What is a Felony? Felony Charges in Florida Explained

What is a Felony? Felony Charges in Florida Explained

Felonies are serious criminal offenses that carry more severe penalties than misdemeanors. In Florida, felonies are classified into several categories based on their severity:

Capital Felonies

Capital felonies are the most serious crimes like first degree murder or treason. They are punishable by life in prison without parole or the death penalty. Florida has hundreds of inmates on death row.

Life Felonies

Life felonies are severe crimes like armed kidnapping, trafficking large amounts of illegal drugs, or sexual battery of a child under 12. They carry mandatory life sentences with no chance of parole for at least 25 years.

First Degree Felonies

First degree felonies are serious violent or drug crimes. Examples are armed robbery, burglary of an occupied dwelling, aggravated assault with a deadly weapon, and trafficking medium amounts of drugs. They are punishable by up to 30 years in prison and fines up to $10,000.

Second Degree Felonies

Second degree felonies include crimes like unarmed robbery, grand theft, battery on a law enforcement officer, and possession of large amounts of illegal drugs. They carry up to 15 years in prison and fines up to $10,000.

Third Degree Felonies

Third degree felonies are less severe but still serious crimes. Examples are battery, grand theft of a motor vehicle, possession of illegal drugs, and driving under the influence (3rd offense). They are punishable by up to 5 years in prison and fines up to $5,000.

In addition to incarceration, felony convictions result in losing civil rights like voting and serving on a jury. Felons often face barriers to jobs, housing, education, and government benefits. Felony convictions stay on a person’s criminal record for life.

Common Felony Charges in Florida

Here are some of the most common felony offenses charged in Florida:

• Drug possession – Possessing large amounts of illegal drugs like cocaine, heroin, methamphetamine, MDMA, prescription opioids, etc. Drug trafficking charges are more serious felonies.
• Grand theft – Stealing property worth $750-$100,000. Petit theft under $750 is a misdemeanor.
• Burglary – Illegally entering a dwelling, structure, or conveyance to commit a crime inside. Armed burglary is more serious.
• Robbery – Taking money or property by force, violence, assault, or threatening to use force. Armed robbery is a first degree felony.
• Aggravated assault/battery – Assault or battery that causes great bodily harm, disability, or permanent disfigurement.
• DUI – 3rd DUI offense within 10 years is a third degree felony with up to 5 years in prison.
• Sex crimes – Sexual battery, lewd conduct, soliciting minors, child pornography possession.
• Weapons charges – Possession of firearms by convicted felons, displaying or discharging firearms, armed trafficking, etc.
• White collar crimes – Fraud, embezzlement, identity theft, racketeering, money laundering, etc.
• Violent crimes – Murder, manslaughter, kidnapping, carjacking, home invasion robbery, etc.

Felony Classification & Sentencing Guidelines in Florida

Felony crimes in Florida are classified based on severity, with capital and life felonies being the most serious. Sentencing guidelines take into account the felony degree, additional offense factors, and prior criminal history to determine the minimum sentence that must be imposed.

Judges have some discretion to impose sentences below the minimum if mitigating factors exist. But in general, Florida’s sentencing guidelines result in stiff mandatory minimum sentences for many felony convictions.

Prosecutors can also file for “enhancements” that increase penalties based on certain circumstances of the crime, such as offenses committed in a school zone, crimes linked to gang activity, hate crimes, domestic violence, and using firearms.

Capital & Life Felonies

Capital felonies receive either the death penalty or life in prison without parole. Life felonies carry mandatory life sentences with no chance of parole for at least 25 years.

First, Second & Third Degree Felonies

First degree felonies carry up to 30 years in prison. Second degree felonies carry up to 15 years. Third degree felonies carry up to 5 years. Fines up to $10,000 can also be imposed.

Under Florida’s Criminal Punishment Code, defendants convicted of first and second degree felonies face mandatory minimum sentences determined by a points system. The more points, the longer the mandatory minimum sentence that must be imposed. Points are based on the felony degree, additional offense factors, and prior record.

Third degree felonies do not have mandatory minimum sentences unless certain enhancement factors are present. But the judge can still impose up to the 5 year maximum penalty.

Felony Enhancements

Several enhancements can add additional penalties or mandatory minimum sentences if certain factors are involved in the felony offense:

• 10-20-Life – Brandishing firearm (10 yr min), firing firearm (20 yr min), shooting someone (25 to life)
• Drug Trafficking – Increased mandatory minimums based on quantity
• School Zone – Adds 3 years minimum for drug offenses near a school
• Gang Offenses – Harsher penalties for gang-related crimes
• Domestic Violence – Adds penalties for battery on a spouse or family member
• Hate Crimes – Increases penalties for offenses targeting race, religion, sexual orientation, etc.
• Habitual Offenders – Longer sentences for repeat felony offenders

Arrest & Felony Charges in Florida

In Florida, police can arrest someone for a felony crime if they have probable cause to believe the person committed the offense. The arrest starts the criminal process, but does not mean the person will be convicted.

After arrest, police take suspects to jail for booking. They are fingerprinted, photographed, and background checks are run. Police then present information about the alleged crime to prosecutors who decide what criminal charges to file.

Within 24 hours of arrest, suspects appear before a judge who informs them of the charges and sets bond. Defendants can pay the bond for release until trial. Bond may be denied for very serious crimes.

Police investigate felony crimes and gather evidence to support criminal charges. Prosecutors present this evidence to a grand jury, which may issue an indictment charging the defendant with specific felonies.

Defendants have the right to an attorney and to mount a legal defense against felony charges. With an experienced criminal defense lawyer, many defendants can get charges reduced or dismissed pre-trial.

If charges are not resolved pre-trial through plea deals or diversion programs, felony cases go to trial. Defendants are presumed innocent until proven guilty. Prosecutors must prove every element of the charged felonies beyond a reasonable doubt.

Felony Convictions & Consequences

Felony convictions have severe consequences beyond jail or prison time including:

• Losing civil rights – Voting, serving on a jury, holding public office
• Barriers to employment – Most employers conduct background checks
• Loss of professional licenses – Doctors, nurses, contractors, etc.
• Ineligibility for government benefits – Public housing, food stamps, student loans
• Immigration issues – Deportation, denial of citizenship
• Loss of gun ownership rights – All felons are banned from possessing firearms
• Social stigma – Difficulty finding housing, discrimination

Felony convictions stay on a person’s criminal record permanently. While records can be sealed or expunged in some cases, the felony still must be disclosed on many applications and background checks.

Avoiding Felony Convictions

Those facing potential felony charges should hire an experienced criminal defense attorney as early as possible. An attorney can often negotiate with prosecutors to get charges reduced or dismissed pre-trial.

Common pre-trial strategies include:

• Challenging improper police procedures that violated rights
• Contesting illegal searches that obtained evidence
• Discrediting witnesses or poking holes in the prosecution’s case
• Uncovering mitigating factors that show actions were justified
• Leveraging defendant’s lack of criminal history
• Negotiating plea deals to lesser misdemeanors to avoid felony convictions
• Seeking deferred prosecution or diversion programs as an alternative to felony convictions

In many cases, skilled criminal defense lawyers can negotiate satisfactory resolutions that avoid the devastating consequences of felony convictions in Florida.

Restoring Felon Rights in Florida

Some felony convicts can eventually restore their civil rights and gun ownership rights in Florida after completing all sentencing terms. The clemency process involves an application and hearing.

Those convicted of more serious violent felonies or multiple felonies may be denied. Sex offenders have additional restrictions. The restoration process can take many years after all sentencing is complete.

Consult an attorney to determine eligibility and begin the clemency process for restoring rights lost due to a prior Florida felony conviction.

[1] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0775%2FSections%2F0775.15.html

[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0775%2FSections%2F0775.083.html

[3] https://www.hornsby.com/crimes/battery/felony-battery.html

[4] https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-775-13.html

[5] https://macklawpa.com/criminal-defense/felony-score-sheet/