Those who read or watch news reports often hear of people being charged either with a felony or a misdemeanor. But is there a difference between these charges?
Misdemeanors
According to Florida law, a misdemeanor is any criminal offense subject to a sentence in a county correctional center for no more than 12 months. Contrary to popular belief, misdemeanors don’t include convictions for routine or noncriminal traffic violations. County courts have jurisdiction in all misdemeanor cases.
Misdemeanors cases are less severe than felonies, and are categorized by first and second degrees. First degree carries county jail sentences up to one year, while second degree convictions attract up to 60 days. However, for both first and second degrees, the court can enforce a probationary sentence for a similar maximum period. Alternatively, the sentence for both degrees can include a combination of probation and jail time, or maximum jail time, if the convict reneges on their probation.
Some misdemeanors can be advanced to felony charges, depending on the prosecution’s findings.
Felonies
A felony constitutes a much more serious crime, which according to Florida law, calls for a state prison sentence for over a year, and in some case, life imprisonment and the death penalty. Circuit courts have jurisdiction over felony cases. There are five categories of felonies created by the Florida Legislature with specific sentences:
Capital Felony: A defendant convicted of a capital felony must be punished by death if the proceeding held to determine sentence determine so. The alternative is for the convict to be punished by life imprisonment, without eligibility for parole.
Life Felony: A defendant who has been convicted of a life felony may be sentenced to life in prison or for from 25 to 40 years. People convicted after September 1, 2005 were subject to a life imprisonment, or a split sentence not less than 25 years’ imprisonment, followed by probation for the remainder of the person’s natural life.
First Degree Felony: Someone convicted of a felony of the first degree may be punished prison term not exceeding 30 years, or by imprisonment for a term of years not exceeding life imprisonment.
Second Degree Felony: This felony can result in a prison sentence not exceeding 15 years.
Third Degree Felony: This can result in a prison sentence not exceeding 5 years.
