Felonies and misdemeanors are types of charges that range in severity. Misdemeanors are the least serious and there are two types in Florida.
- 2nd Degree Misdemeanor: Punishable by up to sixty (60) days in county jail and no more than a $500.00 fine.
- 1st Degree Misdemeanor: Punishable by up to 364 days in county jail and a $1,000.00 fine. There is one exception that carries a $5,000.00 fine. This is for the charge of solicitation for prostitution.
- 3rd Degree Felony: These are the least serious of the felony charges. They are punishable by up to five (5) years in Florida State Prison and a fine up to $5,000.00.
- 2nd Degree Felony: These are punishable by up to fifteen (15) years in Florida State Prison and a fine of up to $10,000.00.
- 1st Degree Felony: These are punishable by up to thirty (30) years in Florida State Prison and a fine of up to $10,000.00.
Capital and Life Felonies: These are punishable by a term of Life imprisonment and the Death Penalty. Life felonies carry fines up to $15,000.00.
Misdemeanor Assault Charge: This charge is one of simple assault. This crime occurs when a person whether by words or an act, threatens another person with violence, has the immediate ability to carry out that threat, and creates a well-founded fear in the person threatened that such violence is imminent. In order for the State to prove the charge of misdemeanor assault, they must prove the following three elements beyond and to the exclusion of all reasonable doubt:
- The defendant intentionally and unlawfully threatened by word or act, to do violence against the alleged victim;
- At the time the threat was made, the Defendant appeared to have the ability to carry out the threat; and
- The threat created in the mind of the alleged victim a well-founded fear that the violence was about to take place.
The penalty for misdemeanor simple assault is up to 60 days in county jail and a $500.00, fine.
Florida Misdemeanor Offenses: simple battery, bad checks under $150.00, boating under the influence, driving under the influence, criminal mischief (damage more than $200.00 and less than $1,000.00), disorderly conduct, driving on a suspended license with knowledge, indecent exposure, lewdness, loitering and prowling, marijuana possession under 20 grams, petit theft, possession of drug paraphernalia, resisting a law enforcement officer without violence, shoplifting under $300.00, solicitation for prostitution (carries $5,000.00 mandatory fine), ticket scalping, trespass, vandalism, prostitution, simple assault, criminal mischief under $200.00, driving on a suspended license without knowledge, attaching a tag not assigned, no valid driver’s license, disorderly intoxication, no motorcycle endorsement, harassing phone calls and an expired tag more than 6 months.