CATEGORIES OF CRIMES

Florida acknowledges two distinct categories of crimes, misdemeanors and felonies. There are two types of misdemeanors and three types of felonies.

*MISDEMEANOR

FIRST DEGREE misdemeanor is punishable by a maximum of 356 days of incarceration and a maximum of one year of probation. The minimum is 0 days of incarceration and 0 days of probation. The most common crimes that are in this category are: assault, battery, driving under the influence and marijuana possession.

SECOND DEGREE misdemeanor is punishable by a maximum of 90 days of incarceration and a minimum of 0 days of incarceration.

*FELONY

FIRST DEGREE felony is the most serious charge in State Court. The maximum that an individual can be incarcerated is life imprisonment. The minimum days of incarceration depends on the charge. For example, drug trafficking is a first degree felony and carries a minimum of three years of imprisonment. The most common crimes that are in this category are: drug trafficking, murder, sexual battery and kidnapping.

SECOND DEGREE felony is punishable by a maximum of 15 years of imprisonment. The minimum is 0 days of incarceration. The most common charge that are in this category are: aggravated battery, aggravated assault, possession of a controlled substance with intent to distribute and lewd and lascivious behavior.

THIRD DEGREE is the most common felony. The maximum length of incarceration is five years, while, the minimum is 0 days in custody. The most common crimes that are in this category are possession of cocaine, felony driving with a suspended license, felony possession of marijuana and felony driving under the influence.