Misdemeanor Criminal Charges in Florida: Degrees, Penalties, and What “Minor” Really Means

A misdemeanor in Florida is a criminal offense punishable by up to one year in county jail — anything that can be punished by state prison time is a felony. Florida law divides misdemeanors into two degrees: a first-degree misdemeanor carries up to 1 year in county jail and a $1,000 fine, and a second-degree misdemeanor carries up to 60 days in county jail and a $500 fine, under § 775.082 and § 775.083, Florida Statutes. Misdemeanor cases are handled in county court, and common examples include petit theft, battery, a first DUI, possession of small amounts of cannabis, trespass, and disorderly conduct. “Minor” is relative, though: a misdemeanor conviction creates a permanent criminal record, and several common misdemeanors turn into felonies on a repeat offense.

This article explains:

• What makes a crime a misdemeanor rather than a felony in Florida
• The two degrees of misdemeanor and the penalties for each
• The most common misdemeanor charges and where they fall
• When a misdemeanor becomes a felony
• What a misdemeanor conviction actually does to your record

This article provides general legal information and is not a substitute for advice based on the specific facts of a case.

What makes a crime a misdemeanor in Florida

Florida draws the line by where the sentence can be served. Under § 775.08, Florida Statutes, a felony is any offense punishable by death or by imprisonment in a state penitentiary, and a misdemeanor is any criminal offense punishable by a term of imprisonment in a county correctional facility of not more than one year.

Three things follow from that definition:

• A misdemeanor is a real criminal charge. It is prosecuted by the State Attorney, it can end in a jail sentence, and a conviction goes on a criminal record — the same record a felony goes on.
• Not every citation is a misdemeanor. The definition expressly excludes noncriminal traffic violations and violations of municipal or county ordinances. A speeding ticket is a civil infraction, not a crime. But plenty of traffic-related offenses are crimes — driving while your license is suspended with knowledge of the suspension is a misdemeanor, and so is a first DUI.
• Misdemeanors are county court cases. Under § 34.01, county courts have original jurisdiction over misdemeanor cases not cognizable by the circuit courts. Felonies go to circuit court; a misdemeanor case is filed, arraigned, and tried in the county court where the offense happened.

The two degrees of misdemeanor — and what each can cost

Florida classifies misdemeanors as first degree or second degree under § 775.081(2). If a statute creates a misdemeanor without specifying a degree, it is a second-degree misdemeanor by default. The maximum penalties, and the time the State has to file charges, look like this:

Offense level	Maximum incarceration	Maximum fine	Time limit to prosecute
First-degree misdemeanor	1 year, county jail	$1,000	2 years
Second-degree misdemeanor	60 days, county jail	$500	1 year
Third-degree felony (for comparison)	5 years, state prison	$5,000	3 years

Sources: § 775.082 (incarceration), § 775.083 (fines), § 775.15 (time limitations).

Two caveats on the maximums:

• They are ceilings, not predictions. A judge can impose any lawful sentence up to the maximum — jail, probation, fines, or a combination. What actually happens in a given case depends on the charge, the facts, the person’s history, and how the case is defended.
• Some misdemeanors carry their own penalty schemes. DUI is the clearest example: § 316.193 sets its own fine ranges and jail caps (for a first conviction, a fine of $500 to $1,000 and up to 6 months) rather than using the standard first/second-degree framework. A first or second DUI is still a misdemeanor-level offense handled in county court — it is a misdemeanor under Florida’s definition because the maximum term is county jail time under one year — but its penalties — including mandatory conditions the standard framework doesn’t impose, such as an ignition interlock device for at least a year on a second conviction — come from the DUI statute itself.

Common misdemeanor charges in Florida

These are the misdemeanors Florida defense lawyers see most often, with where each one falls:

Charge	Statute	Level	Maximum penalty
Petit theft (property under $100)	§ 812.014	2nd-degree misdemeanor	60 days, $500
Petit theft (property $100–$749)	§ 812.014	1st-degree misdemeanor	1 year, $1,000
Assault (threat, no touching)	§ 784.011	2nd-degree misdemeanor	60 days, $500
Battery (unwanted touching)	§ 784.03	1st-degree misdemeanor	1 year, $1,000
DUI, first conviction	§ 316.193	Misdemeanor level (own penalty scheme)	6 months; $500–$1,000 fine
Possession of cannabis, 20 grams or less	§ 893.13(6)(b)	1st-degree misdemeanor	1 year, $1,000
Trespass in a structure or conveyance	§ 810.08	2nd-degree misdemeanor (1st-degree if a person is present)	60 days / 1 year
Disorderly conduct / breach of the peace	§ 877.03	2nd-degree misdemeanor	60 days, $500
Driving while license suspended (with knowledge), first conviction	§ 322.34(2)	2nd-degree misdemeanor	60 days, $500
Leaving the scene of a crash (property damage only)	§ 316.061	2nd-degree misdemeanor	60 days, $500

A few notes on that table:

• Theft is graded by value. Theft of property worth $750 or more is grand theft — a felony. Below that line, the value and your record determine the degree. We cover what a theft-related record means for sealing and expungement in If Charges Are Dismissed, Do You Have a Criminal Record?
• Battery in a domestic context is its own world. The charge and maximum are the same, but a domestic violence designation changes arrest practice, bond, no-contact orders, and record-sealing eligibility. We break that down in Criminal Charges for Domestic Violence in Florida.
• Traffic crimes are still crimes. Driving while license suspended and leaving the scene of a crash produce criminal records, not points on a license. See Hit-and-Run Criminal Charges in Florida for how leaving the scene scales from misdemeanor to felony.

When a misdemeanor becomes a felony

The most dangerous thing about Florida misdemeanors is how many of them are one step away from a felony. The escalators are written directly into the statutes:

Starts as	Becomes a felony when
Petit theft	You have two or more prior theft convictions — any new petit theft is a third-degree felony (§ 812.014(3))
Battery	You have one prior battery conviction — including a plea of no contest or a withheld adjudication — making a new battery a third-degree felony (§ 784.03)
Trespass	You are armed with a firearm or other dangerous weapon during the trespass (§ 810.08(2)(c))
DUI	A third conviction within 10 years of a prior — a third-degree felony (§ 316.193)
Driving while license suspended	A third or subsequent conviction where the suspension stems from specified serious grounds, such as DUI or refusal to submit to testing (§ 322.34)

Notice the pattern: the conduct doesn’t have to get worse — the record is what upgrades the charge. A shoplifting case that would have been a 60-day misdemeanor for a first-timer is a 5-year felony for someone with two priors. That is one of the strongest reasons not to treat a first misdemeanor as something to plead out quickly and forget: every conviction becomes the foundation for a harsher charge later. Theft has one more multiplier: when takings span months, Florida can add them together into a single grand theft count — see Criminal Charges for Embezzlement in Florida.

It works in the other direction too. Agreeing with someone else to commit a misdemeanor can itself be charged as criminal conspiracy — generally one degree below the planned offense — which we explain in Criminal Conspiracy Charges in Florida.

A misdemeanor conviction is still a criminal record

There is no separate “minor” record for misdemeanors. An arrest and its outcome go into the same court and state records a felony would, and they show up on the background checks used by employers, landlords, and licensing boards. Beyond the record itself, a conviction can carry practical consequences the statute never mentions — a DUI conviction affects driving privileges and insurance; a battery conviction can affect professional licensing; a theft conviction is the kind of “dishonesty” offense employers ask about directly.

Whether a record can later be sealed or expunged depends on how the case ended and what the charge was — Florida’s rules live in § 943.059 and § 943.0585, and some offenses, including domestic violence battery, can never be sealed even with a withheld adjudication. The full picture — dismissed cases, sealing, expungement, and the exceptions — is in If Charges Are Dismissed, Do You Have a Criminal Record?

The point is simple: the stakes of a misdemeanor case are usually not the 60 days or the year in jail. They are the permanent record and the escalation risk. Both are exactly what a defense lawyer works to prevent — by challenging the case, negotiating alternatives, or positioning the outcome so the record can later be sealed.

Frequently asked questions

Will a misdemeanor show up on a background check?

Yes. Misdemeanor arrests and convictions appear in Florida court records and on standard criminal background checks, the same as felonies. Whether the record can later be sealed or expunged depends on the charge and how the case ended — see our guide to dismissed charges and criminal records.

Do you go to jail for a first misdemeanor in Florida?

Jail is legally possible in any misdemeanor case — up to 60 days for a second-degree misdemeanor and up to 1 year for a first-degree misdemeanor. Whether a particular case actually results in jail depends on the charge, the facts, and the person’s history. Sentences can also involve probation, fines, and program conditions instead of or alongside jail. No outcome is automatic in either direction, which is why even a “small” charge deserves a real defense.

Is a DUI a misdemeanor in Florida?

A first or second DUI is a misdemeanor-level offense: § 316.193 caps jail at 6 months for a first conviction (9 months for a second) — county jail time under a year, which is what defines a misdemeanor in Florida. DUI becomes a felony on a third conviction within 10 years of a prior, or when a crash causes serious bodily injury. Our DUI defense page covers Florida DUI penalties in more detail.

Can a misdemeanor charge be dropped or dismissed?

The decision to file, reduce, or drop a criminal charge belongs to the State Attorney, not the person who called the police — we explain how that works in Can a Victim Drop Criminal Charges in Florida? Misdemeanor cases can also end in dismissal for legal or evidentiary reasons, and many Florida circuits operate diversion programs that can resolve eligible first-time misdemeanor cases without a conviction. Eligibility and terms vary by circuit and by charge — an attorney can tell you what is realistic in your case.

How long does the State have to file a misdemeanor charge?

Under § 775.15, prosecution must generally be commenced within 2 years for a first-degree misdemeanor and within 1 year for a second-degree misdemeanor. Deadlines can be affected by circumstances such as the defendant’s absence from the state, so treat these as general rules rather than a guarantee in any particular case.

What’s the difference between a misdemeanor and a felony in Florida?

The dividing line is the possible punishment: felonies are punishable by state prison (over a year, up to life or death for the most serious crimes), while misdemeanors are punishable by county jail terms of a year or less. Felonies are prosecuted in circuit court and carry heavier collateral consequences — including loss of civil rights. But the line between the two is thinner than people expect: several common misdemeanors become felonies on a repeat offense, and conduct that looks like a misdemeanor can be charged as a felony when aggravating facts are alleged.

Speak with a Fort Lauderdale criminal defense attorney

The misdemeanor cases that do lasting damage are usually the ones treated casually at the start — a quick plea to “get it over with” that becomes a permanent record, a first conviction that turns the next charge into a felony. If you or someone you love is facing a misdemeanor charge in Broward County, MK Law’s partners are trial attorneys who defend misdemeanor, DUI, and criminal traffic cases in county court every week.

Call MK Law at 954.865.6032 — available 24/7 — to discuss your case.

This article provides general information and is not legal advice. Legal outcomes depend on the specific facts, applicable law, and current procedures. Reading this article or contacting MK Law does not by itself create an attorney-client relationship.