When facing criminal charges, understanding the difference between felony and misdemeanor crimes is crucial. If you or someone you know has been charged with a misdemeanor in the state of Florida, you may be wondering: What is a misdemeanor in Florida? This blog post will explore the definition, classifications, potential penalties, and long-term consequences of misdemeanor offenses under Florida law.

Understanding Misdemeanors Under Florida Law

A misdemeanor is a less serious criminal offense than a felony charge. Unlike felony offenses, which often result in prison sentences, misdemeanor cases typically carry lighter penalties, such as community service, probation, or a jail term in a county jail rather than a state prison or federal prison. However, a misdemeanor conviction can still have significant consequences on a person’s life, including a permanent criminal record.

Florida law divides misdemeanors into two categories: first-degree misdemeanors and second-degree misdemeanors. Each type of misdemeanor carries different potential penalties, depending on the severity of the crime.

First-Degree Misdemeanors in Florida

First-degree misdemeanors are the most serious type of misdemeanor crimes under Florida law. A conviction can result in up to one year in county jail, a fine of up to $1,000, probation, and other additional penalties.

Examples of First-Degree Misdemeanors:

• Petit theft (theft of property valued under $750)
• Simple assault
• Possession of marijuana (under 20 grams)
• Domestic violence (in some cases)
• Disorderly conduct (in some cases)
• Driving with a suspended license (if it’s not a habitual offense)

Second-Degree Misdemeanors in Florida

Second-degree misdemeanors are less serious offenses but can still carry up to 60 days in county jail and a fine of up to $500. The penalties may also include community service, probation, and mandatory classes such as anger management or a diversion program.

Examples of Second-Degree Misdemeanors:

• Driving with a suspended license (first offense)
• Disorderly conduct
• Petit theft (first offense if the value is under $100)
• Simple trespassing

Although second-degree misdemeanors carry lighter penalties than first-degree misdemeanors, multiple convictions or violations can result in harsher penalties, particularly for a habitual misdemeanor offender.

How Misdemeanors Differ from Felony Cases

Felony convictions are associated with more serious offenses and can carry significant penalties, including longer jail time in a state prison or federal prison. The criminal justice system in Florida treats felony crimes with greater severity due to their potential impact on society.

Key Differences Between Misdemeanors and Felonies:

Factor	Misdemeanor	Felony
Jail Time	Up to 1 year in county jail	Over 1 year in state or federal prison
Criminal Record	Less serious, but still permanent	Permanent record with severe penalties
Court	County court	Circuit court
Examples	Petit theft, disorderly conduct	Grand theft, life imprisonment
Severity	Less serious criminal offense	More serious crimes with significant consequences

Potential Consequences of a Misdemeanor Conviction

Although misdemeanors carry lighter penalties than felonies, they may still have a potential impact on a person’s life. Consequences of a misdemeanor conviction may include:

• Jail term or probation
• Fines and additional consequences
• Mandatory classes such as anger management
• Background checks that reveal the conviction
• Difficulty finding employment or housing
• Suspended license for driving-related offenses
• Ineligibility for certain professional licenses

Additionally, certain misdemeanors, such as domestic violence or possession of marijuana, can have more severe penalties if they are repeated offenses or if the defendant is considered a habitual misdemeanor offender.

Defending Against a Misdemeanor Charge

If you have been charged with a misdemeanor, seeking legal advice from an experienced criminal defense attorney is crucial to achieving the best possible outcome. A skilled lawyer may help reduce or dismiss the charges by:

• Challenging the evidence
• Negotiating a plea deal
• Filing motions to suppress unlawfully obtained evidence
• Arguing for a diversion program or probation instead of jail time
• Ensuring that the alleged offender’s rights are protected

Can a Misdemeanor Be Expunged?

In some cases, misdemeanor convictions may be eligible for expungement under Florida law, meaning they are removed from public records. This can be a good option for first-time offenders who wish to clear their permanent criminal record and move forward with their lives.

Seeking Legal Help for a Misdemeanor Charge

If you or a loved one is facing misdemeanor charges, it’s essential to consult an experienced attorney who understands Florida’s criminal laws and can provide legal guidance. A criminal defense lawyer with years of experience in misdemeanor cases can help you navigate the legal process, minimize potential penalties, and hopefully secure the best possible outcome for your case.

The Law Office of Colleen Glenn, P.A. Can Help!

Misdemeanors in Florida may be considered less serious criminal offenses compared to felonies, but they still carry significant consequences. Understanding the types of misdemeanors, potential penalties, and legal options is crucial when facing criminal charges. If you are dealing with a misdemeanor conviction or are concerned about the potential impact on your future, seeking help from a knowledgeable lawyer is the best course of action.

At the Law Office of Colleen Glenn, P.A., we have decades of experience supporting residents of Bradenton, Florida, as they navigate the criminal justice system. You don’t have to navigate your situation alone. Contact us today to schedule a free consultation.