Understanding Misdemeanor vs. Felony Charges in Florida
Not all criminal charges are created equal. In Florida, the legal system distinguishes between misdemeanors and felonies, with each category carrying very different potential consequences. Understanding the difference—and what’s at stake—can help you make informed decisions and understand why hiring a criminal defense attorney is often the smartest first move.
What Is a Misdemeanor?
Misdemeanors are considered less serious offenses under Florida law. They are typically punishable by up to one year in a county jail and may also include fines, probation, community service, or mandatory classes.
Common examples of misdemeanors:
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Disorderly conduct (e.g., public intoxication or disturbing the peace)
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Simple battery (e.g., hitting someone without serious injury)
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First-time DUI (Driving Under the Influence)
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Petty theft (stealing property valued under $750)
There are two categories:
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First-degree misdemeanors – Up to 1 year in jail and a $1,000 fine
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Second-degree misdemeanors – Up to 60 days in jail and a $500 fine
Even though they’re considered “minor,” misdemeanors can still leave you with a permanent criminal record.
What Is a Felony?
Felonies are far more serious and carry the risk of state prison time. They also trigger more lasting consequences, including loss of certain civil rights and a greater stigma when applying for jobs, housing, or professional licenses.
Common examples of felonies:
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Drug trafficking
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Aggravated assault or battery
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Burglary of a dwelling
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Grand theft (stealing property worth $750 or more)
Florida categorizes felonies by degrees:
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Third-degree felony – Up to 5 years in prison and a $5,000 fine
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Second-degree felony – Up to 15 years in prison and a $10,000 fine
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First-degree felony – Up to 30 years (or life) and a $10,000 fine
Some offenses—like capital murder—can even carry the death penalty.
Why This Matters
Even a misdemeanor conviction can affect your life in serious ways. You could lose your job, your driver’s license, or your ability to obtain a professional license. A felony conviction has even more severe implications, including:
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Loss of voting rights
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Inability to own or possess a firearm
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Ineligibility for certain housing or loans
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Permanent damage to your reputation
If you’re an immigrant—documented or undocumented—criminal convictions can also trigger immigration consequences, including removal proceedings or ineligibility for naturalization.
How a Criminal Defense Attorney Can Help
Whether you’re facing a misdemeanor or felony, a skilled Miami defense lawyer can help protect your rights and minimize the consequences. Your attorney may be able to:
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Reduce charges from a felony to a misdemeanor
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Negotiate a plea deal that avoids jail time
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Seek diversion programs that result in dismissal upon completion
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Suppress evidence obtained illegally by police
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Fight for an acquittal at trial if necessary
Your lawyer can also help with post-conviction relief, such as sealing or expunging your record when eligible.
FAQs: Misdemeanors and Felonies in Florida
Can a misdemeanor turn into a felony?
Yes. If certain aggravating factors are present—such as a prior conviction, use of a weapon, or injury to a victim—a misdemeanor charge can be elevated to a felony.
Do felonies always mean prison time?
Not necessarily. Depending on the case and your history, your attorney may be able to negotiate alternatives like probation or community control.
What’s a “wobbler” charge?
It’s a charge that could be filed as either a misdemeanor or a felony depending on the specific circumstances, such as battery or theft cases.
Can I expunge a felony?
Generally, convictions for felonies cannot be expunged, but cases that were dropped or where adjudication was withheld may be eligible under certain conditions.
Will I lose my license for a misdemeanor?
It depends on the type of charge. DUIs, drug possession, and some traffic-related misdemeanors can result in license suspension.
Can I vote if I have a felony in Florida?
You may be eligible to vote if you’ve completed your sentence, probation, and paid all fines and restitution. However, rules continue to evolve, so it’s best to consult an attorney.
Do all misdemeanors go on my record?
Yes—unless the case is dismissed or sealed/expunged. Even minor convictions can appear on background checks unless cleared.
