Florida criminal charge
Punishment on second conviction in Florida
Punishment on second conviction is a Misdemeanor of the First Degree under Florida criminal law, defined by Fla. Stat. § 849.13. As a Misdemeanor of the First Degree, it is punishable within the statutory sentencing range Florida sets for that offense class. Florida sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.
Defined by Fla. Stat. § 849.13.
What is the penalty for punishment on second conviction in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (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).
Common questions about punishment on second conviction in Florida
Is punishment on second conviction a felony or a misdemeanor in Florida?
Punishment on second conviction is a Misdemeanor of the First Degree in Florida under Fla. Stat. § 849.13.
What are the penalties for punishment on second conviction in Florida?
As a Misdemeanor of the First Degree, punishment on second conviction carries up to 1 year (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $1,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).
Which Florida statute covers punishment on second conviction?
Punishment on second conviction is governed by Fla. Stat. § 849.13 (Punishment on second conviction).
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.