Florida Felony Penalty Offenses and Sentencing

Florida law indicates that a felony is a crime which is punishable by more than a year in prison.  In addition, for a capital felony, such as murder, one may receive the death penalty.

Felony Sentencing and Convictions in Florida

In Florida, there are no classes of felony crimes. However, there are different degrees of felonies which carry particular sentences.  These include the following:

Capital Felonies

Includes offenses of murder and homicide. 
Sentencing:  death or life imprisonment

Life Felony

Includes manslaughter, sex crimes, kidnapping, rape, burglary and robbery.
Sentencing:  up to 40 years to life imprisonment and up to a $15,000.00 fine

1st Degree Felony

Includes drug trafficking, manslaughter, white collar crimes, sex crimes, drug crimes, theft, robbery, kidnapping and burglary.
Sentencing: up to 30 years imprisonment and up to a $10,000.00 fine

2nd Degree Felony

includes aggravated battery, DUI (Florida Felony DUI), felonious driving, domestic crimes, theft, white collar crimes, sex crimes, robbery and drug crimes. (Florida Marijuana Felony Offenses)
Sentencing: up to 15 years imprisonment and up to a $10,000.00 fine

3rd Degree Felony

includes aggravated assault, trespass, possession of a controlled substance, petty crimes and carrying a concealed firearm.
Sentencing: up to 5 years imprisonment and up to a $5,000.00 fine

Florida Felony Records and Expungement

The State of Florida permits the certain felony records to be expunged. However, there are many which may not be expunged if one was found guilty or took a guilty plea to the crime. These include the following:

• homicide
• manslaughter
• Luring or Enticing a Child
• Sexual Battery and related offense
• Voyeurism
• Procuring person under 18 for prostitution
• Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
• Violations of the Florida Communications Fraud Act
• Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult
• Sexual Performance by a child
• Sexual misconduct with mentally deficient or mentally ill defendant and related offenses.
• Offenses by public officers and employees
• Providing or showing obscene materials to a minor
• Computer pornography which is child related in nature
• Selling or buying of minors
• Drug Trafficking (Trafficking in Controlled Substances)
• Arson
• Aggravated assault or battery
• Child abuse
• Aggravated child abuse
• Illegal use of explosives
• Home invasion robbery
• Violation of pretrial detention/release
• Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
• Robbery
• Act of domestic violence
• Carjacking
• Stalking or aggravated stalking
• Terrorism
• Burglary of dwelling
• Sexual activity with a child, who is 12 years of age or older, but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
• Aircraft piracy
• Manufacturing controlled substances
• Attempting or conspiring to commit the above-listed crimes

Florida Felony Statute of Limitations

According to Florida law, there is no limitation on filing a felony indictment for a capital felony, a life felony or a felony which resulted in a death.  A prosecution for a felony of the first degree must be commenced in four years after it is committed.  All other felonies must be prosecuted within three years after the offense is committed. View all Florida Criminal Statutes.

Help from a Lawyer in Florida for Felony Charges

If one is charged with a felony in Florida, one should consider retaining an experienced criminal attorney.  An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.