Legal Classification of Offenses Daytona State College School of Emergency Services Introduction to...

LegalClassification of Offenses

Daytona State CollegeSchool of Emergency Services

Introduction to LawIntroduction to Law

Classification of OffensesClassification of Offenses



ObjectivesObjectives

• Define Define OffenseOffense

• Classification and category of a criminal Classification and category of a criminal offenseoffense

• Relevant facts for use in Relevant facts for use in classifying criminal or classifying criminal or non-criminal offensesnon-criminal offenses



ObjectivesObjectives

• Define Define felonyfelony

• Levels of feloniesLevels of felonies

• Define Define misdemeanormisdemeanor

• Levels of misdemeanorsLevels of misdemeanors

• Define Define non-criminal violationsnon-criminal violations

• Local ordinancesLocal ordinances



OffenseOffense

• Acts that are punishable under Florida lawActs that are punishable under Florida law– Criminal offenses

• Punishable by incarceration

• Either felony or misdemeanor

– Non-criminal offenses• Also called “civil infraction”

• Punishable by a fine or other means other than incarceration

• Example – traffic violation



FelonyFelony

• Crime for which the maximum penalty is Crime for which the maximum penalty is deathdeath or incarceration in a or incarceration in a state state correctional facilitycorrectional facility for for one year or moreone year or more– FS 775.08(1)– Serious crimes– May be housed in a county facility under certain

conditions, situations or contracts



Classification of FeloniesClassification of Felonies

• Five classificationsFive classifications– Capital– Life– 1st Degree– 2nd Degree– 3rd Degree



Capital FelonyCapital Felony

• Highest classification of felonyHighest classification of felony– Death– Life without parole

• ExamplesExamples– First Degree Murder, FS 782.04(1)

• Only crime that carries the death penalty

– Sexual Battery on a child under 12 by a person 18 or over, FS 794.011(2)(a)

• Carries life without parole



Life FelonyLife Felony

• PenaltyPenalty– Minimum of 40 years to life– Fine of $15,000

• Fines are rarely, if ever, imposed

• Possibility of restitution as a post-incarceration probation stipulation

– Both

• ExampleExample– Kidnapping with a weapon, FS 775.087(1)



First Degree FelonyFirst Degree Felony

– Penalty• Maximum of 30 years

• Fine of $10,000

• Both

– Exceptions• Certain first degree felonies carry life

– Noted in the statute

– Example• Kidnapping is a 1st degree felony carrying life in prison,

FS 787.01(2)



Second Degree FelonySecond Degree Felony

• PenaltyPenalty– Maximum of 15 years– Fine of $10,000– Both

• ExampleExample– Aggravated Battery,

FS 784.045



Third Degree FelonyThird Degree Felony

• PenaltyPenalty– Maximum of 5 years– Fine of $5,000– Both

• ExampleExample– Aggravated Assault, FS 784.02– Burglary of an Unoccupied Dwelling, FS 810.02



Determining ClassificationDetermining Classification

• Where to lookWhere to look– Statute itself

• Conditions and provisions

• Special circumstances

• Start low, increase as conditions change

• ReclassificationReclassification– Normally up one level



ReclassificationReclassification

• Based on certain factorsBased on certain factors– Violent offenses against law enforcement,

corrections, state attorney and judges– Wearing mask, hood, etc. to conceal identify while

committing a felony or misdemeanor– Wearing a bulletproof vest while

committing certain offenses




– Evidencing prejudice while committing a crime (hate crime)

– Possession of a weapon while committing a crime– Unlawful taking, possessing or

using an officer’s firearm during the commission of a crime

– Committing a misdemeanor or felony to further terrorism




• Reclassify down one levelReclassify down one level– Attempt

• Attempted armed robbery

• Attempted burglary

• Attempted possession of narcotics

– Conspiracy– Solicitation



MisdemeanorMisdemeanor

• Criminal offense with a maximum penalty Criminal offense with a maximum penalty of one year in the county jailof one year in the county jail– Minor crimes– Fine of up to $1,000– Cannot serve time in a prison

• Can serve concurrent penalties with a felony conviction



Misdemeanor ClassificationMisdemeanor Classification

• First Degree First Degree – Penalty

• Up to one year and/or $1,000 fine

– Example• Battery, FS 784.03(1)

• Second DegreeSecond Degree– Penalty

• Up to 60 days and/or $500 fine

• Criminal mischief under $200, FS 806.13 (2)



Non-Criminal ViolationNon-Criminal Violation

• Also called “Civil Infraction”Also called “Civil Infraction”• PenaltyPenalty

– Fine, forfeiture or other civil penalty

– “Civil Penalty”– No jail or prison time

• ExampleExample– Traffic violation, i.e.,

speeding, stop sign, etc.



Ordinance ViolationOrdinance Violation

• Cities and counties enact local regulations Cities and counties enact local regulations – For protection and well-being of population– Only apply to the city or county in which it is

enacted– Most not criminal – no jail time– May prohibit acts that are state

statute crimes

• PenaltyPenalty– Maximum 60 days/$500 fine or both



QuestionsQuestions

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