Florida felony degrees at a glance
Florida recognizes five felony classifications: third degree, second degree, first degree, life, and capital. The three degree-based categories have the following ordinary maximum penalties. Florida Statutes § 775.081.
| Felony degree | Ordinary maximum imprisonment | Ordinary maximum fine |
|---|---|---|
| Third degree | 5 years | $5,000 |
| Second degree | 15 years | $10,000 |
| First degree | 30 years; some offenses permit life imprisonment | $10,000 |
These are general statutory limits, not a prediction of a sentence. Enhancements, reclassification, offense-specific laws, or the Criminal Punishment Code can change the exposure. Higher fines may be authorized, and restitution, costs, and other obligations are separate. Sources: § 775.082, § 775.083, and § 921.0024.
Life felonies and capital felonies
These are separate classifications. A life felony may permit life imprisonment or a term of years, depending on the governing law. Capital felonies have separate sentencing rules. The offense, date, and the person’s age at the time can matter. A life sentence and the classification “life felony” are not interchangeable. § 775.081; § 775.082.
What happens with a first felony offense in Florida?
A first offense does not guarantee probation or dismissal. Probation may be available in an eligible case, but the court must consider the applicable law and circumstances. An absence of prior convictions is relevant; it does not decide the outcome by itself. § 948.01.
Could Pretrial Intervention (PTI) be an option?
In some eligible first-offense cases, the State Attorney’s Office may offer Pretrial Intervention (PTI), a diversion program with supervision and conditions that must be completed. Successful completion can lead to dismissal of the charges; acceptance and requirements depend on the local program and the individual case. Sources: Sixth Circuit State Attorney and Thirteenth Circuit State Attorney.
Read about the program where the case is pending:
- PTI in Pinellas and Pasco Counties — Sixth Judicial Circuit.
- PTI in Hillsborough County — Thirteenth Judicial Circuit.
What to bring to an initial consultation
For an initial consultation, useful information includes:
- The exact charge and statute listed on the paperwork.
- The date of the alleged offense and the next court date.
- Any available charging document or proposed sentencing scoresheet.
- Prior case information, including whether the person is on supervision.
- Any plea offer or notice of an enhanced penalty.
Bring the documents you already have. Tell the firm about an approaching court date when requesting a consultation, and wait for instructions before sending confidential records.
Is there a minimum sentence for a second-degree felony?
There is no single minimum prison term determined solely by the label “second-degree felony.” The ordinary 15-year figure is a maximum, not a required sentence. The specific offense may carry a mandatory minimum, and the sentencing scoresheet may establish a lowest permissible sentence. § 775.082; § 921.0024.
Three terms to keep separate
- Statutory maximum: the ordinary upper limit set by the governing penalty law, subject to applicable exceptions.
- Mandatory minimum: a minimum punishment required by an applicable statute. Its requirements must be checked for the actual offense and circumstances.
- Lowest permissible sentence: the sentencing floor calculated under the Criminal Punishment Code. A lower sentence requires a legally sufficient basis for departure. § 921.0026.
How many sentencing points is a second-degree felony?
There is no single points value for every second-degree felony. Florida’s offense-severity chart uses ten levels. The statute and subsection of the offense determine the applicable ranking; the felony degree alone does not supply it. § 921.0022.
The scoresheet also accounts for additional offenses, prior record, victim injury, and other applicable factors. Under the general calculation, 44 points or fewer permits a nonstate-prison sanction as the lowest permissible sentence, while more than 44 points produces a prison-month calculation. A low score does not itself guarantee probation or override a mandatory minimum. § 921.0024.
Why the exact charge matters
An offense’s familiar name can hide distinctions in the statute. For example, aggravated assault under section 784.021—including its deadly-weapon form—has a third-degree baseline classification. A separate reclassification provision may change that classification in a qualifying case. The weapon allegation alone does not make every aggravated assault a second-degree felony. § 784.021.
Reviewing the actual statutory subsection is more useful than assigning a penalty from a general list of crime names.
Questions to discuss with a defense lawyer
- What must the prosecution prove for each charge?
- Does the charging document identify the correct offense and degree?
- Are the scoresheet entries supported and correctly calculated?
- Does a mandatory minimum or enhanced penalty actually apply?
- What defenses, evidentiary issues, or lawful sentencing options should be evaluated?
For information about representation, visit our Tampa felony-defense page. If the concern involves an alleged breach of an existing probation order, see our probation-violation guide.
Talk with Sanchez Vaughn, Trial Lawyers
Nicole N. Sanchez and Tyler K. Vaughn represent clients in criminal matters in Tampa and across Tampa Bay. Their biographies explain their backgrounds and experience.
Request a consultation to discuss the charge, court dates, and available documents. An initial inquiry does not create an attorney-client relationship.
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This article provides general information about Florida law, not advice about a particular case. The law applicable to a case may depend on the offense date and other facts.