1. Legal Classification of Offenses Daytona State College School of Emergency Services Introduction to Law Classification of Offenses

2. Legal Classification of Offenses Daytona State College School of Emergency Services Objectives Define OffenseDefine Offense Classification and category of a criminal offenseClassification and category of a criminal offense Relevant facts for use in classifying criminal or non-criminal offensesRelevant facts for use in classifying criminal or non-criminal offenses

3. Legal Classification of Offenses Daytona State College School of Emergency Services Objectives Define felonyDefine felony Levels of feloniesLevels of felonies Define misdemeanorDefine misdemeanor Levels of misdemeanorsLevels of misdemeanors Define non-criminal violationsDefine non-criminal violations Local ordinancesLocal ordinances

4. Legal Classification of Offenses Daytona State College School of Emergency Services Offense Acts that are punishable under Florida lawActs that are punishable under Florida law –Criminal offenses Punishable by incarceration Either felony or misdemeanor –Non-criminal offenses Also called “civil infraction” Punishable by a fine or other means other than incarceration Example – traffic violation

5. Legal Classification of Offenses Daytona State College School of Emergency Services Felony Crime for which the maximum penalty is death or incarceration in a state correctional facility for one year or moreCrime for which the maximum penalty is death or incarceration in a state correctional facility for one year or more –FS 775.08(1) –Serious crimes –May be housed in a county facility under certain conditions, situations or contracts

6. Legal Classification of Offenses Daytona State College School of Emergency Services Classification of Felonies Five classificationsFive classifications –Capital –Life –1 st Degree –2 nd Degree –3 rd Degree

7. Legal Classification of Offenses Daytona State College School of Emergency Services Capital Felony Highest classification of felonyHighest classification of felony –Death –Life without parole ExamplesExamples –First Degree Murder, FS 782.04(1) Only crime that carries the death penalty –Sexual Battery on a child under 12 by a person 18 or over, FS 794.011(2)(a) Carries life without parole

8. Legal Classification of Offenses Daytona State College School of Emergency Services Life Felony PenaltyPenalty –Minimum of 40 years to life –Fine of $15,000 Fines are rarely, if ever, imposed Possibility of restitution as a post- incarceration probation stipulation –Both ExampleExample –Kidnapping with a weapon, FS 775.087(1)

9. Legal Classification of Offenses Daytona State College School of Emergency Services First Degree Felony –Penalty Maximum of 30 years Fine of $10,000 Both –Exceptions Certain first degree felonies carry life –Noted in the statute –Example Kidnapping is a 1 st degree felony carrying life in prison, FS 787.01(2)

10. Legal Classification of Offenses Daytona State College School of Emergency Services Second Degree Felony PenaltyPenalty –Maximum of 15 years –Fine of $10,000 –Both ExampleExample –Aggravated Battery, FS 784.045

11. Legal Classification of Offenses Daytona State College School of Emergency Services Third Degree Felony PenaltyPenalty –Maximum of 5 years –Fine of $5,000 –Both ExampleExample –Aggravated Assault, FS 784.02 –Burglary of an Unoccupied Dwelling, FS 810.02

12. Legal Classification of Offenses Daytona State College School of Emergency Services Determining Classification Where to lookWhere to look –Statute itself Conditions and provisions Special circumstances Start low, increase as conditions change ReclassificationReclassification –Normally up one level

13. Legal Classification of Offenses Daytona State College School of Emergency Services Reclassification Based on certain factorsBased on certain factors –Violent offenses against law enforcement, corrections, state attorney and judges –Wearing mask, hood, etc. to conceal identify while committing a felony or misdemeanor –Wearing a bulletproof vest while committing certain offenses

14. Legal Classification of Offenses Daytona State College School of Emergency Services Reclassification –Evidencing prejudice while committing a crime (hate crime) –Possession of a weapon while committing a crime –Unlawful taking, possessing or using an officer’s firearm during the commission of a crime –Committing a misdemeanor or felony to further terrorism

15. Legal Classification of Offenses Daytona State College School of Emergency Services Reclassification Reclassify down one levelReclassify down one level –Attempt Attempted armed robbery Attempted burglary Attempted possession of narcotics –Conspiracy –Solicitation

16. Legal Classification of Offenses Daytona State College School of Emergency Services Misdemeanor Criminal offense with a maximum penalty of one year in the county jailCriminal offense with a maximum penalty of one year in the county jail –Minor crimes –Fine of up to $1,000 –Cannot serve time in a prison Can serve concurrent penalties with a felony conviction

17. Legal Classification of Offenses Daytona State College School of Emergency Services Misdemeanor Classification First DegreeFirst Degree –Penalty Up to one year and/or $1,000 fine –Example Battery, FS 784.03(1) Second DegreeSecond Degree –Penalty Up to 60 days and/or $500 fine Criminal mischief under $200, FS 806.13 (2)

18. Legal Classification of Offenses Daytona State College School of Emergency Services Non-Criminal Violation Also called “Civil Infraction”Also called “Civil Infraction” PenaltyPenalty –Fine, forfeiture or other civil penalty –“Civil Penalty” –No jail or prison time ExampleExample –Traffic violation, i.e., speeding, stop sign, etc.

19. Legal Classification of Offenses Daytona State College School of Emergency Services Ordinance Violation Cities and counties enact local regulationsCities and counties enact local regulations –For protection and well-being of population –Only apply to the city or county in which it is enacted –Most not criminal – no jail time –May prohibit acts that are state statute crimes PenaltyPenalty –Maximum 60 days/$500 fine or both

20. Legal Classification of Offenses Daytona State College School of Emergency Services Questions