FLORIDA CRIMINAL LAWS DEPUTY DYE CRIMINAL JUSTICE CLASSES – UNIVERSITY HIGH SCHOOL

FLORIDA FELONY EXAMPLES - In Florida, a felony is generally defined as any crime punishable by more than one year in prison (state penitentiary / correctional facility). §775.08, Fla. Stat. Felonies are divided into different degrees, as follows

FELONY LAWS Burglary.— (1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. (b) For offenses committed after July 1, 2001, “burglary” means: 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or 2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance: a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or c.To commit or attempt to commit a forcible felony, as defined in s (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s , s , or s , if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person; or (b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or (c) Enters an occupied or unoccupied dwelling or structure, and:

FELONY LAWS Murder.—(1)(a) The unlawful killing of a human being: 1.When perpetrated from a premeditated design to effect the death of the person killed or any human being; 2.When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any of the following: a. Trafficking offense prohibited by s (1), b. Arson, c. Sexual battery, d. Robbery, e. Burglary, f. Kidnapping, g. Escape, h. Aggravated child abuse, i. Aggravated abuse of an elderly person or disabled adult, j. Aircraft piracy, k. Unlawful throwing, placing, or discharging of a destructive device or bomb, l. Carjacking, m. Home-invasion robbery, n. Aggravated stalking, o. Murder of another human being, p. Resisting an officer with violence to his or her person, q. Aggravated fleeing or eluding with serious bodily injury or death, r. Felony that is an act of terrorism or is in furtherance of an act of terrorism, s. Human trafficking; or 3. Which resulted from the unlawful distribution of any substance controlled under s (1), cocaine as described in s (2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

FELONY EXAMPLES Felony ClassExampleMax Sentence Capital FelonyMurder Death or Life Imprisonment Life Felony*40 years to Life First Degree Felony Drug Trafficking Felony Burglary 30 years Second Degree Felony Aggravated Battery / Robbery 15 years Third Degree Felony Assault Carrying Concealed Firearm 5 years A life felony is punishable by life in prison without the possibility of parole, or probation for the remainder of your life, and a $15,000 fine

MISDEMEANOR LAWS A misdemeanor is any crime punishable by imprisonment for less than one year in a county correctional facility. Misdemeanors are divided into different degrees, as follows:

MISDEMEANOR LAWS Assault.— (1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. (2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s

MISDEMEANOR LAWS Battery; felony battery.— (1)(a) The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to another person. (b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s or s (2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s , s , or s For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.