Business Law 101 / Misdemeanors and Felonies

By Albert L. Kelley

Last week I discussed separating crimes by the intent of the wrongdoer (strict liability, general intent, and specific intent). The more common way of dividing crimes however is based on the punishment. Most of us are aware that crimes are divided into misdemeanors and felonies. We understand that misdemeanors are less serious crimes and felonies are more serious. But many don’t realize that the difference between misdemeanors and felonies is not the crime, but the punishment.

There are two components in the division of misdemeanors and felonies: time and location. A misdemeanor is defined in Florida as any crime where the maximum punishment is no more than one year in the county jail. Conversely, a felony is defined in Florida as any crime where the minimum punishment is a year or more in the state prison system or a sentence of death. What confuses some is that alleged felons awaiting trial are housed in the county jail system. This is done presentencing. Before the wrongdoer has been convicted they cannot be sent to the prison system. After conviction there is a period of time before sentencing where the felon is housed in the county jail, and even after sentencing until they can be transported to the state prison system. While the time of the county jail is considered part of the overall sentence, this does not affect the status of the crime.

Within the categories of misdemeanors and felonies are some classes we refer to as degrees. For misdemeanors that are 2 degrees, referred to as a first-degree misdemeanor and second-degree misdemeanor. For felonies there are 5 degrees, referred to as third-degree felony second-degree felony first-degree felony, a life felony and a capital felony. In the case of numbered offenses, the lower the number, the harsher the penalty. In other words, the lowest level crime is a second-degree misdemeanor; the highest level crime is a first degree felony (life felonies and capital felonies are above first-degree). These degrees are also based on the system of punishment. A second-degree misdemeanor is punishable by no more than 60 days in the county jail and/or a fine of not more than $500. A first-degree misdemeanor is punishable by no more than one year in the county jail and/or a fine of not more than $1000. A third-degree felony is punishable by no more than five years in the state prison system and/or a fine of not more than $5000. A second-degree felony is punishable by no more than fifteen years in the state prison system and/or a fine of not more than $10,000. A first-degree felony is punishable by no more than thirty years in the state prison system and/or a fine of not more than $10,000. A life felony is punishable by a term of life in prison (but no more than 40 years) and/or a fine of not more than $15,000. Finally, a capital felony is punishable by execution.

While the above seems black-and-white, because of changes in legislation, the actual terms may be different based on when the offenses were committed. As an example, for crimes committed before October 1, 1983 a life sentence can be no more than 30 years. However the same crime committed between October 1, 1983 and July 1, 1995 can be no more than 40 years. After July 1, 1995, a life felony is sentence by a term of life in prison.

Finally, individuals can be convicted of noncriminal violations. These include administrative offenses and traffic offenses. Noncriminal violations are to be punished only by fines, forfeitures, or other civil remedies. They cannot be punished by incarceration.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]