
A misdemeanor conviction still creates a criminal record, which can affect your employment, housing, and professional licenses.
What Is a Felony?
Felonies are the most serious category of crimes in Florida. They are punishable by time in state prison and carry lifelong consequences.
- Third-degree felonies: Up to 5 years in prison and a $5,000 fine.
- Second-degree felonies: Up to 15 years in prison and a $10,000 fine.
- First-degree felonies: Up to 30 years in prison and a $10,000 fine.
- Life felonies: Up to life in prison without parole.
- Capital felonies: Punishable by death or life without parole.
As with misdemeanors, these are statutory maximums. The actual sentence depends on factors such as prior convictions, aggravating circumstances, and judicial discretion.
Common examples of felonies include:
- Aggravated assault with a deadly weapon
- Burglary of a dwelling
- Drug trafficking
- Grand theft (items valued at $750 or more, with higher penalties for larger amounts)
- Sexual battery
- Murder
Felony convictions often lead to long-term restrictions, including loss of voting rights, inability to possess firearms, and major difficulties in employment or housing.
How Charges Can Be Elevated
Not all cases are clear-cut. A charge that begins as a misdemeanor may be elevated to a felony depending on certain circumstances.
Aggravating factors that can raise charges include:
- Prior convictions: Repeat offenses often carry harsher penalties. For example, a third DUI within 10 years can become a felony.
- Victim’s status: If the victim is a police officer, firefighter, elderly person, or child, charges can be enhanced.
- Injury caused: A simple battery that results in serious bodily harm can be reclassified as aggravated battery, a felony.
- Weapon use: Using or even displaying a firearm or deadly weapon during a crime can elevate charges significantly.
These factors highlight why it is so important to take every charge seriously. What may start as a misdemeanor can quickly become life-changing if aggravating circumstances are involved.
Why the Distinction Matters
Understanding the difference between misdemeanors and felonies is not just about potential jail time. It affects every part of the legal process, from plea negotiations to trial strategy. Felony cases typically involve more complex procedures, and the stakes are much higher.
Even misdemeanors can disrupt your life. Employers, landlords, and licensing boards often run background checks, and a conviction may show up years later. Having a criminal defense attorney review your case early gives you the best chance at avoiding long-term damage.
How Van Elswyk Law Can Help
At Van Elswyk Law, we know that facing criminal charges is one of the most stressful times in your life. We take the time to explain your charges, possible outcomes, and the defenses available to you. Whether you are accused of a misdemeanor or a felony, we will fight to protect your rights and work toward the best possible result.
If you or a loved one has been charged with a crime in Florida, reach out to us today. The sooner we get involved, the more options we can pursue on your behalf.