A “Felony” is an offense which is punishable by a year or more in State prison. There are many different felony offenses, as well as many different levels of felonies, and each of them may be punished differently. The lowest degree (or least severe) felony in the State of Florida is a third degree felony. Third degree felonies are punishable by a statutory maximum of up to five (5) years in State prison (Florida Statute 775.082(3)(d)). Examples of third degree felonies include Simple Possession of Cocaine (Florida Statute 893.13(6)(a) and Grand Theft between $300 and $20,000.00 (Florida Statute 812.014(2)(c)). The next degree of Felony in the State of Florida is a second degree felony. Second degree felonies are punishable by a statutory maximum of up to fifteen (15) years in State prison (Florida Statute 775.082(3)(c)). Examples of second degree felonies are Possession of Cocaine Within 1,000 feet of a Physical Place of Worship (Florida Statute 893.13(1)(e)(1) or Unarmed Robbery (Florida Statute 812.13(2)(c)). The next degree of Felony in the State of Florida is a first degree felony. First degree felonies are punishable by a statutory maximum of up to thirty (30) years in State prison (Florida Statute 775.082(3)(b)). Examples of first degree felonies are Trafficking in Cocaine 28 grams to 150 kilograms (Florida Statute 893.135(1)(b)(1)) or Armed Robbery with a Weapon (Florida Statute 812.13(2)(b)). The next degree of Felony in the State of Florida is a first degree felony punishable by life. A First degree “PBL” is punishable by a statutory maximum of up to life in State prison (Florida Statute 775.082(3)(b)). Examples of first degree felonies are Trafficking in Cocaine over 150 kilograms (Florida Statute 893.135(1)(b)(2)) or Armed Robbery with either a Firearm or Deadly Weapon (Florida Statute 812.13(2)(a)). Finally, capital felonies are punishable by death (Florida Statute 775.082(1)).
There are many instances where a crime which would otherwise be subject to punishment at its stated offense level is instead “bumped up” or “bumped down” a level. For instance, where a drug offense occurs within 1,000 feet of a child care facility, a school, a community center, a park or a municipal recreational facility (Florida Statute 893.13(1)(c)(1)), within 1,000 feet of a college, university or other postsecondary educational institution (Florida Statute 893.13(1)(d)(1)), within 1,000 feet of a either a physical place of worship or a convenience business (Florida Statute 893.13(1)(e)(1)), within 1,000 feet of a public housing facility (Florida Statute 893.13(1)(f)(1)) or by delivery by a person over 18 years of age to a person under 18 years of age (Florida Statute 893.13(4)(a)), an otherwise third degree felony will be “bumped up” to a second, an otherwise second degree felony to a first degree felony, etcetera. In contrast, where one is charged with an attempt to commit an offense, that crime, “attempted whatever” will generally be punishable one level below the ranking of the offense as if it had not been attempted, but rather completed.
The material on this page is designed to be general and is not case specific. Further, the information contained on this site is neither formal legal advice nor does the same constitute the formation of a lawyer/client relationship. As the law continually changes, the information contained herein may either be out of date or inapplicable to either your case or to your particular circumstances. For this reason it is always best to consult with a lawyer, in person, and to get specific and accurate information about your legal rights, responsibilities and/or liabilities in regard to your particular case. Please feel free to contact the Law Offices of Michael A. Haber, P.A. in Miami, Florida either by phone, by mail or by e-mail, and Mr. Haber will be available to you, to discuss your specific case.
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