Types of Felonies and Penalties by Degree in Florida (2025)

Felony charges can be broad, including many types of crimes. For those facing charges, the types of felonies and penalties by degree in Florida may be difficult to understand. However, you are not expected to understand them all on your own. An experienced felony attorney can help you through each step of this process, explaining each detail along the way.

Defining a Felony

In the state of Florida, a felony is defined as a serious crime that may be punishable by death or life in prison in the most serious cases. There are four distinct classifications of felonies, including third degree, second degree, first degree, and capital/life felony. The severity of your crime, as well as your criminal history, play important roles in determining which class of felony your charges will be classified as.

Third-Degree Felonies

A third-degree felony is the least serious category, but it can still result in serious penalties. Certain serious crimes that did not cause significant harm to another individual may be classified as third-degree felonies. Some examples include grand theft auto, possession of smaller amounts of certain controlled substances, resisting an officer, and others. Penalties for third-degree felonies can include up to five years in prison and fines of up to $5,000.

Second-Degree Felonies

Second-degree felonies are more serious than third-degree, but they also do not often cause death or life-threatening harm to other individuals. However, in some cases, accidental death (manslaughter) may be classified as a second-degree felony, such as in the case of DUI manslaughter. Also included may be charges of aggravated battery, burglary, and some drug trafficking charges.

Penalties can result in up to 15 years in prison, additional years of probation, and up to $10,000 in fines. However, penalties for second-degree felony charges may be reduced with the help of a lawyer.

First-Degree Felonies

These charges are reserved for serious cases involving the endangerment of others’ lives or serious damage to property. Some common examples include drug trafficking, robbery with a deadly weapon, assault with a deadly weapon, human trafficking, and more. Penalties can be up to 30 years in prison and fines of up to $10,000.

Capital/Life Felonies

Capital felonies are extreme crimes that result in capital punishment, while life felonies are extreme crimes that result in a life sentence of imprisonment, oftentimes without parole. Examples of such crimes include murder, capital sexual battery, and others. These crimes almost always involve the murder or severe harm of another individual.

If sentenced to a life-long term of imprisonment in Tampa, Florida, you will most likely serve your time at a prison operated by the Florida Department of Corrections. There are 134 facilities throughout the state, any of which you may be sent to.

Why Choose Us?

At Jeff Marshall Law, we bring unique experience and education to the table. Recognized by various local judges and attorneys in the Tampa area, we have a reputation for presenting strong defense cases on behalf of our clients. Regardless of the severity of your situation, we can use our combination of experience in handling felony cases, investigative journalism, and even philosophy to fight for you.

FAQs

What Are the Degrees of Felonies in Florida?

There are four degrees of felonies recognized in the state of Florida. Third-degree felonies are the least severe yet can still result in an extended prison sentence. Second-degree felonies are slightly more serious and can result in up to 15 years in prison. First-degree felonies are often cases of serious crimes that can result in lifelong punishments. Capital felonies are reserved for extremely significant cases, resulting in life imprisonment or the death penalty.

What Constitutes a Felony in Florida?

Many types of crimes and charges can constitute either a misdemeanor or a felony, depending on the severity and nature of the crime committed. Generally, felonies result in punishments involving an extended amount of time in prison and even capital punishment. Crimes that are classified as felonies are often heinous in nature and may involve serious injury or death to another person. Crimes against the government are also considered felonies.

Do Felony Charges Remain on Your Record?

Aside from having your record expunged or sealed, a felony will remain on your record indefinitely in the state of Florida. However, it should be noted that a felony conviction is extremely difficult to expunge or seal, according to Florida law. One of the only ways to have your record sealed or expunged is in the event that the ruling in your case is overturned. Otherwise, your record is available to the general public.

Will I Go to Prison for a Felony Charge in Florida?

If you are convicted of a felony charge in Florida, you may be required to spend a set amount of time in prison. The length of time each individual serves is determined based on an array of factors, including their past criminal record and the severity of their most recent crime. The degree of felony you are charged with will also play an important role in determining the specific consequences you will face.

Hire a Felony Lawyer: Jeff Marshall Law

If you are facing felony charges, there is no time to waste in securing legal representation. There are many things to do before your case gets to the courtroom, all of which are extremely important and time-sensitive. While you may not be required to seek the assistance of a defense attorney, doing so could change the outcome of your case for the better. With an experienced lawyer on your side, you may have a chance of beating the charges against you.

At Jeff Marshall Law, we have helped many clients similar to you fight felony charges. We understand the complexities of felony charges and relevant laws, which allows us to search for the right evidence and build a strong case in your favor. Contact us today to learn more about how we can help and to ask any questions you may have.

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