Florida classifies crimes by statute. The misdemeanor or felony label helps identify the ordinary maximum penalty, but the actual sentence depends on the offense and other laws.
Florida Statutes § 775.081 describes the felony and misdemeanor classifications. A first-degree misdemeanor ordinarily carries up to one year in county jail, while a second-degree misdemeanor ordinarily carries up to 60 days. Basic battery is generally a first-degree misdemeanor; basic assault is generally a second-degree misdemeanor. Certain DUI charges may be misdemeanors, while repeat or aggravated DUI offenses may be felonies.
Felony degrees
Florida felonies include third-, second-, and first-degree offenses as well as life and capital felonies. Under § 775.082, ordinary maximum imprisonment can be up to five years for a third-degree felony, 15 years for a second-degree felony, and 30 years for a first-degree felony, subject to statutes that specify more. Life and capital felonies have distinct rules. It is misleading to say every felony must result in more than one year in prison; probation or a shorter lawful sentence may be available in some cases.
Why the label is only a starting point
The charging statute, prior record, sentencing scoresheet, mandatory minimums, enhancements, and offense date can change exposure. Fines, costs, licensing consequences, and other effects require separate review. Some conduct can be charged at different degrees depending on the facts. The prosecution must prove the elements of the exact offense charged, not simply show that a category sounds serious.
Review the case number and charging document with counsel. Ask about the statutory degree, sentencing range, defenses, and consequences of a proposed plea before making decisions.
This is general information, not legal advice.
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