Felony is a crime that would be punishable if found guilty in Florida, by death or imprisonment in State Prison: thus, all felonies are punishable by incarceration in state prison.
There are five categories of felonies:
Capital Felony. A defendant who has been convicted of a capital felony must be punished by death if the proceeding held to determine sentence in accordance with the provisions of section 921.141 results in findings by the court that such person shall be punished by death, otherwise such person must be punished by life imprisonment and will be ineligible for parole. In the event that the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a defendant previously sentenced to death for a capital felony is required to cause that defendant to be brought before the court and to sentence that defendant to life imprisonment without possibility of parole. No sentence of death can be reduced as a result of a determination that a method of execution is held unconstitutional under the state constitution or the constitution of the United States.
Life Felony. Someone having been convicted of a life felony committed prior to October 1, 1983 may be punished by a term of imprisonment for life or for a term of years not less than 30; for a life felony committed on or after October 1, 1983 by a term of imprisonment not exceeding 40 years; for a life felony committed on or after July 1, 1995 , except for one which was committed on or after September 1, 2005 which is a violation of section 800.04(5)(b), for a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment; and for a life felony committed on or after September 1, 2005 which is a violation of s. 800.04(5)(b), by a term of imprisonment for life, or a split sentence that is a term of not less than 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life, as provided in section 948.012(4). Note that the provision for not less than 25 years’ imprisonment is not a minimum mandatory sentence in the ordinary sense. A defendant who has committed a life felony on or after July 1, 2008, which is that defendant’s second or subsequent violation of section 800.04(5)(b) may be punished by a term of imprisonment for life.
Felony 1st Degree. Someone who has been convicted of a felony of the first degree may be punished by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.
Felony 2nd Degree. Someone who has been convicted of a felony of the second degree may be punished by a term of imprisonment not exceeding 15 years.
Felony 3rd Degree. Someone who has been convicted of a felony of the third degree may be punished by a term of imprisonment not exceeding 5 years.
Examples of Felonies are as follows:
Felony Drug Possession Prescription Fraud Doctor Shopping
Drug Trafficking Felony Suspended License Grand Theft
Felony Worthless Check Felony DUI Poss. w/ Sale Int.
Statutory Rape Felony Marijuana Poss. Traff. of Marij. Aggravated Assault Aggravated Battery Murder / Homi.
Manslaughter Robbery Grand Theft
Arson Burglary Kidnapping
Domestic Batt. W/ Harm Child Molestation Drug Trafficking
Felony Prostitution Sexual Battery Pandering
Aggravated Stalking Lewd & Lascivious Child Abuse
Car Jacking Child Pornography Terrorism
Elder Abuse Illegal Pornography And More...
If you have been charged with a Felony, remember the first consultation is free and:
Alejandro Rivera, Esq.