A “Misdemeanor” is an offense which is punishable be up to 354 days in a county jail. As with felonies, there are many different misdemeanor offenses, and there are two (2) different levels of misdemeanor offenses which carry different punishments. The lowest degree (or least severe) misdemeanor in the State of Florida is a second degree misdemeanor. Second degree misdemeanors are punishable by a statutory maximum of up to sixty (60) days in the County jail (Florida Statute 775.082(4)(b)). Examples of second degree misdemeanors include Simple Assault (Florida Statute 784.011and Unoccupied Trespass (Florida Statute 810.08(2)(a)). The highest degree of misdemeanor in the State of Florida is a first degree misdemeanor. First degree misdemeanors are punishable by a statutory maximum of up to 364 days in the County jail (Florida Statute 775.082(4)(a)). Examples of first degree misdemeanors include Simple Possession of Under 20 grams of Marijuana (Florida Statute 893.13(3) and Petit Theft $100.00 to $300.00 (Florida Statute 812.014(2)(e)).
As is the case with felonies, 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.
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