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Florida's criminal classifications and maximum penalties include:
Capital Felony | | death penalty or life imprisonment with no parole | Life Felony | | 40 years to life; $15,000 | Felony in the First Degree | | 30 years; $10,000 | Felony in the Second Degree | | 15 years; $10,000 | Felony in the Third Degree | | 5 years; $5,000 | Misdemeanor in the First Degree | | 1 year; $1,000 | Misdemeanor in the Second Degree | | 60 days; $500 |
**Florida also has a classification known as a noncriminal violation, which is punishable by fine, forfeiture or civil remedy. Crimes include Assault: second degree misdemeanor
Its elements include the intentional and unlawful threat, by word or act, of violence against a victim in which the defendant has the ability to carry out the threat and the victim has a well-founded fear that violence is imminent. Aggravated assault (assault with a deadly weapon) is a third degree felony.
Battery: first degree misdemeanor
Battery is described as the intentional touching or striking of a victim against his or her will causing the victim harm. Aggravated battery (second degree felony) results when the defendant intentionally or knowingly causes the victim great bodily harm, permanently disables or disfigures the victim, uses a deadly weapon or knew (or should have known) the victim was pregnant.
Carjacking: first degree felony
Carjacking is the forcible or violent taking of a motor vehicle from a person or the owner with the intent of either permanently or temporarily depriving the person or owner of the motor vehicle.
Kidnapping: first degree felony
Kidnapping is the forcible and secret abducting, confining or imprisoning of a victim against his or her will with intent to (1) collect a ransom, (2) commit or facilitate the commission of a felony, (3) inflict bodily harm or terrorize the victim, or (4) interfere with any governmental or political function.
Robbery: second degree felony
Robbery is the forcible, violent or threatening taking of property from another with intent to either permanently or temporarily deprive the person or owner of the property. If in the course of a robbery the defendant carries a firearm or other deadly weapon, the robbery is a first degree felony. Home invasion robbery occurs when the defendant enters a victim's home and robs the occupants in their dwelling. Home invasion robbery is a first degree felony.
Stalking: first degree misdemeanor
Any person who willfully, maliciously and repeatedly follows or harasses another person is committing the crime of stalking. Aggravated stalking (third degree felony) occurs when a stalker makes "a credible threat with the intent to place a person in reasonable fear of death or bodily injury."
Theft
A person commits theft when he or she knowingly obtains or uses the property of another with intent to either temporarily or permanently deprive the other person of the property. Theft of property valued at $100,000 or more is grand theft in the first degree and a first degree felony. Theft of property valued at $20,000-100,000 is grand theft in the second degree and a second degree felony. Theft of property valued at $300-20,000 is grand theft in the third degree and a third degree felony. Theft of any other property is petit theft and a second degree misdemeanor. |
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Definitions
Acquittal - A discharge or release which takes place when the judge or jury, upon trial finds a verdict of not guilty.
Arraignment - A hearing at which the defendant is formally notified of the charges against him and at which time a plea of not guilty, guilty, or no contest is entered. If a not guilty plea is entered, the case is given a trial date.
Bail - An amount of money set by the police or court which must be posted or pledged before an accused may be released from jail, to assure the person’s presence in court.
Bench Warrant - A written court order directing the police or the sheriff to arrest a person who has failed to appear at court, failed to follow a court order, or has been indicted by the Grand Jury for a crime.
Contempt - Willful disobedience to or open disrespect for a court or judge.
Defendant - A person arrested and charged with committing a crime.
Deferred Acceptance - Deferred Acceptance of Guilty Plea (DAG) or Deferred
Acceptance of No Contest Plea (DANC) - A pretrial procedure under which acceptance ofa plea of guilty or no contest may be postponed and the defendant eventually discharged without a judgement of guilty, upon successful completion of terms and conditions set by the court.
Dismissed - The court can dismiss the charges (the person was not actually found to be “not guilty.”)
Felony - A serious crime, as opposed to a misdemeanor; the distinction is often made in terms of the applicable punishment, felonies being punishable by more than ayear in jail.
Grand Jury - A jury of men and women made up of sixteen people who determine if there is probable cause to believe that the defendant committed the crime.
Indict/Information - To formally accuse in writing.
Misdemeanor - A crime with a punishment of no more than one year in jail.
No Contest or “Nolo Contendere” - A Latin phrase meaning “I will not contest it”; a plea which has a similar legal effect as pleading guilty. A defendant may plead nolo contendere only with consent of the court. The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based on the same acts.
Penal Summons - An official complaint with court date set.
Plea - A defendant’s answer to a charge filed against him (guilty, not guilty, no contest)
Preliminary Hearing - A proceeding in which the judge determines to whether there is probable cause to believe that the defendant committed the crime.
Probable Cause - A reasonable belief which supports that a defendant did actually commit the crime.
Prosecutor - A lawyer who represents the State in criminal proceedings responsible for bringing the accused to justice.
Released - After arrest, the defendant may be released with no charge, or releasedpending investigation.
Sentencing - After a defendant pleads guilty to a crime, or is found guilty of acrime after a trial, sentencing is the time when the court decides what punishment togive to the defendant.
Trial - A proceeding at which evidence is presented to a judge or jury who thendecides whether the defendant committed the crimes charged.
Verdict - The formal decision or finding made by a judge or jury.
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