The Difference Between a Misdemeanor and Felony Offense in Florida

Orlando Attorney

At The Umansky Law Firm, we specialize in defending clients accused of committing a criminal offense. For over 15 years we’ve helped give our clients a second chance, handling all types of cases from misdemeanors to felonies.

At The Umansky Law Firm, we make your defense a top priority. We handle many types of criminal charges in Florida, including those involving the following:

  • Drug offenses, including possession of marijuana and possession of drug paraphernalia
  • Violent crimes, including domestic assault, domestic violence, and assault and battery
  • Theft crimes, including petit theft and shoplifting
  • Drinking and driving, including reckless driving, DUI and driving with suspended license
  • Sex crimes, including Internet sex crimes, indecent exposure and sexual battery

Recent Case Result

Aggravated Assault With a Firearm

The Umansky Law Firm represented a client in Osceola County accused of Aggravated Assault with a Firearm. The minimum mandatory sentence for this alleged offense is 20 years in prison. The allegation was that our client shot a firearm towards the alleged victim – therefore Florida’s “10/20/Life” sentencing provisions applied. We contacted the alleged victim, who stated she did not want to prosecute. We prepared an affidavit from the alleged victim to the prosecutor stating her desire to have the charges dropped. On the day of trial, we were successful in getting the charges dropped against our client after the prosecutor dismissed the charges!

Misemeanor Penalties vs. Felony Penalties in Florida

A misdemeanor offense in Florida is often associated with fines and community service, however in some cases you can still face jail time or probation. Here is a breakdown of the misdemeanor penalties in Florida:

  • First-degree misdemeanor – Up to one year in jail and/or a $1,000 fine.
  • Second-degree misdemeanor – Up to 60 days in county jail and/or a $500 fine.

Though the maximum jail sentence for a misdemeanor offense is only one year, a conviction of any type can make it difficult to find work, buy a home, or even get enrolled in higher education.

If you’ve been charged with a felony in Florida the punishments become much more severe. Below is a breakdown of each type of felony and the penalty associated with it.

  • Capital felony: Death penalty or life sentence
  • First-Degree Felony: Maximum 30 years in prison and $10,000 fine
  • Second-Degree Felony: maximum 15 years in prison and $10,000 fine
  • Third-Degree Felony: maximum five years in prison and $5,000 fine

Felony sentencing is based heavily on prior convictions, thus habitual offenders will face even more severe punishments.

Contact Us Today For A Free Case Review

If you are facing felony or misdemeanor charges in Orlando, Florida, call our office to schedule a free case review at 407-228-3838. Find out what your options are and start building your defense.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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