What Is a Felony in Florida? Degrees, Sentences, and Consequences

Florida sorts felonies into five degrees. From least to most serious, they are third-degree felonies (up to 5 years in prison), second-degree felonies (up to 15 years), first-degree felonies (up to 30 years), life felonies (up to life, with a 40-year alternative), and capital felonies (death or life without parole). Chapter 775 of the Florida Statutes sets these ceilings, and the specific statute defining each crime assigns it to one of the five tiers.¹

The degree sets the maximum. Where a sentence actually lands within that range depends on a scoring system called the Criminal Punishment Code, and some offenses carry mandatory minimums that override the usual discretion. Both are covered below.

Capital Felonies

Capital felonies are the most serious crimes Florida recognizes. A conviction carries either the death penalty or life imprisonment without any possibility of parole.¹ There is no fine schedule at this tier.

First-degree murder — a killing that was premeditated or committed during certain other felonies — is the most familiar capital offense.² Sexual battery on a child under 12 by a defendant 18 or older is also a capital felony, not a life felony as is sometimes assumed.³ When the offender is under 18, that same offense drops to a life felony, so the defendant’s age directly affects which tier applies.

Life Felonies

Life felonies sit one step below. The maximum is life in prison, though for offenses committed on or after October 1, 1983, a judge can impose a lesser term of up to 40 years instead.¹ Fines can reach $15,000.⁴

Sexual battery on a child under 12 by a defendant under 18 is classified here, along with certain drug trafficking at the highest quantities. Life is also the tier a first-degree felony reaches when it is reclassified upward under the hate-crime statute.⁵

First-Degree Felonies

First-degree felonies carry up to 30 years in prison and fines up to $10,000.¹⁴ Some first-degree felonies are designated “punishable by life” (often abbreviated PBL), meaning the statute defining that specific offense authorizes a life sentence even though the crime is not classified as a life felony.

Drug trafficking is a common first-degree charge, but its penalties go well beyond the general 30-year maximum. The trafficking statute imposes its own mandatory minimums and fines. Trafficking in certain controlled substances at quantities of 28 grams or more triggers a mandatory minimum of 25 years and a $500,000 fine, and at the highest levels the statute requires life imprisonment with no eligibility for early release.⁶ On a trafficking charge, the first-degree range is the floor, not the ceiling.

Second-Degree Felonies

A second-degree felony carries up to 15 years in prison and fines up to $10,000.¹⁴ Aggravated battery (intentionally causing serious bodily harm or using a deadly weapon during a battery) is a standard example.⁷ Robbery without a weapon and certain burglary charges also fall here. The 15-year ceiling gives judges a wide range, from probation-eligible outcomes at the low end to substantial prison terms at the high end.

Third-Degree Felonies

Third-degree felonies are the least severe tier, punishable by up to five years in prison and fines up to $5,000.¹⁴ Grand theft of property valued between $750 and $5,000 is one of the more commonly charged offenses at this level.⁸

“Least severe” doesn’t mean minor. A third-degree conviction is still a felony on your permanent record. It still triggers the federal firearms ban, still appears on job applications, and still carries every collateral consequence covered below. Many defendants at this level focus on whether the charge can be reduced to a misdemeanor or resolved through a diversion program that avoids the felony label entirely.

Enhancements That Push a Charge to a Higher Tier

Two Florida statutes commonly reclassify a felony upward, raising the ceiling the judge can sentence to.

Hate Crime Reclassification

When a felony is motivated by prejudice based on the victim’s race, religion, sexual orientation, ethnicity, national origin, homeless status, or advanced age, the offense is bumped up one tier. A third-degree felony becomes a second-degree, a second-degree becomes a first-degree, and a first-degree felony becomes a life felony.⁵ Misdemeanors motivated by bias become felonies under the same statute.

Habitual Offender Designations

Under Section 775.084, the state can seek enhanced sentences for defendants with significant criminal histories. Florida recognizes habitual felony offenders, habitual violent felony offenders, and violent career criminals, each with its own qualifying criteria and extended sentencing range.⁹ A habitual violent felony offender convicted of a first-degree felony, for example, can face a life sentence even though the standard first-degree maximum is 30 years. The state must file a written notice of its intent to seek the enhancement, giving the defense time to challenge the qualifying prior convictions.

Mandatory Minimums That Override the Degree

Certain felonies carry mandatory minimum sentences that the judge cannot go below, regardless of the sentencing scoresheet or the defendant’s background. The most prominent is the “10-20-Life” law under Section 775.087, which applies when a firearm or destructive device is involved in specified felonies.

Possessing a firearm during the commission of certain listed felonies: at least 10 years. For possession of a firearm by a felon or burglary of a vehicle, the minimum is 3 years.¹⁰
Discharging a firearm during the commission of those felonies: at least 20 years.
Discharging a firearm and causing death or great bodily harm: at least 25 years, up to life.¹⁰

Drug trafficking under Section 893.135 has its own mandatory minimums tied to the type and weight of the substance.⁶ These minimums usually drive plea negotiations, because both sides know exactly what the judge is required to impose after a conviction at trial.

How the Actual Sentence Gets Set

Florida does not leave sentencing entirely to judicial instinct. The Criminal Punishment Code, codified at Section 921.0024, requires the court to complete a sentencing scoresheet for every felony. The scoresheet assigns point values to the primary offense, any additional offenses, the defendant’s prior record, victim injury, and specific enhancements such as gang involvement or committing a new crime while on probation.

The total produces a “lowest permissible sentence.” At 44 or more total points, the lowest permissible sentence requires incarceration, meaning the judge cannot impose probation alone. Below 44 points, the judge has discretion to impose probation or other non-prison alternatives. The judge can always sentence above the lowest permissible sentence up to the statutory maximum for the degree, and in limited circumstances can go below it with a written explanation.

A few points can be the difference between a probation-eligible sentence and mandatory prison time. For many defendants, the scoresheet matters as much as the statutory maximum attached to the charge.

Probation and Community Control

Not every felony conviction ends in prison. When the scoresheet permits it, Florida courts can impose probation as part of or in place of incarceration. The default probation term for a felony is up to two years unless the court specifies a longer period.¹¹ For sex offenses and child abuse cases, probation runs for the full court-imposed term under the maximum level of supervision available.

Florida also uses community control, which is essentially house arrest with strict monitoring. A person on community control must remain at an approved residence except for pre-approved activities such as work, court, or medical treatment. Violating either form of supervision can result in revocation and imposition of up to the original statutory maximum prison sentence for the underlying felony.

What a Felony Conviction Costs Beyond Prison

The sentence and fine are only the beginning. A Florida felony conviction creates lasting consequences in several areas, and many are permanent unless you take specific legal steps.

Firearms

Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing, buying, or receiving any firearm or ammunition.¹² That covers every Florida felony regardless of degree. Violating the ban is a separate federal crime carrying up to 15 years in prison.¹³ The prohibition is lifetime unless civil rights are formally restored, and even a state restoration may not satisfy the federal standard.

Voting Rights

Florida’s Amendment 4, passed by voters in 2018, automatically restores voting rights for most people who have completed all terms of their sentence, including prison, probation, and parole. The major exceptions are convictions for murder and felony sexual offenses, which require individual clemency from the governor and cabinet. “Completing all terms” includes paying court-ordered fines, fees, and restitution, a requirement that became contested after implementing legislation passed in 2019.

Employment and Professional Licensing

Most private employers in Florida can consider a felony conviction in hiring, though some local ordinances restrict when during the application process the question can be asked. Federal agencies impose stricter bars; the FBI, for instance, automatically disqualifies anyone with a felony conviction from employment.¹⁴ Florida licensing boards in fields such as healthcare, education, real estate, and law can deny or revoke a license based on a felony conviction. The practical effect depends on the license and the nature of the conviction, with broad discretion left to each board.

Federal Student Aid

A felony conviction alone does not make you ineligible for federal student aid. The FAFSA Simplification Act eliminated the blanket prohibition that previously applied to students with drug convictions. A federal or state judge who sentences you for drug trafficking or possession can still impose a “federal drug abuse hold” that blocks access to federal student aid.¹⁵ Incarcerated students can receive Pell Grants through eligible Prison Education Programs but remain ineligible for Direct Loans while confined.

1
Florida Legislature. Florida Code 775.082 – Penalties; Imprisonment or Death
2
Florida Legislature. Florida Code 782.04 – Murder
3
Florida Senate. Florida Code 794.011 – Sexual Battery
4
The Florida Legislature. Florida Code 775.083 – Fines
5
Florida Senate. Florida Code 775.085 – Evidencing Prejudice While Committing Offense; Reclassification
6
Florida Legislature. Florida Code 893.135 – Trafficking
7
Florida Senate. Florida Code 784.045 – Aggravated Battery
8
Florida Senate. Florida Code 812.014 – Theft
9
Florida Legislature. Florida Code 775.084 – Violent Career Criminals; Habitual Felony Offenders and Habitual Violent Felony Offenders; Three-Time Violent Felony Offenders
10
Florida Legislature. Florida Code 775.087 – Possession or Use of Weapon; Aggravated Battery; Felony Reclassification; Minimum Sentence
11
Florida Legislature. Florida Code 948.04 – Period of Probation; Duty of Probationer
12
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
13
Office of the Law Revision Counsel. 18 USC 924 – Penalties
14
FBI Jobs. Employment Eligibility Guide
15
Federal Student Aid Knowledge Center. School-Determined Requirements