Florida Criminal Penalties: Maximum Sentences by Offense Level

Florida classifies most crimes into degrees, and each degree carries a The maximum is a ceiling, not a prediction. — the most a judge can impose for that offense unless a specific law provides otherwise. The actual sentence in a felony case is usually driven by the Felony Scoresheet, and many cases end far below the maximum. This chart is a starting point, not a prediction.

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Florida classifies most crimes into degrees, and each degree carries a statutory maximum — the most a judge can impose for that offense unless a specific law provides otherwise. The actual sentence in a felony case is usually driven by the Felony Scoresheet, and many cases end far below the maximum. This chart is a starting point, not a prediction.

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• Second-degree misdemeanor: up to 60 days in jail and a $500 fine

• First-degree misdemeanor: up to 1 year in jail and a $1,000 fine

• Third-degree felony: up to 5 years in prison and a $5,000 fine

• Second-degree felony: up to 15 years in prison and a $10,000 fine

• First-degree felony: up to 30 years in prison (life only where a specific statute authorizes it) and a $10,000 fine

• Life felony: up to life imprisonment (or as the statute provides) and a $15,000 fine

• Capital felony: death or life imprisonment without parole

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Sources: §§ 775.082 and 775.083, Florida Statutes.

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What Can Change the Numbers

The maximums above can move up or down in specific situations, and each depends on the exact charge and facts:

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• Mandatory minimums in certain drug, firearm, DUI, and sex-offense cases

• Firearm minimums under § 775.087, which apply only to listed offenses and require specific findings

• Habitual and repeat-offender enhancements — see Habitual Offender & PRR

• Reclassification, such as offenses committed with a weapon or certain prior domestic violence convictions

• Downward departures below the scoresheet minimum — see Felony Scoresheets & Departures

• Withholds of adjudication that avoid a conviction — see Withhold of Adjudication

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Collateral consequences — license suspensions, registration requirements, immigration effects, and firearm rights — depend on the specific offense and are covered on each charge's page.

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Because every case turns on its own charge, record, and facts, call or text 407-846-8008 for a free, confidential review with former prosecutor Chad Seibel.

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Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.