“Criminal Offenses” are offenses punishable by some amount of incarceration, in addition to fines and other penalties. Conversely, “infractions” are offenses punishable by fines, community service and restriction of other privileges and other penalties, but not incarceration.
In Florida, crimes are divided into misdemeanors and felonies. Misdemeanors are less serious, with lesser potential punishment. With limited exceptions, second degree misdemeanors are punishable by incarceration up to 60 days in the county jail, and first degree misdemeanors are punishable by up to one year in the county jail. Examples included petit theft (value less than $750), simple assault, simple battery, disorderly conduct, driving under the influence, driving without a license with knowledge, and criminal mischief.
Felonies are more serious, with more serious punishment. With limited exceptions, the least serious are third degree felonies, punishable by up to five years in state prison and the most serious are felonies punishable by life in prison or imposition of the death penalty. Examples of the most commonly charged felonies are grand theft, burglary, robbery, drug trafficking, and more serious batteries.
However, convictions for any level of crime can have long-term impacts, such as difficulty obtaining employment or housing, suspension of driver’s license, and immigration consequences.
The classification of crimes as misdemeanors varies by jurisdiction, with different states and countries having their own statutes and definitions.
Misdemeanors vs Felony: What’s the difference?
This table clarifies the key differences between a misdemeanor and a felony, providing a quick reference for punishment, lasting impacts, and legal procedures.
| Feature | Misdemeanor | Felony |
| Severity | Less serious | More serious |
| Punishment | Up to 1 year in jail, fines, community service | Over 1 year in jail, hefty fines, potential loss of rights |
| Common examples | Petty theft (value under $750), disorderly conduct, traffic violations | Major theft, arson, drug trafficking |
| Lasting impacts | Can affect employment, housing, voting rights | Significant social and economic challenges |
| Trial complexity | Simpler procedures, generally simpler trials | Complex legal processes, more complicated sentencing considerations |
Examples of Misdemeanors
Misdemeanors exist in the space between minor infractions and serious felonies. Understanding the types of offenses classified as misdemeanors can help you navigate life’s curveballs and avoid unintended consequences.
- Petit theft: walking out of a store with an unpaid item worth less than $750.00 may land you in this category.
- Simple battery: An argument that escalates to minor pushing or shoving without serious injury falls under this umbrella.
- Disorderly conduct: Being a little too loud and disruptive at a concert or engaging in public intoxication can be considered disorderly conduct.
- Trespassing: wandering onto private property or lingering where you’re not welcome, like an abandoned building, may qualify as trespassing.
Traffic blunders
- Reckless driving: Exceeding the speed limit by a significant margin or engaging in dangerous maneuvers may put you in this territory.
- Driving under the influence (DUI): Operating a vehicle while under the influence with alcohol or drugs carries serious consequences, even for first-time offenders.
- Driving without a license or insurance: These lapses in documentation may result in misdemeanor charges.
Other situations
- Operating a vehicle while under the influence with alcohol or drugs carries serious consequences, even for first-time offenders.
- Possession of small amounts of illegal substances: Depending on the state and specific substance, having a small quantity of marijuana or other drugs could be classified as a misdemeanor.
How long does a Criminal Offense stay on your record?
Criminal convictions do not automatically disappear from your record. However, sealing or Expungement options exist in Florida, depending on the offense, criminal history of the defendant, and outcome of the case.
Moreover, most Florida jurisdictions have the opportunity for alternative sentencing options, depending on the nature of the offence and criminal history of the defendant, including diversionary courts for defenseman’s with substance abuse or mental health issues.
Seeking an experienced misdemeanor lawyer is essential to navigating these options effectively and understanding the potential implications of criminal conviction on one’s record.
Get help from a Criminal Defense Lawyer
If you require a criminal defense lawyer for your case or have inquiries about any legal concerns, feel free to reach out to Apfelbaum Law for a consultation.
Our firm is conveniently located in Port St. Lucie and Stuart, yet we extend our legal services across the entirety of the Treasure Coast and the state of Florida.
