Ch. 2, Unit 1, Lesson 3 Classification of Offenses

775.083(1), F.S.

most fines are set forth in this section

capital felony

the highest class of felony. The penalty for offenses in this class is death or life imprisonment in a state correctional facility without the possibility of parole. For example, first-degree murder described in s. 782.04(1), F.S., is a capital felony and the only capital felony for which the state may impose the penalty of death. All other capital felonies require the state to impose a life sentence without the possibility of parole.

Some crimes may be reclassified to the next higher degree when certain factors are present, which could result in enhanced penalties. Examples of such reclassifications include the following:

• violent offenses committed against law enforcement officers, correctional officers, State Attorneys, Assistant State Attorneys, and judges • wearing a mask, hood, etc. to conceal identity while committing a felony or misdemeanor • evidencing prejudice while committing a crime (hate crimes) • possessing a weapon while committing a crime • unlawful taking, possessing, or using of a law enforcement officer's firearm during the commission of a crime • committing a misdemeanor or felony that facilitated or furthered an act of terrorism

Noncriminal Offense/ Civil Violation Infraction/ violation

$500 fine, forfeiture, or other civil penalty. According to s. 775.08(3), F.S., noncriminal shall not mean any conviction for any violation of any municipal or county ordinance.

life felony

Has varying penalties, including up to life imprisonment in a state correctional facility, a fine of up to $15,000, or both. The penalty may vary depending on when the crime was committed and the type of crime committed. In addition, some crimes classified as a first-degree felony, such as kidnapping or sexual battery, may be reclassified as a life felony, if the crime was committed with the use of a weapon or firearm. See s. 775.087, F.S.

s. 775.084, F.S

Penalties of imprisonment may be extended for defendants who have been classified as violent career criminals, habitual felony offenders, or habitual violent felony offenders under the provision in s. 775.084, F.S.

felony

a criminal offense committed within a state in which the maximum penalty is death or incarceration in a state correctional facility for more than one year

offense

a criminal or noncriminal act punishable by law

The maximum penalty for violating a local criminal ordinance is?

a fine of $500 or incarceration in a county jail for a period of up to 60 days and/or both.

noncriminal violation

an offense, also known as a civil infraction, for which the only penalty may be a fine, forfeiture, or other civil penalty

misdemeanor

any criminal offense that is punishable by a term of imprisonment in a county correctional facility not in excess of one year

first-degree felony

carries a maximum penalty of 30 years in a state correctional facility, a fine of up to $10,000, or both. However, certain first-degree felonies specifically carry a maximum penalty of life imprisonment in a state correctional facility. For example, kidnapping is a first-degree felony punishable by life imprisonment. See s. 787.01(2), F.S.

second-degree misdemeanor

carries a maximum penalty of 60 days in a county jail, a fine of $500, or both. An example of a second-degree misdemeanor is criminal mischief involving property damage totaling less than $200. See ss. 806.13(1)(a) and (b)1., F.S.

third-degree felony

carries a maximum penalty of five years in a state correctional facility, a fine of up to $5,000, or both. For example, Aggravated Assault is a third-degree felony. See s. 784.021, F.S.

first-degree misdemeanor

carries a maximum penalty of one year in a county jail, a fine of $1,000, or both. Battery is a first-degree misdemeanor. See s. 784.03(1), F.S.

775.082(3), F.S.

defines most penalties in this section

second-degree felony

is punishable by a maximum of 15 years in a state correctional facility, a fine of up to $10,000, or both. Aggravated Battery is an example of a second-degree felony. See s. 784.045, F.S.