Florida criminal charge
Affrays and riots in Florida
Affrays and riots is a criminal offense under Florida law, defined by Fla. Stat. § 870.01. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 870.01.
What is the penalty for affrays and riots in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Affray — A person engages by mutual consent in fighting with another in a public place to the terror of the people.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Affray — A person engages by mutual consent in fighting with another in a public place to the terror of the people.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Riot — A person willfully participates in a violent public disturbance with three or more persons acting with common intent, resulting in injury, property damage, or imminent danger of either.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Riot — A person willfully participates in a violent public disturbance with three or more persons acting with common intent, resulting in injury, property damage, or imminent danger of either.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Aggravated rioting — In the course of a riot, the person participates with 25 or more others, causes great bodily harm to a non-participant, causes property damage over $5,000, displays or uses a deadly weapon, or endangers safe movement of a vehicle by force or threat.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Aggravated rioting — In the course of a riot, the person participates with 25 or more others, causes great bodily harm to a non-participant, causes property damage over $5,000, displays or uses a deadly weapon, or endangers safe movement of a vehicle by force or threat.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Inciting a riot — A person willfully incites another to participate in a riot, resulting in a riot or imminent danger of a riot.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Inciting a riot — A person willfully incites another to participate in a riot, resulting in a riot or imminent danger of a riot.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Aggravated inciting a riot — A person incites a riot resulting in great bodily harm to a non-participant, property damage over $5,000, or supplies/teaches preparation of a deadly weapon intended for unlawful use in a riot.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Aggravated inciting a riot — A person incites a riot resulting in great bodily harm to a non-participant, property damage over $5,000, or supplies/teaches preparation of a deadly weapon intended for unlawful use in a riot.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is affrays and riots classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Affray | Misdemeanor of the First Degree | A person engages by mutual consent in fighting with another in a public place to the terror of the people. | Fla. Stat. § 870.01(1) |
| Riot | Felony of the Third Degree | A person willfully participates in a violent public disturbance with three or more persons acting with common intent, resulting in injury, property damage, or imminent danger of either. | Fla. Stat. § 870.01(2) |
| Aggravated rioting | Felony of the Second Degree | In the course of a riot, the person participates with 25 or more others, causes great bodily harm to a non-participant, causes property damage over $5,000, displays or uses a deadly weapon, or endangers safe movement of a vehicle by force or threat. | Fla. Stat. § 870.01(3) |
| Inciting a riot | Felony of the Third Degree | A person willfully incites another to participate in a riot, resulting in a riot or imminent danger of a riot. | Fla. Stat. § 870.01(4) |
| Aggravated inciting a riot | Felony of the Second Degree | A person incites a riot resulting in great bodily harm to a non-participant, property damage over $5,000, or supplies/teaches preparation of a deadly weapon intended for unlawful use in a riot. | Fla. Stat. § 870.01(5) |
Common questions about affrays and riots in Florida
Is affrays and riots a felony or a misdemeanor in Florida?
It depends on the circumstances: affrays and riots ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 870.01.
Affray: Misdemeanor of the First Degree (Fla. Stat. § 870.01(1)) · Riot: Felony of the Third Degree (Fla. Stat. § 870.01(2)) · Aggravated rioting: Felony of the Second Degree (Fla. Stat. § 870.01(3)) · Inciting a riot: Felony of the Third Degree (Fla. Stat. § 870.01(4)) · Aggravated inciting a riot: Felony of the Second Degree (Fla. Stat. § 870.01(5))
What are the penalties for affrays and riots in Florida?
Penalties for affrays and riots in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers affrays and riots?
Affrays and riots is governed by Fla. Stat. § 870.01 (Affrays and riots).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.