First vs. Second Degree Misdemeanor Penalties in Florida

In Florida, a first-degree misdemeanor carries up to one year in county jail and a fine of up to $1,000, while a second-degree misdemeanor tops out at 60 days in jail and a $500 fine.¹² Both are prosecuted in county court, and any jail time is served in the county jail rather than state prison. The gap between the two degrees shows up in more than just the sentencing cap: it shapes the charges that fit each class, what the state has to prove, and how long your record follows you afterward.

First-Degree Misdemeanor Penalties

A first-degree misdemeanor is the more serious class. The one-year jail maximum and $1,000 fine ceiling are set by statute, and the fine sits separately from court costs, restitution, and any probation fees a judge may add on.¹² Probation is common at this level. Violating probation conditions can lead the judge to revoke it and impose the original jail sentence.

Charges That Typically Fall Here

Battery is one of the most frequently charged first-degree misdemeanors. It covers intentionally touching or striking someone against their will, or intentionally causing them bodily harm, and does not require a visible injury.³

Possession of 20 grams or less of cannabis is also a first-degree misdemeanor, carrying the full year of jail exposure and $1,000 fine.⁴ Concentrated cannabis resin is excluded and charged as a felony regardless of weight.

Petit theft reaches first-degree misdemeanor status when the stolen property is worth $100 or more but less than $750.⁵ Below $100 it drops to a second-degree misdemeanor; at $750 and above it becomes a felony.

Second-Degree Misdemeanor Penalties

Second-degree misdemeanors cap at 60 days in county jail and a $500 fine.¹² Judges often use community service or educational programs in place of jail at this level.

Charges That Typically Fall Here

Simple assault is the textbook second-degree misdemeanor. Unlike battery, it does not require physical contact. It involves a threat of violence, backed by an apparent ability to follow through, that creates a real fear in the other person that violence is imminent.⁶ Words alone are not enough; the threat has to come with an act suggesting it will be carried out immediately.

Disorderly conduct covers behavior that disrupts public peace or offends community standards of decency, including fighting in public.⁷

Criminal mischief is a second-degree misdemeanor when the property damage is $200 or less.⁸ Once damage exceeds $200, the charge escalates.

When a Misdemeanor Gets Bumped Up a Degree

Several circumstances push a misdemeanor into a higher category, and the most common trigger is who the victim is. Reclassification means the maximum penalties jump to the next level, which can turn a minor charge into something much heavier.

Law Enforcement, Firefighters, and EMTs

Assault or battery against a law enforcement officer, firefighter, or emergency medical provider performing official duties gets reclassified. Assault moves from a second-degree to a first-degree misdemeanor. Battery moves from a first-degree misdemeanor to a third-degree felony, meaning up to five years in state prison instead of one year in county jail.⁹ The state must show you knew or should have known the victim was on duty.

Victims 65 or Older

Assault or battery against a person 65 or older triggers the same bump. Assault goes from second-degree to first-degree misdemeanor, and battery goes from first-degree misdemeanor to third-degree felony.¹⁰ This reclassification applies regardless of whether you knew the victim’s age.

Hate Crime Enhancement

When the offense is motivated by prejudice based on the victim’s race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability, or advanced age, the charge gets reclassified one degree higher. A second-degree misdemeanor becomes a first-degree misdemeanor; a first-degree misdemeanor becomes a third-degree felony.¹¹

How Long the State Has to File Charges

The prosecution cannot wait indefinitely. For a first-degree misdemeanor, the state has two years from the date of the offense to file charges. For a second-degree misdemeanor, the deadline is one year.¹² Miss the window and the charges cannot proceed. The clock can be extended in limited circumstances, such as when the accused leaves the state, but in the ordinary case it runs continuously from the date of the offense.

Withheld Adjudication

Florida judges have the authority to withhold adjudication of guilt. If a judge does so, you are not formally convicted even after a guilty plea or guilty finding. Instead, you are placed on probation with conditions.¹³ Complete the probation successfully and the court loses jurisdiction, meaning you cannot be sentenced for the offense.

This matters for what comes after. A withheld adjudication avoids many of the collateral consequences of a formal conviction, such as mandatory license suspensions for drug offenses, and it preserves your eligibility to seal or expunge the record later. The judge has discretion, though, and some charges are off-limits. DUI, for instance, prohibits withholding of adjudication entirely.

Sealing or Expunging the Record Afterward

A misdemeanor conviction creates a permanent criminal record visible to employers, landlords, and anyone running a background check. Florida offers two paths to limit that visibility, and the eligibility rules are strict.

Sealing is available if adjudication was withheld. You must never have been formally convicted of any criminal offense in Florida, you must be off probation, and you must never have previously sealed or expunged a record.¹⁴ You will need a $75 certificate of eligibility from the Florida Department of Law Enforcement before filing the court petition. A sealed record is hidden from standard background checks, though law enforcement and certain government agencies can still see it.

Expungement goes further and physically removes the record from most agency databases. You qualify in two situations: your charges were dismissed or you were acquitted, or your record was sealed for at least 10 years.¹⁵ Like sealing, you get one shot.

Both routes are blocked if you have ever been adjudicated guilty of certain listed misdemeanors, including assault, battery, carrying a concealed weapon, petit theft, arson, child neglect, and cruelty to animals.¹⁵ A prior adjudication of guilt for any of those offenses disqualifies you no matter how clean the rest of your record looks. That is where a withheld adjudication earns its keep; without one, sealing and expungement are typically off the table.

The Federal Firearm Ban for Domestic Violence Misdemeanors

A misdemeanor conviction for domestic violence triggers a federal firearm ban that catches many people off guard. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing, purchasing, or transporting firearms or ammunition.¹⁶ The ban applies no matter which state the conviction came from and no matter how long ago it happened. A battery conviction arising from a domestic situation can quietly disqualify you from gun ownership for life, even though battery is only a first-degree misdemeanor in Florida. The federal prohibition sits on top of whatever sentence the state court imposed.

1
Florida Senate. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders Previously Released From Prison
2
Florida Senate. Florida Code 775.083 – Fines
3
Florida Senate. Florida Code 784.03 – Battery; Felony Battery
4
The Florida Legislature. Florida Code 893.13 – Prohibited Acts; Penalties
5
Florida Senate. Florida Code 812.014 – Theft
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Florida Senate. Florida Code 784.011 – Assault
7
The Florida Legislature. Florida Code 877.03 – Breach of the Peace; Disorderly Conduct
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The Florida Legislature. Florida Code 806.13 – Criminal Mischief; Penalties; Penalty for Minor
9
The Florida Legislature. Florida Code 784.07 – Assault or Battery of Law Enforcement Officers, Firefighters, etc.
10
The Florida Legislature. Florida Code 784.08 – Assault or Battery on Persons 65 Years of Age or Older; Reclassification of Offenses; Minimum Sentence
11
Florida Senate. Florida Code 775.085 – Evidencing Prejudice While Committing Offense; Reclassification
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The Florida Legislature. Florida Code 775.15 – Time Limitations; General Time Limitations
13
The Florida Legislature. Florida Code 948.01 – When Court May Place Defendant on Probation or Into Community Control
14
The Florida Legislature. Florida Code 943.059 – Court-Ordered Sealing of Criminal History Records
15
Justia. Florida Code 943.0585 – Court-Ordered Expunction of Criminal History Records
16
Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts