Misdemeanors in Florida are punishable by up to either 60 days or a year in jail and are handled by the County Court. They are classified as either first degree or second degree misdemeanors. Misdemeanor degrees are designated by specific statutes. Any crime declared by statute to be a misdemeanor without a specification of degree is designated a second degree misdemeanor.
First Degree Misdemeanors
First degree misdemeanors carry a sentence of up to a year in county jail and/or a fine of up to $1,000. First degree misdemeanors include battery (first offense), defamation or libel, indecent exposure, resisting an officer (without violence) and sale of fireworks.
Second Degree Misdemeanors
Second degree misdemeanors impose a sentence of up to 60 days in county jail and/or a fine of up to $500. Second degree misdemeanors include assault, committing a public nuisance, disorderly intoxication, lewd behavior, loitering and trespass in structure or conveyance.
Habitual Misdemeanor Offenders
Under Florida's criminal statutes, an adult offender who has been convicted of four prior and separate misdemeanors within a year is a habitual misdemeanor offender.
If the court finds that a defendant is a habitual misdemeanor offender, the court will sentence the defendant as a habitual misdemeanor offender and impose one of the following sentences:
- Commitment to a residential treatment program for not less than 6 months, but not to exceed 364 days, provided that the treatment program is operated by the county or a private vendor with which the county has contracted; or
- Detention for not less than 6 months, but not to exceed 364 days, to a designated residence, if the detention is supervised or monitored by the county or by a private vendor with which the county has contracted to supervise or monitor the detention;
The court may not sentence a defendant if the misdemeanor offense before the court for sentencing has been reclassified as a felony as a result of any prior qualifying misdemeanor.
Expungement
Florida laws provide statutes for expugement and sealing of a record. The statutes stipulate that the defendant must not have been previously adjudicated guilty or delinquent of any offense. The petitioner must also have not committed any crimes or offenses subsequent to the offense he or she wants expunged or have previously received an expungement or sealing.
An expunged record will be unavailable for public dissemination.
Find a Lawyer
If you face misdemeanor charges in Florida, you risk a maximum year in county jail as well as a maximum fine of $1,000 if convicted. Consult with an attorney experienced with Florida's criminal laws to ensure your rights are protected.
