Florida criminal charge
Penalty for violations of ss. 849.15-849.22 in Florida
Penalty for violations of ss. 849.15-849.22 is a criminal offense under Florida law, defined by Fla. Stat. § 849.23. 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. § 849.23.
What is the penalty for penalty for violations of ss. 849.15-849.22 in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (First violation — Applies to a first violation of any provision of ss. 849.15-849.22.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (First violation — Applies to a first violation of any provision of ss. 849.15-849.22.; 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 1 year (Second violation — Applies when a person is convicted a second time of violating any provision of ss. 849.15-849.22.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Second violation — Applies when a person is convicted a second time of violating any provision of ss. 849.15-849.22.; 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 (Third or subsequent violation (common offender) — Applies when a person violates any provision of ss. 849.15-849.22 after having been twice convicted already.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Third or subsequent violation (common offender) — Applies when a person violates any provision of ss. 849.15-849.22 after having been twice convicted already.; 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 penalty for violations of ss. 849.15-849.22 classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First violation | Misdemeanor of the Second Degree | Applies to a first violation of any provision of ss. 849.15-849.22. | Fla. Stat. § 849.23undefined |
| Second violation | Misdemeanor of the First Degree | Applies when a person is convicted a second time of violating any provision of ss. 849.15-849.22. | Fla. Stat. § 849.23undefined |
| Third or subsequent violation (common offender) | Felony of the Third Degree | Applies when a person violates any provision of ss. 849.15-849.22 after having been twice convicted already. | Fla. Stat. § 849.23undefined |
Common questions about penalty for violations of ss. 849.15-849.22 in Florida
Is penalty for violations of ss. 849.15-849.22 a felony or a misdemeanor in Florida?
It depends on the circumstances: penalty for violations of ss. 849.15-849.22 ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 849.23.
First violation: Misdemeanor of the Second Degree (Fla. Stat. § 849.23) · Second violation: Misdemeanor of the First Degree (Fla. Stat. § 849.23) · Third or subsequent violation (common offender): Felony of the Third Degree (Fla. Stat. § 849.23)
What are the penalties for penalty for violations of ss. 849.15-849.22 in Florida?
Penalties for penalty for violations of ss. 849.15-849.22 in Florida depend on how it is classified — from a Misdemeanor of the Second 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 penalty for violations of ss. 849.15-849.22?
Penalty for violations of ss. 849.15-849.22 is governed by Fla. Stat. § 849.23 (Penalty for violations of ss. 849.15-849.22).
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.