Criminal penalties in Florida
Checked in October 2026 against the Florida Statutes (2025).
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Florida sets penalties
- Florida sorts crimes into capital felonies, life felonies, first-, second- and third-degree felonies, and first- and second-degree misdemeanors, and sets the maximum for each in § 775.082.
- A first-degree felony carries up to 30 years, or up to life when the statute says so. A second-degree felony carries up to 15 years, a third-degree felony up to 5 years.
- A first-degree misdemeanor carries up to 1 year in jail, and a second-degree misdemeanor up to 60 days.
- Fines are capped by class in § 775.083: $15,000 for a life felony, $10,000 for a first- or second-degree felony, $5,000 for a third-degree felony, $1,000 for a first-degree misdemeanor and $500 for a second-degree misdemeanor.
- Florida also has minimum-mandatory sentences for some crimes involving firearms or repeat offenders (for example § 775.087 and § 775.084). These are not shown here.
Death penalty: Florida's law allows a sentence of death for a capital felony, such as first-degree murder (§ 775.082(1)). Where death is not imposed, the sentence is life imprisonment with no parole.
First-degree murder
Death, or life imprisonment with no parole
Murder in the first degree (Capital felony)
- Least
- No minimum term set by the statute
- Most
- Death, or life imprisonment with no parole
A person under 18 at the time cannot receive death. For such a person the sentence is life or a long term of years after a sentencing hearing (§ 775.082).
Second-degree murder
Up to life imprisonment
Murder in the second degree (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
Murder in the second degree is a first-degree felony punishable by a term of years up to life (§ 782.04(2)).
Voluntary manslaughter
Up to 15 years
Manslaughter (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Florida has one manslaughter offence. It covers killing by act, procurement or culpable negligence that is not murder or excusable homicide, including killing in the heat of passion. Aggravated manslaughter (of a child, an elderly person or an officer) is a first-degree felony.
Robbery
Up to 15 years (unarmed) up to life (armed)
Robbery with no weapon (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Robbery with a weapon (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years (up to life where the statute says so)
- Fine
- Fine of up to $10,000
Where the offender carried a weapon (not a firearm or deadly weapon), a first-degree felony.
Robbery with a firearm or other deadly weapon (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
A first-degree felony punishable by a term of years up to life.
Burglary
Up to 5 years (third degree) up to life (first degree)
Burglary in the third degree (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $5,000
Burglary in the second degree (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
For example, burglary of a dwelling, or of a structure or conveyance with a person inside.
Burglary in the first degree (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
Where the offender makes an assault or battery, or is armed. A first-degree felony punishable by a term of years up to life.
Arson
Up to 15 years (second degree) up to 30 years (first degree)
Arson in the second degree (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Arson in the first degree (a dwelling, or a structure the person knew or had reason to believe was occupied) (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years
- Fine
- Fine of up to $10,000
Aggravated assault
Up to 5 years (aggravated assault) up to 15 years (aggravated battery)
Aggravated assault (an assault with a deadly weapon, or intending to commit a felony) (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $5,000
A firearm can trigger a minimum-mandatory term under § 775.087.
Aggravated battery (a battery causing great bodily harm, or with a deadly weapon) (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Rape and sexual assault
Up to 15 years up to life, or death in the most serious case
Sexual battery on an adult without the use of such force (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Sexual battery under listed circumstances, or with such force (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
A first-degree felony, punishable in some cases by a term of years up to life.
Sexual battery on a child under 12 by a person 18 or older (Capital felony)
- Least
- No minimum term set by the statute
- Most
- Death, or life imprisonment with no parole
A capital felony, punishable as provided in §§ 775.082, 921.141 and 921.1425.
Florida calls this 'sexual battery'. The class depends on the age of the victim and whether physical force and violence likely to cause serious injury was used.
Kidnapping
Up to life imprisonment
Kidnapping (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
A first-degree felony punishable by a term of years up to life.
Embezzlement
Up to 60 days (petit theft) up to 30 years (grand theft, first degree)
Petit theft in the second degree (Misdemeanor of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 60 days in jail
- Fine
- Fine of up to $500
Petit theft in the first degree (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in jail
- Fine
- Fine of up to $1,000
Grand theft in the third degree (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $5,000
Grand theft in the second degree (Felony of the second degree)
- Least
- No minimum term set by the statute
- Most
- Up to 15 years
- Fine
- Fine of up to $10,000
Grand theft in the first degree (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 30 years
- Fine
- Fine of up to $10,000
Florida treats embezzlement as theft (§ 812.014). The degree depends on the value of the property taken, and on some kinds of property.
Forgery
Up to 5 years
Forgery of a public record, certificate or similar document (Felony of the third degree)
- Least
- No minimum term set by the statute
- Most
- Up to 5 years
- Fine
- Fine of up to $5,000
Forgery of other documents is covered by other sections of chapter 831, with similar penalties.
Drunk driving, first offence
Up to 6 months in jail and a fine of $500 to $1,000
Driving under the influence, first conviction (Misdemeanor of the first degree)
- Least
- No minimum term set by the statute
- Most
- Up to 6 months in jail
- Fine
- Fine of $500 to $1,000
If the alcohol level was 0.15 or more, or a minor was in the vehicle, the fine is $1,000 to $2,000 and the jail term up to 9 months. The offence is a felony if it causes serious bodily injury, and a second-degree felony or higher if it causes death.
Compare with: Iowa, Arizona, California, New York, Texas, Virginia, Washington, Maryland.
