Felonies are the most serious offenses someone can be charged with in Florida. The state has five categories of felonies, distinct in the severity of the crimes classified under them. Regardless of a violation’s designation, the potential penalties for a conviction are severe and can include anywhere from a maximum of 5 years in prison to life without parole or death.
Fighting a felony charge is possible, but it’s not something someone should try on their own. A better course of action would be to retain the services of a criminal defense lawyer.
Whether you or someone you know is facing felony charges or you simply seek to educate yourself on the subject, this article aims to equip you with the necessary information to comprehend the gravity of Florida felonies and the potential consequences that follow.
At Hager & Schwartz, P.A., our team fights for those charged with serious crimes in Miami. Schedule a consultation by calling (305) 330-1360 or submitting an online contact form today.
What is a Felony in Florida?
According to Florida Statutes § 775.08, a felony is a serious criminal offense punishable by death or imprisonment in a state correctional facility for more than one year. Specifically, felonies can range from up to 5 years in prison to the death penalty. Aside from incarceration, those convicted could also face a maximum fine ranging from $5,000 to $15,000.
The severity of felonies distinguishes them from misdemeanors, which are less serious offenses punishable by a term of incarceration of no more than one year, typically served in a county correctional facility. The highest degree of a misdemeanor (first-degree) carries a jail term, not a prison term, of up to 1 year. The maximum fine for these offenses is $1,000.
The difference between a felony and a misdemeanor lies not only in the length and location of the sentence but also in the long-term impacts on an individual’s life. Felonies often carry more severe repercussions, including a permanent criminal record, loss of certain civil rights, and significant challenges in securing employment, housing, and other opportunities.
How Many Degrees of Felonies Does Florida Have?
Florida divides felonies into 5 classifications: capital felony, life felony, first-degree felony, second-degree felony, and third-degree felony. Florida felonies are categorized into distinct degrees based on the severity of the crime. The classification affects the potential penalties and plays a crucial role in the legal strategy and defense. The capital felony designation is reserved for the most serious offenses, whereas the third-degree designation is for the least serious (though these are still severe crimes).
Most of Florida’s statutes will specify the classification of felony a crime falls under. However, if the category is not specifically stated, the offense will be considered a third-degree felony.
Third-Degree Felonies
Third-degree felonies are the least severe within the felony classification but still carry substantial legal consequences.
These offenses include the following:
- Burglary without assault or battery when the offender is not armed with a dangerous weapon, as outlined in Florida Statutes § 810.02
- Felony battery, where an individual intentionally causes great bodily harm, permanent disfigurement, or disability to another person (Florida Statutes § 784.041)
- Aggravated assault, which involves an assault with a deadly weapon without intent to kill (Florida Statutes § 784.021)
Convictions for third-degree felonies can result in penalties of up to five years in prison, five years of probation, and a $5,000 fine.
Second-Degree Felonies
More serious than third-degree felonies, second-degree felonies encompass various offenses.
These crimes include the following:
- Burglary of a dwelling, where the offender does not commit an assault or battery and is not armed with a dangerous weapon, regardless of whether the dwelling is occupied at the time (Florida Statutes § 810.02)
- Dealing in stolen property, where an individual traffics in property known to be stolen (Florida Statutes § 812.019)
- Leaving the scene of an accident resulting in serious bodily injury, where the offender fails to stop and fulfill legal obligations such as providing aid (Florida Statutes § 316.027)
Penalties for second-degree felonies can be severe, with possible sentences of up to 15 years in prison, 15 years of probation, and fines up to $10,000.
First-Degree Felonies
First-degree felonies are among the most serious crimes under Florida law, carrying severe penalties that reflect their gravity.
Crimes in this category include:
- Robbery, where the use of force, violence, or fear is employed to take property from another person (Florida Statutes § 812.13)
- Arson, which involves the willful and unlawful use of fire or explosion to damage property (Florida Statutes § 806.01)
- Kidnapping, defined as confining, abducting, or imprisoning another person against their will and without lawful authority (Florida Statutes § 787.01)
First-degree felony convictions can result in sentences of up to 30 years in prison, 30 years of probation, and fines of up to $10,000.
Life Felonies
Life felonies are more severe and reserved for the most egregious crimes.
Examples of life felonies include:
- Kidnapping a child under 13 years of age when certain aggravating factors, such as sexual abuse or exploitation, are present (Florida Statutes § 787.01)
- Sexual battery committed by a person under 18 years of age on a person under 12 years of age (Florida Statutes § 794.011)
Life felony offenses carry the potential for life imprisonment.
Capital Felonies
Capital felonies are the most serious offenses in Florida, with potential penalties including life imprisonment without the possibility of parole or the death penalty.
The following are offenses that can be charged as capital felonies:
- First-degree murder, where the intentional killing of another person is committed under specific, aggravated circumstances (Florida Statutes § 782.04)
- Sexual battery committed by a person 18 years of age or older on a person under 12 years of age (Florida Statutes § 794.011)
Are Defenses Available for Someone Charged with a Felony?
If someone is charged with a felony, it does not mean that they do not have legal defenses. Various arguments may be raised to combat the allegations depending on the circumstances.
Crafting a compelling defense requires examining the incident from all angles and conducting a thorough review and analysis of the evidence. The evaluation can help determine the appropriate strategies for mounting a convincing argument in court.
Thus, even those facing the harshest sentences can seek to avoid or minimize penalties.
How Can a Miami Criminal Defense Attorney Help After Being Charged with a Felony in Florida?
Being charged with a felony can be terrifying. With the potential of facing several years in prison and the stigma of having a criminal record, retaining legal representation is crucial. An experienced criminal defense lawyer can provide advice and guidance throughout the process and ensure that their client’s rights are protected. They can also gather evidence, build a legal strategy, and negotiate plea deals or present arguments in court.
If you have been charged with a felony in Miami, reach out to Hager & Schwartz, P.A. to discuss your case. Call (305) 330-1360 or contact us online today.
