Florida Criminal Law

Florida criminal law is comprised of a series of statutes that present details of crimes and their corresponding punishments covering a range of offenses against persons, property, or the public welfare. The information below is a small selection of the criminal code covering some common offenses and trial procedures in Florida and is merely introductory. Consulting a Florida criminal defense attorney with any specific questions or legal needs is advisable.

Drug Possession in Florida

Possession of drugs in Florida can result in serious consequences depending on the type and quantity of the drug, and whether or not the possession is coupled with intent to sell the controlled substance. Possession and intent to distribute in Florida can be very serious offenses. If arrested, contact a Florida defense attorney for specific information and possible defenses. The following are some examples of punishments for common illegal substances such as marijuana, cocaine, heroin, or other narcotics.

• Marijuana offenses in Florida
• Possession of fewer than 20 grams is a 1st degree misdemeanor punishable by up to 1 year in jail and $1,000 in fine
• Possession of 20 grams or more can result in a felony conviction, up to 5 years in prison, and a $5,000 fine
• Sale of marijuana between 20 grams and 25 pounds is a felony, and the conviction can result in 5 years in prison and up to a $5,000 fine
• Distributing over 25 pounds of marijuana triggers the minimum sentencing range from 3 –15 years, and fines from $25,000 to $200,000.
• For serious quantities, a judge can sentence a defendant to life in prison.

• Controlled substance offenses in Florida
• Possession of 10 grams or less of a controlled substance such as cocaine, heroin, ecstasy, or methamphetamines is a felony with a penalty of up to 5 years in prison and a $5,000 fine.
• For quantities greater than 10 grams, the felony is a first-degree felony and a defendant faces up to 30 years in prison and a $10,000 fine.
• Sale of narcotics - sale of cocaine in quantities less than 150 kilograms can present penalties ranging from 3 –15 years mandatory minimum sentences, and fines up to $250,000
• Quantities greater than 150 kilograms can result in life imprisonment
• Other drugs, such as heroin, punish sales of less than 30 kilograms with mandatory minimum sentences ranging from 3 –15 years, and possible life sentence for quantities over 30 kilograms

Assault in Florida

An assault charge in Florida can arise when an accused threatens imminent physical harm to another, and the threat creates a legitimate fear that such harm is imminent.

• Assault is a misdemeanor and is punishable by up to 60 days in jail and/or a $500 fine
• Aggravated Assault in Florida (if the accused uses a deadly weapon with intent to kill, or intent to commit some felony), can result in a prison term of up to 5 years and/or a fine up to $5,000

Battery is commonly associated with assault, and in Florida battery occurs when an accused intentionally touches another against that individual's will, or intentionally causes harm to another.

• Battery in Florida is a serious misdemeanor punishable by up to 1 year in jail and/or a fine of $1,000
• Aggravated Battery, if the accused causes great bodily harm, or uses a weapon to commit the crime, may be punishable by imprisonment up to 15 years, and/or a fine of up to $10,000

Florida Drunk Driving - DUI

A DUI charge in Florida is a very serious offense, and should not be taken lightly. A first conviction for DUI in Florida can result in a fine ranging from $500 - $1,000, a jail sentence of up to 6 months, probation up to 1 year, license suspension up to 1 year, mandatory DUI reinstatement course, and community service. Repeat DUI offenders in Florida face increased fines, jail terms, and suspensions of license. If arrested for a DUI in Florida, contact a Florida DUI attorney.

Right to Jury in Florida

Defendants in Florida have a right to a trial by jury for all criminal prosecutions except ones with a possible maximum sentence of less than six months. A defendant may waive this right by not demanding a bench trial in front of the judge instead of a jury trial. Consult a Florida criminal defense attorney for details.

Date in Florida

Criminal defendants in Florida have a right to a speedy trial. Typically a trial will commence within 90 days of arrest for misdemeanors and 175 days for felonies, although it is may be possible for a defendant to demand that time be shortened depending on circumstances of the proceedings. Sentence Review /

Appeals in Florida

A defendant in Florida may appeal a judgment of conviction, an order of probation, or a sentence. Appeals in Florida must be issued within a certain time after the trial and have procedural requirements and costs associated with them. Contact a Florida criminal defense attorney with specific questions regarding the appeals process.

Florida Criminal Law Statutes

For the following Florida Statutes click here

1. Drug Possession in Florida
1. The Florida Statutes, Title XLVI: Crimes, Chapter 893 §§ 893.13, 893.135
2. Assault in Florida
1. The Florida Statutes, Title XLVI: Crimes, Chapter 784 §§ 784.011, 784.021, 784.03, 784.045
3. Florida Drunk Driving –DUI
1. The Florida Statutes, Title XXIII: Motor Vehicles, Chapter 316 § 316.193
4. Right to Jury in Florida
1. The Florida Statutes, Title XLVII: Criminal Procedure, Chapter 918 § 918.0157
5. Trial Date in Florida
1. The Florida Statutes, Title XLVII: Criminal Procedure, Chapter 918 § 918.015
6. Sentence Review / Appeals in Florida
1. The Florida Statutes, Title XLVII: Criminal Procedure, Chapter 924 § 924.06