Felony vs. Misdemeanor in Florida: What’s the Difference (and Why It Matters)
Torres Law | Updated October 2025
If you or a loved one has been arrested in Florida, one of the first questions is whether the charge is a misdemeanor or a felony. That label impacts potential jail or prison time, the negotiation strategy, and long-term consequences for work, housing, licensing, and immigration. Below, our criminal defense team explains the key differences—and what to do next. To learn more about our approach, visit our Criminal Defense page or contact our team through the consultation form.
What Is a Misdemeanor in Florida?
A misdemeanor is generally a less serious criminal offense. In Florida, it is punishable by up to one year in a county jail, plus fines, probation, community service, and other court-ordered conditions.
Examples may include: petty theft, simple assault or battery (depending on facts), simple possession, and some first-offense DUI cases (fact- and history-dependent).
A misdemeanor conviction still matters: it can appear on background checks and create collateral issues. Our attorneys work to protect your record, explore diversion where available, and reduce or dismiss charges when possible. Learn more on our Criminal Defense page.
What Is a Felony in Florida?
A felony is a more serious charge and typically involves increased harm, weapons, larger amounts of money, or repeat conduct. In Florida, felonies are punishable by more than one year in state prison, and some offenses carry mandatory minimum sentences.
Examples may include: robbery, aggravated battery, burglary, trafficking-level drug offenses, serious fraud/embezzlement, and certain sex offenses.
Felony convictions often carry lasting consequences: limits on certain civil rights, barriers to professional licenses, and difficulties securing employment and housing. Early case review and motion practice (e.g., suppression of unlawfully obtained evidence) can be decisive. Meet the team on our Our Team page.
Felony vs. Misdemeanor at a Glance
| Factor | Misdemeanor | Felony |
|---|---|---|
| Seriousness | Lower | Higher |
| Potential Incarceration | Up to 1 year (county jail) | More than 1 year (state prison) |
| Common Examples | Petty theft, simple battery | Robbery, aggravated battery, fraud |
| Record Impact | Significant; some outcomes may allow sealing/expungement | Often severe and lasting; may restrict certain civil rights |
| Defense Focus | Diversion, negotiations, protecting future opportunities | Early motions, evidentiary challenges, trial readiness |
Tip: Early intervention can open more options—charge reductions, diversion, or suppression of evidence when rights were violated. Start a confidential review via our Contact page.
Why the Distinction Matters
- Strategy & Resources: Felony cases often require deeper investigation, expert analysis, and motion practice. Misdemeanors move quickly and still benefit from early advocacy.
- Collateral Consequences: Either type can affect work, housing, licensing, and immigration. Your lawyer’s job is to protect your rights and your future.
- Opportunities for Relief: Depending on the charge and outcome, you may be eligible to pursue record sealing or expungement.
What To Do If You’ve Been Charged
- Use your rights. Remain silent and ask for an attorney.
- Call a defense lawyer promptly. Early action can impact bail, charging decisions, and evidence preservation.
- Know the basics. Florida statutes define felonies and misdemeanors; see § 775.08.
Have questions about your case? Start here: Criminal Defense | Request a Consultation | Visit our Blog.
Quick FAQ
Can a misdemeanor be upgraded to a felony?
In some situations, added facts or enhancements can increase severity. Your attorney can assess whether the evidence supports the degree charged and challenge improper enhancements.
Will a first offense automatically be a misdemeanor?
No. Charge level depends on the statute and facts—not your prior record. First-offense felonies are possible under Florida law.
If my case is dismissed, is my record clean?
Dismissal helps, but the arrest can still appear on background checks. You may be eligible for sealing or expungement depending on the offense and outcome. See FDLE’s guidance.
Talk to a Florida Criminal Defense Attorney
The sooner you involve counsel, the more options you may have—especially for preserving defenses, challenging evidence, or pursuing a reduction from felony to misdemeanor where appropriate. Ready to talk? Request a confidential case review or learn more about our team on Our Team.
