Florida Felony: Laws, Penalties, Sentencing, and Records

A felony refers to a grave offense committed by an individual with severe consequences punishable by more than one year in prison in Florida. The crime may result in substantial fines, loss of civil rights, and a permanent criminal record.

What Is Considered a Felony in Florida?

Certain crimes are so terrible and considered felonies in the State of Florida. It is the highest-level offense under Florida law. These crimes include:

• Violent crimes that comprise murder, manslaughter, aggravated assault, robbery, kidnapping, and rape.
• Drug crimes that entail the illegal transport, manufacturing, and possession of banned substances.
• Crimes over property, such as arson, burglary, and theft.
• White-collar crimes that happen in offices include various forms of fraud, embezzlement, identity theft, and forgery.
• Weapons offenses pertain to illegal possession of a firearm by a felon or use of a weapon during a felony.

What Is a Felony in Florida?

The state law describes a felony as a crime committed and punishable by more than one year in a Florida correctional facility. In Florida, various consequences of an individual convicted of a felony include:

• Prison sentences with a minimum of 5 years to life imprisonment or the death penalty.
• Fines that may be as high as $15,000, depending on the class of felony.
• Loss of civil rights, which may include the right to own a gun or the right to vote.
• A criminal record, which may remain permanent and accessible to the public unless they are sealed or expunged.

Felony Classes and Penalties in Florida

The state classifies felonies into five distinct categories. Each category has its own defined sentencing range and fines associated with it.

Florida Felony Classes

• Capital Felony
  • This case includes serious offenses like first-degree murder.
  • Penalty: It is punishable by life imprisonment without the possibility of parole or the death penalty.
• Life Felony
  • Examples of these crimes include severe sexual battery, human trafficking, and other aggravated violent crimes.
  • Penalty: It is punishable by life imprisonment.
  • Fine: Up to $15,000.
• First-Degree Felony
  • Includes burglary, armed robbery, carjacking, and aggravated battery on a police officer.
  • Penalty: It attracts a prison term of up to 30 years.
  • Fine: May be as high as $10,000.
• Second-Degree Felony
  • Crimes that result in extortion, vehicular homicide, and illegal possession of firearms.
  • Penalty: May receive up to 15 years in prison.
  • Fine: Up to $10,000.
• Third-Degree Felony
  • These are the least serious type of felony in the state. It includes crimes such as aggravated stalking, vehicle theft, and trespass (while armed).
  • Penalty: This class of offense is punishable by a maximum term of 5 years in prison.
  • Fine: may be up to $5,000.

Felony Sentencing Guidelines in Florida

According to Florida’s Criminal Punishment Code, there are guidelines that determine sentencing in felony cases, while judicial discretion is also involved.

Key Sentencing Factors

In the state, it is worth noting the following factors:

• Criminal Punishment Code Scoresheet: Judges often use a point-based system to calculate terms of sentences. These points are assigned based on the offense, level of the victim’s injury, any prior convictions for the offender, and aggravating circumstances of the case.
• Aggravating Factors: These include crimes that involve the discharge of firearms or offenses against minor children or the elderly, and repeat offenders.
• Mitigating Factors: In this scenario, we have first-time offenders, cooperation with law enforcement officers, or evidence of rehabilitation by the offender.
• MandatoryMinimums: According to state laws, certain felonies, particularly crimes involved in drug trafficking and firearm-related crimes, have prescribed mandatory minimum sentences.
• Habitual Felony Offender Law: Repeat felons may face enhanced penalties, which may result in life imprisonment.
• Probation and Community Control: Some nonviolent felonies may qualify for probation, house arrest, or parole.

Felony Laws and Procedures in Major Florida Cities

Felony laws and procedures differ from one another in major cities throughout the state. Some major cities in prominent counties are listed below:

Miami (Miami-Dade County)

The Miami-Dade Circuit Court, the most extensive court system in Florida, handles felony cases in Miami. The court handles a high number of violent crimes and drug trafficking prosecutions in the state.

Orlando (Orange County)

Felony prosecutions in Orlando occur in the Orange County Circuit Court. The court gives courthouse tours to the public and virtual tours to interested parties.

Tampa (Hillsborough County)

Tampa felony cases are prosecuted in the Hillsborough County Circuit Court, with a major focus on property and financial crimes, as well as violent offenses. The Clerk of Court and Comptroller allows the public to schedule an appointment before visiting the court.

How to Search for Felony Records in Florida

The State of Florida provides several options for individuals interested in accessing felony records electronically or in person.

Online Portals

Some counties in the state provide an online portal that allows members of the public to search for felony case information online. Individuals may search for these records either by name or case number as the search criterion.

County Circuit Court Clerk’s Offices

Individuals may visit the clerk’s office to obtain copies of criminal records with felony information in the county where the felony was prosecuted.

Florida Department of Law Enforcement (FDLE)

The FDLE Criminal History Information Center provides statewide background checks, including felony convictions. Individuals may contact the agency to obtain copies of the records for a fee.

Local Police and Sheriff’s Departments

Local police departments and sheriff’s offices maintain arrest and incident records. Therefore, record seekers may request felony case files from their offices or headquarters.

Open vs. Sealed Records

• Open Records: This is a situation where felony convictions are publicly accessible.
• Sealing and Expungement: In Florida, certain minor felony records may be sealed or expunged if charges were dismissed or dropped.

Why Understanding Felonies in Florida Matters

It helps individuals, employers, and organizations navigate legal and employment issues as well as ensures the awareness of civil rights and responsibilities. This knowledge is empowering and may significantly influence the behavior of residents in Florida.

In the case of Florida, felonies are divided into five classes (Capital, Life, First, Second, and Third Degree). Different penalties ranging from 5 years in prison to life sentences or the death penalty are attributed to the felony classes. Sentencing terms are based on the Florida Criminal Punishment Code, as well as the judge's discretion in handling the felony cases.

Finally, felony records may be accessed online on some county Circuit Court portals. Record seekers may also contact the local police department, sheriff's office, Circuit Court clerks, or the FDLE to obtain copies of records containing felony information.