Felony degrees and penalties in Florida
Florida sorts felonies by degree. A third-degree felony carries up to 5 years in prison and a $5,000 fine. A second-degree felony carries up to 15 years and $10,000. A first-degree felony carries up to 30 years and $10,000, and some first-degree felonies are punishable by life. Above those sit life felonies and capital felonies.
Use the ladder below to see the maximum prison time and fine for each level, from misdemeanors up through capital felonies.
The maximum is the ceiling, and few people receive it. What a judge can actually impose is set by the Criminal Punishment Code scoresheet, any minimum mandatory that applies, and the agreements your lawyer can reach with the State.
How the Florida felony scoresheet works
Every felony sentence in Florida starts with a Criminal Punishment Code scoresheet under section 921.0024. Points are assigned for the main offense and any additional charges. More points are added for victim injury and for your prior record. The total sets the lowest permissible sentence, the minimum the judge can impose without a legal reason to go lower.
If your total is 44 points or less, the lowest permissible sentence is a nonstate prison sanction, such as probation or county jail. Above 44, the minimum in months of prison is the total minus 28, multiplied by 0.75. A score of 60 points, for example, works out to 24 months. Any state prison sentence has to be longer than a year.
Scoresheets are often wrong. Prior offenses get scored at the wrong level, out-of-state records get counted when they shouldn't, and victim injury points get added without proof. We check every line, because a few points can decide between probation and prison.
Minimum mandatory sentences in Florida
Some charges carry a minimum mandatory prison term that overrides the scoresheet. Drug trafficking under section 893.135 starts at 3 years and goes up with weight; our drug crime defense page lists the thresholds. Under the 10-20-Life law in section 775.087, actually possessing a firearm during certain felonies such as robbery, burglary or aggravated battery brings a 10-year minimum. Firing it brings 20 years, and causing death or great bodily harm brings 25 years to life.
A judge can't go below a minimum mandatory. The prosecutor can, by filing or amending the charge to one without the minimum. That makes the State Attorney's charging decision the most important point in many of these cases.
Withhold of adjudication vs. a felony conviction
When you plead to or are found guilty of a felony, the judge can adjudicate you guilty or withhold adjudication. With a withhold you serve probation but are not a convicted felon under Florida law. With an adjudication, you are.
A felony adjudication takes away your right to own or possess a firearm under section 790.23. Under Amendment 4 and the 2019 law that put it into effect, your right to vote returns only after every part of the sentence is complete. That includes probation and any fines or restitution the court ordered. People convicted of murder or a felony sex offense need clemency to vote again. Serving on a jury or holding public office also requires clemency. An adjudicated felony can never be sealed.
Section 775.08435 limits withholds. They are not allowed for first-degree, life or capital felonies. For a second-degree felony, the State has to request it in writing or the judge has to find a legal reason to depart. A prior felony withhold makes another one harder to get.
Downward departures and alternatives to prison
A judge can sentence below the scoresheet minimum when a mitigating circumstance from section 921.0026 applies. The list includes a plea bargain the State agrees to, a defendant who was a minor participant, a need to pay restitution that outweighs a prison sentence, and an offense committed in an unsophisticated way as an isolated incident for which the defendant has shown remorse. A defendant who needs treatment for a mental disorder unrelated to substance abuse may also qualify. Departures take preparation. We gather treatment records and letters from people who know you, and we start on that file early.
For many first offenders charged with a third-degree felony, Pre-Trial Intervention under section 948.08 can end in a dismissal with no plea at all. It requires the consent of the State Attorney and the judge, plus the victim's consent when there is one. People charged with nonviolent felonies who have a substance abuse problem may qualify for Pinellas County Adult Drug Court, which also ends in dismissal on completion. Mental Health Court and Veterans Treatment Court are other options for people who qualify.
How the State Attorney decides what to file
The charge on your arrest paperwork is the officer's charge. After the arrest, a prosecutor in the Office of the State Attorney for the Sixth Judicial Circuit reads the reports and decides what to formally file. The State can file the same charge, a lesser one, a more serious one, or nothing at all.
That review is a good time to get involved. Doug Greenberg worked as a state prosecutor before he started defending people, and he knows what an assistant state attorney weighs at the filing stage. Sending the prosecutor information they don't have yet, such as a witness statement, a receipt, or proof of your work and family ties, can lead to a reduced charge or a decision not to file. If you've been arrested or think a warrant is coming, call us before the filing decision is made.
Felony defense questions we hear most often
Will I go to prison for a third-degree felony in Florida?
Not necessarily. If your scoresheet totals 44 points or less, the lowest permissible sentence is a nonstate prison sanction such as probation. Many first-time third-degree felony cases in Pinellas County end in probation, PTI or drug court.
What does withhold of adjudication mean in Florida?
It means the judge does not formally convict you, even though you pleaded or were found guilty. You complete probation, and you are not a convicted felon. You keep your civil rights, and you may be able to seal the record later.
Can a felony be reduced to a misdemeanor in Florida?
Yes, the State Attorney's Office can file or amend the charge to a misdemeanor. That happens in cases where the evidence has problems or the value or injury involved is lower than first reported. A judge can't reduce the charge, so the reduction has to be negotiated with the prosecutor.
Can you vote in Florida with a felony conviction?
Usually, once you finish every part of the sentence. That includes probation and any fines, fees or restitution the court ordered. People convicted of murder or a felony sex offense need clemency to vote again. A withhold of adjudication is not treated as a conviction, so it doesn't take away your right to vote.
What is the lowest permissible sentence in Florida?
It's the minimum sentence the judge can impose under the Criminal Punishment Code without a legal reason to depart. For scores above 44 points, it equals the total points minus 28, multiplied by 0.75, in months. At 44 points or less, it is a nonstate prison sanction.