Understanding Florida Criminal Punishment

By: Attorney Daveta Williams

If you have ever wondered about the maximum punishments for a criminal charge or what conditions can be imposed if you elect a traffic hearing, this article offers guidance. Florida statutes provide for criminal maximums and traffic infraction fines.

Traffic Infractions

If you have received a traffic infraction ("ticket"), the statutory fine will be indicated on the ticket issued to you. If you elect a traffic hearing, the fine amount on the ticket will not need to be paid immediately. At the hearing, your ticket may be dismissed, or the fine amount may be imposed without points being added to your license. The hearing officer will review your driving record and may require you to attend a driving course. The judge can also increase the ticket amount to an amount not exceeding $500.

Criminal Maximums

If you are charged with a criminal case, the maximum punishment depends on the level of the offense. The maximum punishments based on the level of offense are as follows:

• Misdemeanor (Second Degree): Up to 6 months in county jail, 6 months of probation, and/or a $500 fine.

• Misdemeanor (First Degree): Up to 1 year in county jail, 12 months of probation, and/or a $1,000 fine.

• Felony (Third Degree): Up to 5 years in prison, 5 years of probation, and/or a $5,000 fine.

• Felony (Second Degree): Up to 15 years in prison, 15 years of probation, and/or a $10,000 fine.

• Felony (First Degree): Up to 30 years in prison, 30 years of probation, and/or a $10,000 fine.

The Felony Scoresheet

Felony cases are also controlled by Scoresheets. A felony scoresheet considers a number of factors and a point system, which is calculated by an established formula. The scoresheet takes into consideration the severity level of the current charges, prior record, and aggravators such as victim injury, legal status, and use of a firearm, to name a few. If you score more than a total of 44 points, you will begin to score prison time.

Mandatory Minimums and Fines

Some felony offenses require a mandatory minimum prison sentence and mandatory fines, such as drug and weapon charges. This means that if you are convicted of an offense that requires a mandatory minimum sentence, the minimum sentence and fine will be imposed. Likewise, some misdemeanor offenses have established mandatory minimum conditions, such as the offense of driving under the influence (“DUI").

Mandatory Courses and Driver’s License Suspensions

In addition to mandatory sentences and fines, some offenses have mandatory course requirements and driver’s license suspensions, such as battery domestic violence and drug possession cases. If convicted of Battery Domestic Violence, you will be required to participate in the Batter’s Intervention Program. If you are convicted of drug possession cases, such as possession of marijuana or possession of a controlled substance, your driver’s license will be suspended for a range of 6 months to 1 year.

This article is intended as a general guide and is not an all-inclusive list. Each case involves unique facts, mitigators, and defenses. If you wish to discuss your case specifically and the options available to you, please contact our office today for a free consultation at 407-906-7423.