In Florida, a felony is defined as a criminal offense that carries a potential sentence of more than one year in prison. By contrast, misdemeanors are lesser crimes punishable by up to one year in jail. This distinction affects both the criminal procedure involved and the penalties imposed.

Felony cases are initiated by a grand jury indictment or by an information, which is a formal charging document issued by a prosecutor. There are preliminary hearings, often involving evidence review and pre-trial motions, and the defendant has the right to trial by jury. Misdemeanors are initiated by a simpler process, such as a notice to appear, and a judge tries the case and imposes sentence.

Felonies can result in lengthy prison sentences, substantial fines and extended probationary periods. Penalties are based on the type and degree of the crime, which falls into one of five levels:

1. Third-degree felony — This least severe felony is punishable by up to five years in prison and a $5,000 fine. Examples are grand theft auto and possession of controlled substances.

2. Second-degree felony — This carries a penalty of up to 15 years in prison and a $10,000 fine. Crimes at this level include burglary of a dwelling and selling drugs near schools.

3. First-degree felony — This is punishable by up to 30 years in prison and a $10,000 fine. Examples are robbery with a firearm and trafficking in large amounts of controlled substances.

4. Life felony — Crimes such as murder and rape can carry a sentence of life imprisonment and a $15,000 fine. 

5. Capital felony — This category, with the death penalty or life without parole as potential sentences, is reserved for the most heinous crimes, such as first-degree murder.

Florida law specifies mandatory minimum sentences for certain felonies, such as those involving firearms, drug trafficking and violent crimes against individuals. The "10-20-Life" law imposes specific minimums for crimes involving the use of a firearm, requiring a minimum of 10 years for possession, 20 years if the firearm is discharged, and 25 years to life if someone is injured or killed. Drug trafficking offenses also carry mandatory minimums, varying based on the type and quantity of the drug involved.

Conviction of felony crime in Florida can totally disrupt your life. In addition to the penalties imposed, it results in the automatic loss of several civil rights, including the right to vote, serve on a jury, hold public office and possess a firearm. The restoration of these rights requires a clemency application to the state's Board of Executive Clemency. The process can be lengthy and there is no guarantee of restoration, leaving many former felons without fundamental rights indefinitely.

If you’ve been charged with a felony, you need the most capable and experienced criminal defense attorney you can find. A skilled attorney will take steps to secure your freedom, discover the strength of the state’s evidence against you, make motions to suppress illegally obtained evidence and aggressively assert all available defenses. An attorney may also negotiate reduced charges or sentences.

The Law Offices of Tad A. Yates, P.A. in Orlando represents people facing all types of felony offenses in Florida. If you’ve been arrested or otherwise charged, call 407-608-7777 or contact us online and we will take immediate action.