Understanding the distinction between misdemeanors and felonies is crucial when facing criminal charges in Florida. Generally, misdemeanors are less serious criminal offenses than felonies. However, the consequences of multiple misdemeanors can lead to more severe punishments in some instances.
So, how many misdemeanors equal a felony? It depends on the type of misdemeanors you have been charged with, the length of time between each criminal offense, the unique circumstances of your case, and the strength of your legal defense team. To better understand how misdemeanors and felonies work in Florida’s criminal justice system, here is what you should know.
Misdemeanor Offenses vs Felony Criminal Offenses
The first thing to understand about misdemeanors and felonies in Florida is that they are distinct and separate crime categories.
Misdemeanors are usually less severe offenses, such as minor drug possession, simple assault, petty theft, disorderly conduct, or driving under the influence (DUI).
In Florida’s criminal justice system, misdemeanor charges can be categorized into two levels:
- Second-degree misdemeanors
- First-degree misdemeanors
Misdemeanor classifications of the second degree are less severe than first-degree and can be punished by up to 60 days of jail time, six months of county probation, and a fine reaching up to $5,000.
A first-degree misdemeanor, on the other hand, is the highest misdemeanor charge in Florida and can result in up to a one-year jail sentence, one-year county probation, and fines of up to $1,000. Other sanctions can be applied to more serious crimes. The least serious misdemeanor charge in Florida is the Class 3 or Class C misdemeanor. A Class C misdemeanor conviction carries no jail sentence and minimal fines that do not exceed $500.
When it comes to felony offenses in Florida they are categorized under five levels:
- Third-degree felony
- Second-degree felony
- First-degree felony
- Life
- Capital felonies
Felony crimes are considered severe criminal offenses. Unlike misdemeanor crimes, which don’t always come with jail sentences, all felony crimes come with potential prison sentences and severe penalties, even the death penalty. However, a law firm can help you combat felony charges and fight to reduce or dismiss your sentence.
Some examples of felonies in Florida include drug crimes such as drug trafficking, theft or other property crimes, aggravated assault, sexual assault, murder, and various white-collar crimes.
Third-degree felonies, the lowest level of felony charges, can result in up to five years in prison and fines of up to $5,000. A second-degree felony can come with penalties of up to 15 years in prison and up to $10,000 in fines.
First-degree felonies can be punishable by up to 30 years in prison and fines of up to $10,000. Life imprisonment can be assigned for convicts who performed sexual battery on children. Other aggravating factors can lead to life imprisonment for a felony and up to $15,000 in fines.
A capital felony is the highest criminal offense in the legal system. Such criminal convictions carry life in prison without parole or death sentences.
Factors Determining if Misdemeanors Can Add Up to a Felony
A defendant’s criminal record can influence the potential consequences of committing a misdemeanor crime. In some instances, misdemeanor criminal charges can result in a felony charge.
Subsequent misdemeanor offenses can escalate to felony charges if they have “enhancement statutes.” An enhancement statute dictates that if certain criminal offenses are repeated within a specific legal timeframe, the severity of the charge can be increased.
For example, in Florida, you can face a second-degree misdemeanor conviction for a first-time DUI offense. If you commit another DUI offense within five years, you will be charged with a first-degree misdemeanor. For a third DUI offense within ten years, the crime will be persecuted as a third-degree felony.
Felony convictions can occur in misdemeanor cases when aggravating factors are present. For example, even if you commit a first or second DUI, it will still be considered a felony offense if the accident resulted in the severe injury of another.
When a Misdemeanor Criminal Offense Becomes a Felony
A felony criminal conviction can occur in misdemeanor offenses when there are aggravating factors. For example, resisting arrest can be a first-degree misdemeanor. However, if you have resisted the arrest with violence or have prior instances of resisting arrest, then you can be charged with a third-degree felony. Repeat offenses in various misdemeanor cases can result in a felony charge. Everything depends on your criminal record and the circumstances of your case.
Legal Process and Consequences
Being charged with a misdemeanor instead of a felony can be favorable for the defendant. As you might expect, cases that involve felony charges are more complex, and often involve lengthy trials and can result in harsher sentencing.
While the legal processes have some similarities, there are also some key differences. The specific legal process depends on the case and the legal jurisdiction of where the case is being heard.
In most jurisdictions, cases that involve felony charges start with a grand jury indictment, where the jurors determine whether the case has enough evidence to merit a trial. Misdemeanor charges often proceed more swiftly through the court system. In contrast, the felony trial process is more extensive and can include witness cross-examination and expert testimonies that often add to the duration of the case.
Another key difference is the bail conditions. The suspect charged with felony offenses faces stricter bail conditions compared to cases with misdemeanor charges. You can also expect the bail amount to be lower in cases that involve misdemeanors.
How a Criminal Defense Attorney Can Help
Florida laws on misdemeanor and felony charges can be complex and overwhelming. Without a legal team by your side, you risk facing felony charges for your misdemeanor offenses. To ensure that your rights are protected, seek the assistance of a dedicated criminal defense attorney.
At Parikh Law, P.A., we provide dedicated legal representation for defendants facing misdemeanor or felony charges in Florida. We provide personalized solutions tailored to each client’s circumstances by thoroughly analyzing their case, gathering evidence, and developing the necessary and applicable legal defense strategies to protect their rights.
We can help you negotiate to reduce your charges, have them dropped, seek alternative sentencing options, or vigorously defend your case at trial if the circumstances surrounding your case allow it.
Our criminal defense attorney can employ various strategies to reduce felony charges to misdemeanors. One of the most effective ways to do this is to engage in plea bargaining with prosecutors. This strategy involves pleading guilty to a lesser charge in exchange for a reduced sentence, such as a misdemeanor charge instead of a felony charge. We can present mitigating factors to have a successful plea bargain, such as the lack of prior criminal history of the suspect.
Another way to reduce the charge from a felony to a misdemeanor is to challenge the evidence. For example, we can challenge the legality of the search and seizure that led to the discovery of key evidence by law enforcement officers. Several other strategies can be used to get a lesser charge. This includes proving a lack of intent or mistaken identity. After the initial consultation, we can discuss the legal options for your case.
Types of Cases Handled by Parikh Law, P.A.
At Parikh Law, P.A, we defend a wide range of criminal cases, including but not limited to:
- Personal liberty crimes
- DUI
- Assault and battery
- Domestic violence
- Sex crimes
- Juvenile crimes
- Homicide
- Child abuse
- Federal crimes
- False imprisonment
Building a proper legal defense strategy, investigating, and challenging the prosecution’s evidence and witnesses takes time. The sooner you act, the better. If receiving reduced charges, minimizing the potential consequences of a conviction, or completely overturning your sentencing is possible, why not try?
Working with a criminal defense lawyer will give you peace of mind, and through legal representation, you will receive guidance on the legal processes, meet deadlines, understand your legal options, make informed decisions, and avoid making costly mistakes. Contact our law firm today for a free consultation on your case and learn more.