Florida Second Degree Misdemeanors

In Florida, misdemeanors are classified in two categories: misdemeanors of the first degree and misdemeanors of the second degree. The degree of a misdemeanor is usually determined by statute. Second-degree misdemeanors are less severe than first-degree misdemeanors and are punishable by lesser sentences and fines.

What distinguishes a misdemeanor from a felony is that felonies are more serious or grievous crimes, carry higher sentences, and are typically served in a state or federal prison. Compared to misdemeanor charges, felony cases are a lot more complex and may take longer to resolve. Felonies also have harsher consequences that may restrict or completely deprive a person of their right to vote and freedom of movement.

This classification helps Florida Courts, criminal justice agencies, and residents understand the weight of certain offences, appropriate sentencing, and other considerations necessary for criminal court proceedings.

Common Examples of Second-Degree Misdemeanors in Florida

In line with the provisions of section 775.081(3) of the Florida Statutes, any crime described as a misdemeanor without a specific degree is a second-degree misdemeanor. Common examples of second-degree misdemeanors in Florida include:

• Petit Theft: A person commits petit theft punishable as a second-degree misdemeanor if the property stolen is valued at less than $100.
• Disorderly Intoxication: Any person who is while intoxicated or after drinking an alcoholic beverage endangers the safety of another person or property, or causes any public disturbance, shall be guilty of a second-degree misdemeanor.
• Unnatural and Lascivious Acts: Any person who commits any unnatural or lascivious act with another person commits a second-degree misdemeanor.
• Driving Under the Influence: A person may be charged with a second-degree felony for DUI if the defendant is a first-time offender, who caused no severe injuries or death to another person, there were no minors in the car, and the defendant's BAC (blood alcohol content) was below 0.15%.

Statute of Limitations for Second Degree Misdemeanors in Florida

Prosecutors in Florida must file charges for a second-degree misdemeanor within 1 year after the offense is committed. An offense is deemed to be committed where the standard or one-off offence has been committed, or it is clear from the law that the offense or illegal activity is continuous and that continuous conduct or the defendant’s involvement in it has ceased or completely stopped (Florida Statutes 775.15).

If one year has passed since the offence was committed and the defendant was not arrested on a charge, no indictment or information is filed, no summons, warrants, or processes are executed, then the alleged perpetrator can no longer be indicted on that charge.

Where there is a reasonable delay due to an inability to locate the defendant after a careful and thorough search, or the defendant's absence from the state, the statute of limitations will not run. This exception, however, will only subsist for three years.

Additionally, where an indictment or charge filed within the 1-year period for second-degree misdemeanors is dismissed or set aside because of an error in the content or form after the statute of limitations has elapsed, the period for commencing prosecution will be extended by 3 months from the date the charge or indictment was set aside or dismissed.

Below is an example of different types of second-degree misdemeanor offences and the corresponding statute of limitations.

Legal Penalties for Second Degree Misdemeanors

Anyone who has been convicted of a second-degree misdemeanor in Florida may be ordered to pay a fine in addition to any other punishment issued by a judge. For second-degree misdemeanor convictions, the law states that the fine must not exceed $500 or any higher amount equal to or double the monetary or financial benefits the defendant derived from the offence or double the monetary or financial loss the victim suffered. The court may also order the defendant to pay any higher amount specifically authorized by statute (Florida Statutes 775.083).

In addition to the above fines, anyone found guilty of a misdemeanor offense under a state law or municipal/county ordinance must pay $20 as court costs to the clerk of the court. Likewise, a person convicted of a second-degree misdemeanor may be sentenced to a term of imprisonment not exceeding 60 days (served in a county jail). Other penalties may include probation, mandatory counseling, community service, license suspension, etc.

Court Process for Second Degree Misdemeanors

The court process for second-degree misdemeanors would occur as follows:

• First Appearance: After a defendant is arrested and taken into custody, they must appear before a judge within 24 hours. This is called a First Appearance. At this appearance, a judge will inform the defendant of the charges before the court and inform them of their right to legal representation. The judge will then determine whether to release the defendant from custody based on their promise to appear at the next hearing, or on bond set by the judge (pay bail to secure release). A judge may also order that the accused remain in custody until the next hearing. In Florida, defendants are often released before trial.
• Arraignment: Here, the defendant appears before a judge, where formal charges will be read by a state attorney (prosecutor). The defendant may choose to enter a plea of guilty, not guilty, or nolo contendere (not contesting the charges). Where the accused enters a plea of not guilty, the court will grant them ample time to prepare for the trial.
• Docket Sounding: This is a pre-trial proceeding that happens in some jurisdictions to determine the status of a case, take a plea, or prepare a case for trial.
• Trial: Where the accused is likely to receive an imprisonment sentence, they will be granted the right to a trial by jury. During the trial, the accused and prosecutor will present their evidence to the jury on issues of law determined by the judge. The jury will deliberate on which facts they believe and must be unanimous in their decision; otherwise, the judge may set a new trial date. The prosecution has a burden to prove the case beyond a reasonable doubt. If the state attorney fails to do so, then the jury must return a verdict of not guilty.
• Sentencing: During a sentencing, the accused may be issued a probation, a fine, or jail time. In some cases, it may be one or more of the above penalties.

How Second Degree Misdemeanors Affect Your Criminal Record

Although misdemeanor charges are not as severe as a felony, convictions have real consequences. A misdemeanor conviction remains in a person's criminal record indefinitely unless expunged. Criminal record information may be accessible to members of the public and be reviewed via background checks by potential employers, landlords, and other professional bodies.

An individual may apply to the FDLE for a certificate of eligibility in order to seal or expunge their misdemeanor records. However, this Certificate can only be obtained by eligible applicants. The process also requires honoring a waiting period, filing notices, submitting documents to multiple state agencies, and attending court hearings.

Differences Between Second-Degree Misdemeanors and Other Offenses

In Florida, a second-degree misdemeanor is considered a less serious offense than a first-degree misdemeanor. A first-degree misdemeanor is punishable by a $1000 fine and a term of imprisonment for less than a year, while a second-degree misdemeanor is punishable by a $500 fine and a term of imprisonment for less than 60 days.

Compared to misdemeanor offenses, felonies often involve crimes that cause or involve greater harm, damage, or danger. A felony is distinguished by the magnitude of the offense and harm/danger caused, punishment, and legal consequences. Misdemeanors attract a maximum of 1 year in county jail, while felony sentences are punishable by longer prison terms (in state prison) to life imprisonment, death, and fines of up to $ 15,000.

How to Check for Second-Degree Misdemeanors in Court Records

Interested persons may look up second-degree misdemeanor records in Florida by visiting the local county court clerk in the county where the case was filed. They may also look up criminal court records available online for the county of interest using the Florida Online Court Records Search.

It is pertinent to note that different counties have different record search and request procedures, and some counties may have their own record search online portals. Researchers should contact their local court clerk for guidance on how to access records in the court’s custody.

Can a Second Degree Misdemeanor Be Expunged or Sealed in Florida?

Yes. In Florida, individuals may petition the court to have their arrest or criminal charges for a second-degree misdemeanor criminal record expunged as long as they have not been convicted of that particular offence or any other felony or certain misdemeanors (Florida Statutes 943.0585). The law allows individuals who were either wrongfully arrested, not charged or indicted, had their charges dismissed by the court, or found not guilty to apply to have records of their arrest and prosecution expunged.

To expunge a criminal or arrest record in Florida, the applicant must first apply to the FDLE for a certificate of Eligibility to seal or expunge the record. This Certificate is only issued after the applicant has furnished the necessary documents as required and paid processing fees. Of course, in another state or region, the process for expungement will take different forms.

Expunging second-degree misdemeanor records helps an individual start over on a clean slate and avoid negative bias in employment or housing opportunities.

Here are some of the general rules for expungement for first-time and multiple offenses in Florida.