Misdemeanors

“Little” things can kill you, too.

Second Degree Misdemeanor – Maximum Penalties

  • 60 days in jail
  • 6 months of probation
  • $500 fine

First Degree Misdemeanor – Maximum Penalties

  • 1 year in jail
  • 1 year of probation
  • $1,000 fine

Habitual Misdemeanor Offender (HMO) – Misdemeanor Sentencing Enhancement

  • Currently being sentenced on a specified misdemeanor, and
  • Previously convicted (regardless of whether a withhold was given) of 4 or more specified misdemeanors
    • The prior convictions are separate offenses (basically, not arising from the same episode), and
    • The prior convictions were committed within 1 year of the commission of the current offense.

HMO Sentencing

UNLESS the court finds that an alternative disposition is in the best interests of the community and the defendant, the court SHALL impose:

  • Between 6 months and 1 year in jail,
  • Between 6 months and 364 days in a residential treatment program, or
  • Between 6 months and 364 days supervised detention in a designated residence.

Qualifying Misdemeanors – those misdemeanors listed in the following chapters of the Florida Statutes:

Ch. 741 – Domestic Violence

Ch. 784 – Assault; Battery; Culpable Negligence

Ch. 790 – Weapons and Firearms

Ch. 796 – Prostitution

Ch. 800 – Lewdness; Indecent Exposure

Ch. 806 – Arson and Criminal Mischief

Ch. 810 – Burglary and Trespass

Ch. 812 – Theft, Robbery and Related Crimes

Ch. 817 – Fraudulent Practices

Ch. 831 – Forgery and Counterfeiting

Ch. 832 – Violations Involving Checks and Drafts

Ch. 843 – Obstructing Justice

Ch. 856 – Drunkeness; Open House Parties; Loitering; Prowling; Desertion

Ch. 893 – Drug Abuse Prevention and Control

Ch. 901 – Arrests (False Name/False Identification when Arrested or Lawfully Detained)