Florida criminal charge
Refusal to execute criminal process in Florida
Refusal to execute criminal process is a Misdemeanor of the First Degree under Florida criminal law, defined by Fla. Stat. § 839.20. 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. § 839.20.
What is the penalty for refusal to execute criminal process 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 refusal to execute criminal process in Florida
Is refusal to execute criminal process a felony or a misdemeanor in Florida?
Refusal to execute criminal process is a Misdemeanor of the First Degree in Florida under Fla. Stat. § 839.20.
What are the penalties for refusal to execute criminal process in Florida?
As a Misdemeanor of the First Degree, refusal to execute criminal process 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 refusal to execute criminal process?
Refusal to execute criminal process is governed by Fla. Stat. § 839.20 (Refusal to execute criminal process).
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.