What is a Misdemeanor in Florida?
- J. Ruffin Hunt
- 3 hours ago
- 4 min read
Being charged with a crime can be overwhelming, especially if you are unfamiliar with Florida's criminal justice system. One of the most common questions people ask after an arrest is: "What is a misdemeanor in Florida?"
In Florida, a misdemeanor is a criminal offense that is less serious than a felony but can still carry significant penalties, including jail time, probation, fines, and a permanent criminal record. Even though misdemeanors are considered lower-level offenses, a conviction can have lasting consequences that affect employment opportunities, professional licenses, housing applications, and more.
How Florida Classifies Misdemeanors
Florida generally divides misdemeanors into two categories:
Second-Degree Misdemeanors
A second-degree misdemeanor is the least serious level of criminal offense in Florida.
A conviction may result in:
Up to 60 days in jail
Up to 6 months of probation
Up to a $500 fine
Common examples include:
Disorderly conduct
Reckless Driving (uniquely punishable by up to 90 days in jail & a $500 fine)
Driving While License Suspended (first offense)
Petit Theft (property valued under $100)
Criminal Mischief (property damage valued at $200 or less)
No Valid Drivers License (first offense)
Prostitution (first offense)
Leaving the Scene of a Crash (Involving only property damage)
Trespass (In an unoccupied structure or conveyance)
First-Degree Misdemeanors
A first-degree misdemeanor is more serious and carries greater penalties.
A conviction may result in:
Up to 1 year in jail
Up to 1 year of probation
Up to a $1,000 fine
Common examples include:
Petit theft (property valued between $100 and $750)
Driving with a suspended license (2nd or subsequent offense)
No Valid Drivers License (2nd or subsequent offense)
Criminal mischief (property damage valued greater than $200 but less than $1,000)
Leaving the Scene of a Crash (Involving injury less than serious bodily injury)
What Is the Difference Between a Misdemeanor and a Felony?
The primary difference between a misdemeanor and a felony is the maximum punishment authorized by law.
Generally:
Misdemeanor | Felony |
Maximum penalty of up to 1 year in county jail | Potential sentence of more than 1 year |
Typically served in a county jail | May be served in state prison |
Lower fines and penalties | Higher fines and more severe penalties |
Often viewed as less serious offenses | Considered more serious criminal offenses |
However, it is important not to underestimate the seriousness of a misdemeanor charge. A misdemeanor conviction can still result in incarceration and create a permanent criminal record.
Can You Go to Jail for a Misdemeanor in Florida?
Yes.
Many people mistakenly believe that misdemeanor charges only result in fines. In reality, Florida law authorizes jail sentences for many misdemeanor offenses.
Whether a person receives jail time depends on numerous factors, including:
The specific charge
The facts of the case
Criminal history
Whether anyone was injured
The position of the prosecutor
Mitigating circumstances
The judge's sentencing decision
In some cases, jail may be avoided through negotiations, diversion programs, probation, or other favorable resolutions.
Will a Misdemeanor Stay on Your Record?
A misdemeanor conviction can become part of your permanent criminal history.
Employers, landlords, licensing agencies, schools, and background check companies may be able to see misdemeanor convictions during a background check.
For that reason, it is often important to explore all available options before entering a plea.
Depending on the circumstances, some arrests that do not result in convictions may qualify for a sealing or expungement under Florida law.
What Happens After a Misdemeanor Arrest?
While every case is different, a misdemeanor case often follows a similar process:
Arrest or Notice to Appear
A person may be arrested and booked into jail, or in some cases receive a notice to appear in court.
If arrested, the defendant will generally appear before a judge within 24 hours.
The judge may:
Set bond
Impose release conditions
Issue no-contact orders if applicable
The defendant is formally advised of the charges and enters a plea.
Discovery and Investigation
Both sides review evidence, including:
Police reports
Witness statements
Body camera footage
Surveillance videos
Physical evidence
Negotiations or Trial
Many misdemeanor cases are resolved through negotiations, diversion programs, or plea agreements. Others proceed to trial where the State must prove the charge beyond a reasonable doubt.
Do You Need a Lawyer for a Misdemeanor?
Although misdemeanor charges are less serious than felonies, they should not be taken lightly.
An experienced criminal defense attorney may be able to:
Challenge the legality of the arrest
Identify weaknesses in the prosecution's evidence
Negotiate for reduced charges
Pursue dismissal opportunities
Seek diversion programs
Protect your record from unnecessary convictions
Every case is unique, and early intervention can often make a significant difference in the outcome.
Contact a Tampa Criminal Defense Attorney
If you have been arrested for a misdemeanor offense in Tampa, Hillsborough County, or the surrounding areas, it is important to understand your rights and options as early as possible.
Attorney J. Ruffin Hunt is a former Division Chief at the Hillsborough County Public Defender's Office who has handled thousands of criminal cases throughout Tampa and Hillsborough County. Hunt Law represents clients charged with misdemeanor and felony offenses and works to achieve the best possible outcome in every case.
Call Hunt Law today at (813) 787-4849 for a free case consultation.
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