Florida Criminal Laws – All You Need to Know

In the state of Florida, crimes can happen at any time, at any place, and by anyone. Crimes can be either violent crimes, property crimes, or weapons crimes, but they all may result in harsh penalties and fines. Florida has its own statutes and legal processes for criminal charges. Whether you are facing charges or are just seeking more information, you should know and understand the various Florida criminal laws.

What Types of Crimes Are Committed in Florida?

There are dozens of crimes that can be committed in Florida that are typically categorized as either felonies or misdemeanors and further broken down by degrees. In Florida, people may commit property crimes, violent crimes, hate crimes, cybercrimes, white collar crimes, or other crimes. The severity of the crime determines the charges and associated penalties.

There are five classes of felonies in Florida: capital felonies, life felonies, and first, second, and third-degree felonies. The sentencing and examples of each are listed below:

• Capital felony – Capital felonies are the most serious felonies in Florida and are punishable by death or life in prison without the chance of parole. Examples of capital felonies are murder or armed kidnapping.
• Life felony – Life felonies are also severe, with the punishment being up to life in prison without parole and/or a fine of up to $15,000. Examples of life felonies are sexual battery or human trafficking that involves a minor.
• First-degree felony – First-degree felonies are serious, and the penalty can be 30 years to up to life in prison and/or a $10,000 fine or restitution. Examples include aggravated child abuse or drug trafficking.
• Second-degree felony – Second-degree felonies are serious but less severe and can be punishable by up to 15 years in prison and/or up to a $10,000 fine. Some examples of second-degree felonies are burglary of an unoccupied dwelling or possession of a controlled substance.
• Third-degree felony – Third-degree felonies are the least severe, with punishments of up to 5 years in prison and/or up to a $5,000 fine. A third-degree felony can be aggravated assault or child abuse.

Misdemeanors are lesser crimes that can be life-changing and inconvenient but tend to result in shorter sentences. Misdemeanors are first- or second-degree.

• First-degree misdemeanors carry sentences of up to 1 year in prison and/or a $1,000 fine. Examples include cruelty to animals or shoplifting.
• Second-degree misdemeanors carry sentences of up to 60 days in prison, a fine of up to $500, and/or six months of probation. Some examples of second-degree misdemeanors include trespassing or disorderly conduct.

Finally, there are noncriminal violations, also called infractions, where there are no associated prison sentences, and the person may only be liable to pay a fine or be required to do community service, for instance.

What Is the Legal Process for Criminal Law in Florida?

There are six main steps of the legal process in Florida: arrest, first appearance, arraignment, pretrial, trial, and sentencing. In the first step, an officer arrests the defendant and may issue a citation to appear in court. At the first appearance, the defendant may be served their charges and informed of their rights. At the arraignment, the defendant is formally charged and pleads guilty or not guilty.

The purpose of the pretrial hearing is to exchange facts, evidence, and information about the case before the main trial. The trial involves the prosecutor, defense attorney, jury, witnesses, and, of course, the judge to determine a verdict. The last step is sentencing, where the judge determines the classification of the crime and the resulting jail sentence and/or fines.

How Can a Lawyer Help Me?

Understanding Florida’s criminal laws can be confusing and overwhelming. As a citizen or visitor to Florida, it is wise to familiarize yourself with Florida’s criminal laws to avoid an arrest or to understand the severity of certain crimes. If you have been charged or convicted of a crime, it is even more important to be aware of Florida’s criminal laws. Consulting with a lawyer, like our experienced and skilled lawyers at Ruhl Law, P.A., can be invaluable for ensuring your rights are protected.

FAQs

Q: What Crimes Have No Statute of Limitations in Florida?

A: There are several crimes that have no statute of limitations in Florida, including capital felonies, life felonies, and crimes that result in death. Examples of these crimes may include the murder of a child, a drug-related murder, or the murder of an on-duty officer. All of these cases have no time limit if a person wants to bring a legal case against someone.

Q: What Are the New Laws in Florida in 2025?

A: There are several new laws in Florida that went into effect in 2025. Two such laws are the Halo Law and the new social media law. The Halo Law is a law created to create a buffer between citizens and first responders while they are on duty. The social media law prohibits minors under 14 from creating a social media account. It also stipulates that minors who are 14 or 15 years old need to have consent from a guardian or parent to have a social media account.

Q: What Are the Common Law Marriage Laws in Florida?

A: Florida is not a common law marriage state. Florida does not acknowledge or recognize common law marriages that occurred after January 1, 1968. However, it does recognize common-law marriages that occurred before that date, and it also recognizes common-law marriages from other states. This means that couples who are not married in Florida do not have the same rights as legally married couples.

Contact Our Office Today

At Ruhl Law, P.A., we have a long history of litigating a variety of criminal cases. Whether you are in the midst of a case, or you are simply a resident or even a visitor to Florida and you want to familiarize yourself with Florida’s criminal laws, a skilled experienced attorney can benefit you. If you need legal advice or representation, please contact our office today.