Florida Felony Classifications
Florida, like any state, has two criminal classifications: felony and
misdemeanor. A felony is a crime that is punishable by more than one
year imprisonment in a state prison. Generally, should a crime require
less than one year imprisonment, it will be classified as a misdemeanor.
Some common felonies include: assault, battery, carjacking, homicide,
incest, kidnapping, robbery, sexual battery, stalking and theft.
Punishment for a felony can range between one year and death, depending
on the felony and degree of the felony. Florida also classifies some
crimes as a noncriminal violation. Noncriminal violations are
punishable by a fine, forfeiture or civil remedy.
Florida has five degrees for felony offenses: Felony in the third degree, felony in the second degree, felony in the first degree, life felony and capital felony. A felony is
classified based on the maximum penalty allowed by law should one be
found guilty of the associated crime.
Felony in the Third Degree
A felony in the third degree is punishable by no more than five years
imprisonment in a state prison and a fine of up to five thousand
dollars. In addition, the defendant may also be ordered to pay the
victim restitution as ordered by the court.
Felony in the Second Degree
A felony in the second degree is punishable by no more than fifteen
years imprisonment in a state prison and a fine of up to ten thousand
dollars. In addition, the defendant may also be ordered to pay the
victim restitution as ordered by the court.
Felony in the First Degree
A felony in the first degree is punishable by no more than thirty years
imprisonment in a state prison and a fine of up to ten thousand
dollars. In addition, the defendant may also be ordered to pay the
victim restitution as ordered by the court.
Life Felony
A life felony is punishable by forty years to life imprisonment in a
state prison and a fine of up to fifteen thousand dollars. In addition,
the defendant may also be ordered to pay the victim restitution as
ordered by the court.
Capital Felony
A capital felony is punishable by death or life imprisonment with out
the possibility of parole in a state prison. In addition, the defendant
may also be ordered to pay the victim restitution as ordered by the
court.
Expungement of a Criminal Record in
Florida
An expungement takes place when a judge seals one's criminal record.
This makes the record no longer public. A judge will not grant an
expungement until the case has been resolved. Record expungement will
often make obtaining a job easier because future employers can no
longer search the expungee's past criminal record and the expungee does
not have to report to future employers that he or she was convicted of
a past crime. In essence, an expungement wipes a person's slate clean,
allowing him or her to start over without the looming pervious record.
The court will usually allow for any records associated with criminal
file to be expunged. This would include police reports, investigation
reports, and other reports leading up to the conviction. The
expungement will not end here, all records of the detention or
correctional facility and court documents related to the case can also
be expunged.
Determining Expungement Eligibility
Some felony offenses are eligible for expungement in Florida. Before a
person applies for expungement, the following criteria must be met:
he/she has not been found guilty of a delinquent crime as a
juvenile
he/she did not pled "guilty" or "no contest" to the offense to be
expunged
he/she has not been found guilty of a crime as an adult
The expungee will also need to pay all associated court costs and fees
as have completed probation before applying for expungement. If the
above criteria have not been met, then the person may not be eligible
for expungement; it will be in the judge's discretion. Judges are
usually very strict with these qualifications.
If a person's probation period is not completed but the sentence has
been completed and all fines have been paid, many jurisdictions will
allow for the defendant to file for a probation modification. A
probation modification will allow a judge to determine if the defendant
has displayed outstanding performance while on probation and thus
merits a modification to a lesser probation period.
Crimes that Cannot be Expunged
Not all felonies can be expunged. Below is a complete list of felonies
that are not eligible for expungement. If a person pleads "guilty" or
"no contest" to any of the charges that are below, he/she will not be
eligible for expungement or sealing:
ok so i was caught for graffitti and the judge gave me nine months probation 24 hours of comununity service and substance abuse and get my Ged i completed everything EXCEPT recieving my ged within the nine months and after being relased off probation i was not told or notified that i recieved a felony im guessing becuase i didnt get my ged but now i have it so you think they would expunge my class 6 felony criminal damage?
Like this comment? [yes] [no]
(Score: 0 yes, 0 no)
I am in my thirties, served 14,years in the military. About two years ago I was convicted in VA on check charges(forgery, uttering, etc) white collar crime. I did 7 mo and am finishing my po I paid the checks off before court and now am paying on fines and court cost. I would love nothing more than to finish my military career however I need to have my felony exponged. Is it possible?
Like this comment? [yes] [no]
(Score: 0 yes, 0 no)
no it depends on whether you helped plan it then it is conspiracy if you knew about it during the act then it is accesory during the fact or if you knew about it afterwards is accesory after the fact
Like this comment? [yes] [no]
(Score: 0 yes, 0 no)