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:
Hello everyone. If you or someone you know has a felony out of tennessee and you want relief cause you can not find a good job or someone you love. we need to stand together we are still citizens. email secondchance@yahoo.com
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Yes we are u.s citizens but when someone gets a felony the u.s shuns them an= d are considered an outcast. I got my first and only federal felony here in A= rkansas and as u know a federal felony cannot be hidden or removed. I sold 7= 0 copied software CDs on blank CDs and did 4 months in federal and no priors= not even a speeding ticket. Can't carry a concealed weapon can't do the job= career I want, I might as well be living over in Russia.=20
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I spanked a cild and they charged me with child abuse but didn't do barely three months in jail it is a class d felony in tn can it be expunged and how hard will it be to get done
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I think its bad that a person can't find a good job because they have a. Felony charge on their record.how sre you suppose to survive and make a decent living?
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Permanent Link melissa curtsinger
Friday, January 6, 2012
My brother at 17 stole a car with other 3 kids age 16, he was the only one charged as an adult bc he was few weeks of been 18, he is now 25 and as a family has hurt us, he has since then been turn down in every possible job and falls contantly in depression and in denial and wont or stand to go and look for proffesional help because he doesnt want to caused anymore financial burn for us, school gets denied, health care aka medicaid wont be given bc he has no job but cant get a job and we faced a constant battle emotionally and financially. Only God gives us peace, he is a great kid but for a stupid imature decicion he has turn in to a nobody for society.
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The system is not fare.if your rich,you get away with murder.poor,plea bargain is your best opption.p,d tell you.take the deal or your.!.!..@%$#!!after you pay sociaty for your mistakes.you still get remined of you past.its 99% imposible to erase the past.the law is quike to punish you.convict you.and forget about you.there is no programs.some paper work you can file.but the odds are not in your favor.if GOD con forgive sin.why cant mankind do the same?are we above he's law?we need a way to fix are past.nobody is perfect in this world.but we learn from are mistakes.by then its to late,and we stand alone.with no forgivinss.
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Many restaurants will hire him to work in the kitchen. Also warehouse work. If he has construction skills, he can get a job doing that or start as a helper and learn on the job. Believe it or not, hospitals will sometimes hire felons, usually for kitchen or custodian work. Sounds like he would really benefit from being treated for depression. Good luck to him and to your famiily.
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If you or someone you know is in distress....my bro had a similar problem and is working...try UPS..landscapers post Spring job ads to start...just be honest and state it was a stupid mistake as a teen.
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I completely understand your situation with your brother. I am engaged to a 24 yr old with a felony charge which is very similar to what you wrote about what happened with ur brother. My fiance' was also young and made a stupid, immature mistake (NON drug
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If a gun owner gets convicted of a felony or class A misdemeanor what does the law require be done with the guns that person legally owned prior to the conviction?
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I feel I have lawsuit's on my hands........
I'm half Comanche /Nookesack
and all the woman and brother in-law in my life are giving me hard time trying to claim stuff that I paid for all my life....
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I feel I have lawsuit's on my hands......
I'm half Comanche/Nookesack and all the woman and brother in-law in my life are giving me hard timetrying to claim stuff that I paid for all my life.....
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