Understanding First-Degree Misdemeanors in Florida

Florida law authorizes courts to impose various penalties, including prison terms and fines, when sentencing a convicted offender. The sentencing guidelines a criminal court must follow depend on the category of offense for which the defendant was convicted. While the most severe crimes (felonies) carry the heaviest punishments, less serious offenses (misdemeanors) attract lighter penalties.

In Florida, misdemeanors are further categorized into two types: misdemeanors of the first degree (first-degree misdemeanors) and misdemeanors of the second degree (second-degree misdemeanors). Per § 775.081 (2)(a) of the Florida Statutes, 1st degree misdemeanors are considered more serious than second-degree misdemeanors even though neither rises to the level of a felony.

Examples of First-Degree Misdemeanors in Florida

First-degree misdemeanors in Florida are classified based on the specific statutory authority that labels the offense, rather than the nature of the conduct. This distinction means that offenses that appear similar in character may be categorized differently under the law, depending on the legislature's assessment of their severity. For example, 2nd degree misdemeanors are automatically reclassified as a misdemeanor of the 1st degree if there is evidence of prejudice, whether racial, ethnic, sexual, or otherwise (§ 775.085 of the Florida Statutes).

Common examples of crimes categorized as first-degree misdemeanors in Florida include:

Individuals may be able to access real cases involving first-degree misdemeanor charges by searching the Florida Criminal Court Records maintained by the clerks of each court and reputable third-party vendors.

Penalties for a First-Degree Misdemeanor in Florida

Per § 775.082 (4) (a) of the Florida Statutes, a misdemeanor of the first degree is punishable by an imprisonment term of not more than 1 year. Under §775.083 of the Florida Statutes, a first-degree misdemeanor also carries a maximum fine of $1,000. Apart from these definite sentences, courts may exercise their discretion to impose alternative sentences within the confines of the law, depending on the gravity of each case. These include probation, house arrest, community service, and restitution.

Probation and Alternative Sentencing Options in Florida

While jail terms and fines are the most commonly recognized penalties for first-degree misdemeanors in Florida, courts have additional sentencing options depending on the nature of the offense. These alternatives, outlined in Chapter 948 of the Florida Statutes, include probation and community control programs, which allow for supervised, structured alternatives to incarceration.

Probation

Probation is a type of community supervision that requires offenders to maintain contact with probation officers while also fulfilling specific conditions. Standard terms and conditions of probation include:

• Reporting to the probation officer as scheduled
• Permitting visits from the probation officer
• Complying with court-ordered geographical boundaries
• Not committing any crime or breaking any community supervision rules
• Paying restitution to crime victims
• Submitting to random substance abuse testing
• Attending substance abuse and intervention programs

The probationary term for misdemeanors in Florida is a maximum of 6 months, except the court specifies otherwise (§ 948.15 of the Florida Statutes).

Community Control Programs

Community control refers to an individualized program in which offenders are closely supervised within the community or at home, subject to strict conditions and sanctions. These programs are designed as alternatives to incarceration and are more restrictive than standard probation. They include:

• Movement restrictions and strict daily supervision
• Electronic monitoring
• Community service
• Residential treatment
• Work programs
• Batterers’ intervention programs

Can a First-Degree Misdemeanor Be Expunged or Sealed in Florida?

Yes. Individuals may have their criminal records relating to a first-degree misdemeanor offense in Florida sealed if they meet the eligibility requirements outlined in § 943.059 of the Florida Statutes, or expunged if they qualify under § 943.0585 of the Florida Statutes.

The eligibility requirements for sealing and expunging a record include:

• Having no conviction for the offense they were arrested for, subject to a few exceptions
• Petitioning for an eligible offense (ineligible crimes are outlined in § § 943.0584 of the Florida Statutes)
• No prior adjudication of guilt for any criminal offense in the state
• No indictment, information, or charging document was filed in the case
• The case was dismissed, nolle prossed, or did not result in a guilty verdict (applies to expungement)
• The person is no longer under court supervision for the offense in question
• The applicable waiting period is fulfilled
• No prior record sealed or expunged
• No open criminal case

Sealing or expunging a Florida criminal record offers significant benefits, such as allowing individuals to lawfully deny the existence of those arrests in most situations.

Below is a detailed breakdown of offenses and their eligibility for expunction in Florida.

Detailed information on sealing and expunging criminal records in Florida is available on the Florida Department of Law Enforcement (FDLE)’s Seal and Expunge page.

Long-Term Consequences of a First-Degree Misdemeanor Conviction

The consequences of a first-degree misdemeanor in Florida may extend beyond the statutory punishment, affecting an individual’s personal and professional life in the long term. First, a misdemeanor conviction creates a criminal record that interested parties may view upon conducting a criminal background check. Even in cases where a criminal record is sealed and expunged, the subject cannot legally deny or fail to acknowledge the arrest when applying to change their immigration status or when seeking employment in specific industries, such as those in the criminal justice sector and agencies involving childcare or contact with children.

Other long-term consequences of a first-degree misdemeanor conviction include:

• Challenges when applying for professional licenses
• Housing restrictions
• Reduced eligibility for government assistance programs, grants, or benefits

What to Do if You’re Charged with a First-Degree Misdemeanor in Florida

Individuals charged with a first-degree misdemeanor in Florida are strongly advised to follow these steps to reduce their risk of a conviction:

• Carefully review the charging documents and details of the alleged offense to understand the charges.
• Consult a criminal defense attorney in Florida for assistance in navigating the legal process.
• Gather all relevant documents and evidence that may support the defense or clarify the circumstances of the case.
• Familiarize themselves with applicable defense options and understand their rights throughout the legal proceedings.
• Attend all scheduled court appearances to avoid additional penalties or complications.
• Follow the guidance of their attorney as much as possible.

Statute of Limitations for First-Degree Misdemeanors in Florida

Per § 775.15 of the Florida Statutes, the state must prosecute a misdemeanor in the first degree within 2 years of the offense being committed. This statute of limitations (SOL) starts to run on the day after all elements of the crime have occurred. However, this timeframe may be extended in certain situations.

It is also noteworthy that if an indictment or information is filed within the time limit and dismissed due to a defect after the statute of limitations expires, the timeframe will be extended by three months. Also, the period of limitation does not run during the time when the defendant is continuously absent from the state.

Below is a table of common first-degree misdemeanors and their periods of limitations: