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First Degree Felony in Florida
Felonies in Florida are grouped into several categories based on their severity. First-degree felonies are considered among the most serious crimes and carry severe penalties, including substantial fines and lengthy prison sentences. Only life and capital felony offenses are considered more severe in Florida.
Florida Statutes § 775.081 classifies felony crimes in Florida into five groups, ranging from third-degree, second-degree, and first-degree felonies to life and capital felonies. Crimes are expected to be declared as they are named in the parent statute. Interested parties may obtain comprehensive information and records of other types of crimes in online Criminal Court Records.
Public Access to First Degree Felony Records in Florida
Under Florida’s Sunshine Laws, most records generated by the legal system, including felony conviction records, are public information. This means any member of the public may request, access, and copy their record via a request from the record custodian, unless the record is exempt from disclosure by law. Records that may be exempt from public access include expunged records, sealed records, certain confidential information, and criminal records of minors.
Interested parties may obtain public felony records using the following methods:
| Source | Access | Website/location |
|---|---|---|
| County Clerks of Court | Requests in person or online if the clerk’s office offers search tools on its website | The Court Location search tool provides physical addresses and websites for county courts and the clerk’s office. |
| Florida Department of Law Enforcement(FDLE) | Certified and non-certified Criminal history record checks online for the FDLE website | The Criminal History Record Check page on the FDLE website offers various types of record searches |
| Courthouse public terminals | Public terminal available for free record searches at most county courthouse locations | Search for Court Locations and websites using the search tool on the Florida Courts website |
| State Court Websites | Access to docket information and online records from the State District and Appellate Courts | Florida Courts Website and Florida Appellate Case Information System |
Common Crimes Classified as First Degree Felonies in Florida
According to Florida law, cases classified as first-degree felonies must meet the required condition. They are the next offense in severity after life offenses and capital offenses. First-degree felonies typically carry a sentence of 30 years to life in prison in addition to a fine of up to $10,000, depending on the details of the crime. Crimes considered first-degree felonies in Florida include the following:
- Aggravated assault: This is typically an assault or the attack of an individual with a deadly weapon, such as a knife or firearm. The data on the FBI crime data explorer shows that in 2024, approximately 29000 aggravated assaults were reported in Florida.
- Human trafficking: This is the use of threats, fraud, or force to make use of another individual for labour or commercial sex acts. According to the FBI crime data explorer, 163 cases of human trafficking were reported in 2024.
- Armed Robbery with a weapon: This is the act of taking another person’s property using a weapon. The data for Florida from the FBI database shows that approximately 6700 cases of armed robbery were reported in 2024.
- Embezzlement: This is a form of grand theft involving large amounts of property or money(worth up to $100,000) that the offender was entrusted with. Data on the FBI Crime Data Explorer shows that 967 cases of embezzlement were reported in 2024.
| Crime | Description |
|---|---|
| Aggravated Assault | Assault with a deadly weapon with intent to commit a crime, but usually NOT the intent to kill. Fla. Stat. § 784.021 |
| Human Trafficking | Knowingly and with reckless regard, recruiting by force, enticing, or transporting another person with the intent of exploiting them. (commercial sexual servitude or forced labor) Fla. Stat. § 787.06 |
| Embezzlement | Criminally obtaining or using another person's money or property with the intent to deprive. Usually prosecuted as first degree if the value is over $100,000 |
| Aggravated Robbery | The act of forcefully taking money or property with the intent to deprive, using a deadly weapon such as a firearm. Fla. Stat. § 812.13(2)(a–b). |
Prison Sentences and Fines for First Degree Felonies in Florida
Under Florida law, the various felonies carry different sentences and fines depending on the severity of the case. First-degree felonies are some of the most serious crimes and incur high prison sentences plus restitution or fines, depending on the offense. Sentences are decided on a case-by-case basis and may increase based on aggravating factors in the case, such as intent, violence, use of weapons, and serial offenders.
The following table shows sentences and fines for various first-degree felonies in Florida.
| Felony | Prison Sentence Range | Fines |
|---|---|---|
| Armed robbery with a deadly weapon | Up to 30 years in prison. It can be escalated to life in prison for various reasons. For example, if the weapon was used or the victim died | At least $10,000 |
| Drug Trafficking (cocaine) | Minimum of 7 years to 30 years, depending on the amount of drugs trafficked. | Up to $10,000. Fines may be set higher according to factors in the case, such as monetary gains |
| Aggravated Child Abuse | Up to 30 years in prison | Up to $10,000 |
| Carjacking with a deadly weapon | 30 years in prison. It may be increased to life if the weapon was used. | Up to $10,000 |
What is the Maximum Sentence for a First Degree Felony in Florida?
The general maximum possible prison sentence for a first-degree felony in Florida under Florida Statutes § 775.082(3)(b)1 is 30 years. However, the specific statutes for certain crimes allow them to be punishable by life in prison, depending on the factors of the case. Factors that may escalate the statutory sentence include the following:
- Use of a deadly weapon during the crime.
- The victim suffers serious harm, permanent disability, or death.
- The crime is a hate crime motivated by prejudice against race, ethnicity, or another protected class.
- The criminal is a serial offender.
First-degree felonies may also have fines of up to $10,000 attached to their sentence. The fine may be adjusted to double the financial gain from the crime or the victim's loss, whichever is greater.
What is First Degree Murder in Florida?
Although it is named as first-degree murder, the offense is not classified as a first-degree felony in Florida. Florida law classifies it as a capital felony, which is the most serious classification of offense under Florida’s legal system. Florida Statutes § 782.04(1)(a) defines first-degree murder as either of the following:
- The unlawful premeditated killing of a person
- The killing of a person while committing certain listed felonies in Florida Statutes § 782.04(2)
First-degree murder in Florida is a capital felony and carries a different penalty from first-degree felonies. The penalties for capital felonies in Florida are either the death penalty or life in prison without the possibility of parole. First-degree murder is one of the few felonies in Florida where the death penalty can be applied. This decision usually depends on aggravating factors that are proven in the case, and if the jury recommends it.
Can First Degree Felony Records Be Sealed or Expunged in Florida?
Expungement and sealing of records in Florida mean the removal of a criminal record from an individual’s public record. This means that the general public may no longer be able to access the record, though certain government agencies and law enforcement may still be able to access such records.
A record of a first-degree felony may only be sealed or expunged if the suspect meets the following criteria:
- The offender was a juvenile when they committed the crime
- The offender was charged with a first-degree felony, but the prosecutor dropped the case, the case was dismissed, or the offender was acquitted after a trial.
- The offender has no prior convictions for any offence
- The offender has no prior records sealed or expunged in Florida
Under Florida Statutes 943.0584, most first-degree felony convictions do not qualify for sealing or expungement. This means that if the defendant was convicted and served the penalties for a first-degree felony in Florida, the record of this conviction cannot be sealed and can be accessed by the general public indefinitely.
Difference Between First Degree and Second Degree Felonies in Florida
First-degree and second-degree felonies are two classifications of crimes in Florida. Both are classifications for serious offenses, with first-degree felonies being the more serious of the two, with more severe penalties. Florida Statutes § 775.082 sets the penalties for these offenses at 30 years imprisonment for first-degree felonies and 15 years imprisonment for second-degree felonies. Both classes of felonies may also incur fines of up to $10,000. Examples of these felonies include aggravated assault with a weapon, armed robbery, and large-scale drug offenses. Others include burglary of a dwelling, manslaughter, and aggravated battery for second-degree felonies. It should be noted that aggravating factors such as violence, death, and use of a deadly weapon may escalate felonies to more serious offenses.
The following table provides at-a-glance details for first-degree and second-degree felonies in Florida.
| Felony Level | Common Crimes | Penalty Ranges |
|---|---|---|
| First-degree felonies | Aggravated robbery, Aggravated assault with a deadly weapon, embezzlement, and large-scale drug trafficking | Up to 30 years imprisonment and $10,000 fine |
| Second-degree felonies | Felony DUI, manslaughter, aggravated, trafficking in stolen property, and burglary of a dwelling | Up to 15 years imprisonment and $10,000 fine |
Statute of Limitations for First Degree Felony Charges in Florida
The statute of limitations is the deadline for legal action or filing criminal charges in a case. According to Florida Statutes § 775.15, the statute of limitations for a first-degree felony is 4 years in Florida. This means that prosecutors for the state must file charges against suspects in first–degree felony cases within 4 years of the crime being committed. Where a first-degree felony is aggravated by factors such as a crime against minors, use of a weapon, or death, the statute of limitations may be removed completely, and prosecution may take place at any time.
Probation and Parole Eligibility for First Degree Felonies in Florida
Probation in Florida can be explained as court-ordered supervision of a criminal instead of prison. Although it is rare, a judge may sentence a first-degree felon to probation instead of jail time. This will depend on the type of crime; some non-violent crimes may qualify for probation, however, more serious first-degree felonies, such as violent and sexually-based crimes, do not qualify. If granted, the defendant must follow strict rules, including avoiding new crimes, seeking and maintaining employment, and checking in regularly with a court-appointed officer.
On the other hand, parole is no longer available for first-degree felonies. Florida banned parole for any offenses committed after October 1st, 1983. It will only apply to crimes committed before that date.
| Term | Definition | Eligibility for First-Degree Felons |
|---|---|---|
| Parole | Early release from prison with court-ordered supervision | Abolished for most crimes in Florida on October 1st, 1983. |
| Probation | Court-ordered supervision instead of a prison sentence | Sometimes, judges typically order this for non-violent offenses or specific crimes not excluded by law. |
Impact of a First Degree Felony Conviction on Criminal Records in Florida
Conviction for a first-degree felony in Florida may have serious and lasting consequences for a person that extend beyond the courts. As most first-degree convictions cannot be sealed or expunged, these public records can be accessed by anybody, including employers, licensing authorities, landlords, and the general public.
Such a record may affect employment in many jobs. Employment in sensitive fields or with sensitive parties, such as children, may require background checks and typically excludes convicted felons. Housing may also become difficult to obtain, as landlords may view applicants with serious convictions, such as first-degree felons, as risky tenants.
A first-degree felony conviction may also affect civil rights. Under Florida law, convicted felons lose their voting and firearms rights, which may only be restored after a long process, if at all. Such a conviction may also result in immigration penalties, like denial of naturalization and deportation for non-citizens.