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Florida criminal charge

Penalties in Florida

Current through 2026 Florida legislative session

Penalties is a criminal offense under Florida law, defined by Fla. Stat. § 817.67. 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. § 817.67.

What is the penalty for penalties in Florida?

Penalties for Penalties
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Offense subject to subsection (1) penalties — Applies when a person is subject to the penalties of subsection (1).; county jail, not state prison (s. 775.08(2)))discretionaryFla. Stat. § 775.082
Fineup to $1,000 (Offense subject to subsection (1) penalties — Applies when a person is subject to the penalties of subsection (1).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g)))discretionaryFla. Stat. § 775.082
Jail / prisonup to 5 years (Offense subject to subsection (2) penalties — Applies when a person is subject to the penalties of subsection (2).)discretionaryFla. Stat. § 775.082
Fineup to $5,000 (Offense subject to subsection (2) penalties — Applies when a person is subject to the penalties of subsection (2).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g)))discretionaryFla. Stat. § 775.082

Applies to current (2025 Florida Statutes).

How is penalties classified in Florida?

The classification depends on the circumstances:

Classification variants for Penalties
VariantClassificationWhen it appliesStatute
Offense subject to subsection (1) penaltiesMisdemeanor of the First DegreeApplies when a person is subject to the penalties of subsection (1).Fla. Stat. § 817.67(1)
Offense subject to subsection (2) penaltiesFelony of the Third DegreeApplies when a person is subject to the penalties of subsection (2).Fla. Stat. § 817.67(2)

Common questions about penalties in Florida

Is penalties a felony or a misdemeanor in Florida?

It depends on the circumstances: penalties ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 817.67.

Offense subject to subsection (1) penalties: Misdemeanor of the First Degree (Fla. Stat. § 817.67(1)) · Offense subject to subsection (2) penalties: Felony of the Third Degree (Fla. Stat. § 817.67(2))

What are the penalties for penalties in Florida?

Penalties for penalties in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third 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 penalties?

Penalties is governed by Fla. Stat. § 817.67 (Penalties).

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.