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Felony defense in Florida.

Florida grades felonies as third, second or first degree, and each step up raises the maximum sentence. This page explains those levels, how the sentencing scoresheet works, and how a felony case typically moves through court. Available 24 hours a day.

How are felonies classified in Florida?

Florida felonies are graded by degree. A third degree felony carries up to 5 years in prison and a $5,000 fine. A second degree felony carries a 15 year maximum and a $10,000 fine, and a first degree felony carries up to 30 years and a $10,000 fine. These are the general maximums for each degree, and some offenses carry different or additional penalties, including minimum mandatory sentences.

Possession of most controlled substances without a valid prescription, for example, is a third degree felony, while possession of a firearm by a convicted felon is a second degree felony. The degree is set by the statute for the offense charged and can rise based on factors such as weapons, injuries or prior convictions.

What is the Criminal Punishment Code scoresheet?

Felony sentencing in Florida uses the Criminal Punishment Code scoresheet. It weighs the main offense, any additional offenses and the person's prior record, and the result frames the sentencing range the court considers. Two people charged with the same crime can face very different exposure depending on how their scoresheets come out.

Checking how each item was scored is part of preparing for any plea discussion or sentencing hearing, because a single entry can change the range.

From arrest to resolution in a felony case

After arrest, a person usually appears before a judge within 24 hours for first appearance, where release conditions are addressed. Arraignment follows, where the charge is read and a plea is entered. Discovery then gives the defense the state's evidence, and Florida permits depositions of witnesses in criminal cases.

Pretrial motions can shape what evidence reaches a jury. A motion to suppress asks the court to exclude evidence obtained unlawfully. A felony case ends by dismissal, plea or trial, and each path depends on the strength of the evidence and the legal issues identified along the way.

Why early representation matters on a felony

Decisions made in the first weeks, such as how release conditions are handled, what is said to investigators and which evidence is preserved, can affect the rest of the case. A felony conviction can also affect employment, professional licenses, firearm rights and immigration status.

DUI Lawyers Shield Firm is led by David Cannady, a former Florida prosecutor admitted to The Florida Bar in 2014. The firm offers a free case review, and payment plans through Affirm with $0 down options are available subject to approval.

Other criminal defense pages

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about felony defense
The main difference is the potential penalty. Misdemeanors carry up to 1 year in jail, while felonies are graded as third, second or first degree with general maximums of 5, 15 and 30 years in prison. Felony convictions also bring longer lasting consequences, including restrictions on firearm possession.
Depending on the evidence and the circumstances, some felony cases may be resolved on a lesser charge, including a misdemeanor. This is never automatic. It depends on the strength of the state's case, any legal problems with the evidence, and the person's record.
Timelines vary widely. A felony case may resolve relatively quickly, or it may take much longer when depositions, motions or trial preparation are involved. The complexity of the evidence, the number of witnesses and the court's calendar all play a part.
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