Charges and sentences
Felony and misdemeanor classes in Florida
Florida grades felonies as capital, life, first-degree, second-degree and third-degree, and misdemeanors as first-degree or second-degree. A noncriminal violation is below a misdemeanor and is not a crime.1
Checked October 29, 2026 against Florida's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Florida, a felony is a crime punishable by death or by a sentence of more than 1 year in state prison. A misdemeanor is punishable by up to 1 year in a county jail.1
- Felony theft starts at
- $750How theft is graded
- When a DUI is a felony
- A third DUI conviction for an offense within 10 years of a prior conviction is a third-degree felony. A fourth or later conviction is a third-degree felony no matter how much time has passed. A third conviction more than 10 years after a prior one is punished by a fine of $2,000 to $5,000 and up to 12 months in jail.2
Felony degrees in Florida
From most to least serious: Capital, Life, First-degree, Second-degree, Third-degree. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Capital felony | Death or life in prison with no paroleDeath applies only if the sentencing proceeding under s. 921.141 results in a death determination. Different rules apply to people who were under 18 at the time. | None set | Fla. Stat. § 775.082(1)(a)5 |
| Life felony | Life, or a set number of years up to lifeThis is the rule for life felonies committed on or after July 1, 1995. Other terms apply to life felonies committed on other dates or for certain offenses. | Up to $15,000 | Fla. Stat. §§ 775.082(3)(a)3., 775.083(1)(a)5 |
| First-degree felony | Up to 30 yearsA statute can set a term of years up to life for a specific first-degree felony. | Up to $10,000 | Fla. Stat. §§ 775.082(3)(b)1., 775.083(1)(b)5 |
| Second-degree felony | Up to 15 years | Up to $10,000 | Fla. Stat. §§ 775.082(3)(d), 775.083(1)(b)5 |
| Third-degree felony | Up to 5 years | Up to $5,000 | Fla. Stat. §§ 775.082(3)(e), 775.083(1)(c)5 |
Misdemeanor classes in Florida
| Class | Jail | Fine | The law |
|---|---|---|---|
| First-degree misdemeanor | Up to 1 year | Up to $1,000 | Fla. Stat. §§ 775.082(4)(a), 775.083(1)(d)5 |
| Second-degree misdemeanor | Up to 60 days | Up to $500 | Fla. Stat. §§ 775.082(4)(b), 775.083(1)(e)5 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Noncriminal violation | Fine, forfeiture or other civil penalty only (fine up to $500)Not a crime, and a conviction does not create a legal disability based on a criminal offense. | Fla. Stat. § 775.08(3)1 |
Good to know
Fines for each class come from a separate statute, s. 775.083: up to $15,000 for a life felony, $10,000 for first- and second-degree felonies, $5,000 for third-degree felonies, $1,000 for first-degree misdemeanors, and $500 for second-degree misdemeanors and noncriminal violations.3
A misdemeanor is a crime punishable by no more than 1 year in a county facility. A sentence of more than 1 year means state prison, which is what makes an offense a felony.1
When theft is a felony in Florida
Theft of property valued at $750 or more is grand theft of the third degree, a third-degree felony. Higher values are graded up: second degree from $20,000 and first degree from $100,000. Theft of less than $750 is usually petit theft, a misdemeanor, but theft of $40 or more from a home or its unenclosed yard is a third-degree felony. Other special kinds of property are graded separately.4
Fla. Stat. § 812.014(2)(c)1., (2)(d) · Felony theft amounts in every state
DUI in Florida
Florida's statute is titled "Driving under the influence" (DUI).
- Repeat offenses
- A third DUI conviction for an offense within 10 years of a prior conviction is a third-degree felony. A fourth or later conviction is a third-degree felony no matter how much time has passed. A third conviction more than 10 years after a prior one is punished by a fine of $2,000 to $5,000 and up to 12 months in jail.
- Which past offenses count
- 10 years after a prior conviction for a third conviction to be a felony. For a fourth or later conviction, there is no time limit.
- Other felony versions
- DUI causing serious bodily injury is a third-degree felony. DUI manslaughter is a second-degree felony with a 4-year mandatory minimum prison term. It is a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or if the driver has a prior conviction for DUI manslaughter or certain other homicide offenses, such as vehicular homicide.
Fla. Stat. § 316.193(2)(b), (3)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Florida?
In Florida, a felony is a crime punishable by death or by a sentence of more than 1 year in state prison. A misdemeanor is punishable by up to 1 year in a county jail.
What is a capital felony in Florida?
In Florida, the prison range for a capital felony is death or life in prison with no parole. Death applies only if the sentencing proceeding under s. 921.141 results in a death determination. Different rules apply to people who were under 18 at the time.
What is a Life felony in Florida?
In Florida, the prison range for a Life felony is life, or a set number of years up to life, and the fine is up to $15,000. This is the rule for life felonies committed on or after July 1, 1995. Other terms apply to life felonies committed on other dates or for certain offenses.
What is a first-degree felony in Florida?
In Florida, the prison range for a first-degree felony is up to 30 years, and the fine is up to $10,000. A statute can set a term of years up to life for a specific first-degree felony.
What is a second-degree felony in Florida?
In Florida, the prison range for a second-degree felony is up to 15 years, and the fine is up to $10,000.
What is a third-degree felony in Florida?
In Florida, the prison range for a third-degree felony is up to 5 years, and the fine is up to $5,000.
What is a first-degree misdemeanor in Florida?
In Florida, the jail range for a first-degree misdemeanor is up to 1 year, and the fine is up to $1,000.
What is a second-degree misdemeanor in Florida?
In Florida, the jail range for a second-degree misdemeanor is up to 60 days, and the fine is up to $500.
How much theft is a felony in Florida?
Theft of property valued at $750 or more is grand theft of the third degree, a third-degree felony. Higher values are graded up: second degree from $20,000 and first degree from $100,000. Theft of less than $750 is usually petit theft, a misdemeanor, but theft of $40 or more from a home or its unenclosed yard is a third-degree felony. Other special kinds of property are graded separately.
Is a DUI a felony in Florida?
A third DUI conviction for an offense within 10 years of a prior conviction is a third-degree felony. A fourth or later conviction is a third-degree felony no matter how much time has passed. A third conviction more than 10 years after a prior one is punished by a fine of $2,000 to $5,000 and up to 12 months in jail. DUI causing serious bodily injury is a third-degree felony. DUI manslaughter is a second-degree felony with a 4-year mandatory minimum prison term. It is a first-degree felony if the driver knew or should have known of the crash and failed to give information and render aid, or if the driver has a prior conviction for DUI manslaughter or certain other homicide offenses, such as vehicular homicide.
These are the general ranges in Florida's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Florida" https://secondchanceindex.com/felony-classes/florida, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.