How a Florida Criminal Case Works
Florida grades crimes by degree (§ 775.082): felonies run third-degree (up to 5 years) up to capital and life, while misdemeanors are first-degree (up to 1 year) or second-degree (up to 60 days). County Court handles misdemeanors and Circuit Court handles felonies. You have the right to counsel and the presumption of innocence, and the 10-20-Life law (§ 775.087) sets firearm mandatory minimums — confirm current penalties.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice, and Florida’s penalties and fines are detailed and frequently amended — confirm the current numbers against the statute and talk to a Florida attorney.
A Florida criminal case is shaped by how the charge is classified and which court hears it.
How charges are graded
Florida grades crimes by the maximum penalty (§ 775.082):
- Capital and life felonies are the most serious.
- First-degree felony — up to 30 years.
- Second-degree felony — up to 15 years.
- Third-degree felony — up to 5 years.
- First-degree misdemeanor — up to 1 year.
- Second-degree misdemeanor — up to 60 days.
Maximum fines (§ 775.083) generally run from $500 (second-degree misdemeanor) up to $15,000 (life felony) — confirm current amounts.
Which court hears the case
- County Court handles misdemeanors.
- Circuit Court handles felonies.
Your rights
You have the right to a lawyer — appointed if you can’t afford one — and the presumption of innocence. The State must prove guilt beyond a reasonable doubt.
10-20-Life
Florida’s 10-20-Life law (§ 775.087) imposes mandatory minimums for using a firearm in certain enumerated felonies: 10 years for possessing a firearm, 20 years for discharging it, and 25 years to life if a discharge causes death or great bodily harm. These are minimums a judge generally cannot go below.
For an overview of charges and courts, see the Florida criminal defense hub. To get matched with a local Florida attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What's the difference between a felony and a misdemeanor in Florida?
- Florida grades crimes by degree (§ 775.082). Felonies range from third-degree (up to 5 years) and second-degree (up to 15) to first-degree (up to 30), plus life and capital felonies. Misdemeanors are first-degree (up to 1 year) or second-degree (up to 60 days). Confirm current penalties against the statute.
- Which court hears my Florida criminal case?
- County Court handles misdemeanors, and Circuit Court handles felonies. Where your case goes depends on how the charge is classified.
- What is Florida's 10-20-Life law?
- Under § 775.087, using a firearm in certain enumerated felonies carries mandatory minimums: 10 years for possessing a firearm, 20 years for discharging it, and 25 years to life if a discharge causes death or great bodily harm.
Sources
Related guides
- Florida Assault & Battery Charges In Florida, assault (§ 784.011) is an intentional threat plus apparent ability that creates a well-founded fear of imminent violence — no contact required — and is a second-degree misdemeanor. Battery (§ 784.03) is actually touching or striking someone against their will, a first-degree misdemeanor. Aggravated assault (§ 784.021) with a deadly weapon is a third-degree felony, and aggravated battery (§ 784.045) is a second-degree felony.
- Florida Drug Charges Florida's drug laws are in Chapter 893, which sorts controlled substances into Schedules I–V (§ 893.03). Possession is generally a third-degree felony (§ 893.13), but possessing 20 grams or less of cannabis is a first-degree misdemeanor — more than 20 grams is a third-degree felony. Trafficking (§ 893.135) is defined by weight and carries mandatory minimum prison terms, with no withholding of adjudication. Confirm current weights and penalties.
- Florida DUI Charges Florida DUI law (§ 316.193) makes it illegal to drive impaired or with a BAC of 0.08 or more. Penalties escalate: a third DUI within 10 years is a third-degree felony, and a fourth is a felony regardless of timing. Implied consent (§ 316.1932) means refusal suspends your license. Because § 316.656 bars withholding adjudication for DUI, a DUI is always a conviction — so it can never be sealed or expunged. Confirm current penalties.
- Florida Record Sealing & Expungement Florida lets you seal (§ 943.059) or expunge (§ 943.0585) certain court records. Core eligibility: no prior convictions, you can do it only once in a lifetime, and the case must have had adjudication withheld — a conviction can't be sealed or expunged, which is why all DUIs are excluded. A statutory list of disqualified offenses (§ 943.0584), such as murder, sexual battery, and drug trafficking, can never be sealed or expunged even with no priors.
- Florida Theft Charges Florida grades theft by the value of what was taken (§ 812.014). Under $100 is a second-degree misdemeanor; $100 to under $750 is petit theft, a first-degree misdemeanor; $750 to under $20,000 is grand theft in the third degree (a felony); and the grade climbs to first-degree grand theft at $100,000 and up. The $750 petit/grand line was raised from $300 effective Oct. 1, 2019. Confirm current dollar tiers.