Criminal Law in Florida

Felonies are the more serious category of crime and can result in more than one year in state prison, while misdemeanors carry a maximum of one year in county jail. Florida grades felonies into five levels — capital, life, first-degree, second-degree, and third-degree — each with its own maximum sentence under Florida Statute 775.082. A felony conviction can also affect the right to vote, to possess a firearm, and to hold many professional licenses.

The Sixth Amendment to the U.S. Constitution, along with Florida law, guarantees a free attorney — called a public defender — to anyone who faces possible incarceration and cannot afford to hire their own lawyer. You can ask for a public defender at your first appearance by completing a financial affidavit showing your income. Public defenders are fully licensed attorneys who provide the same legal representation as private counsel.

Florida Statute 776.012 says that a person who reasonably believes deadly force is needed to prevent death, great bodily harm, or a forcible felony has no legal duty to retreat — even outside the home — and may stand their ground. Florida Statute 776.032 adds immunity from criminal prosecution: if a court finds the force was lawfully justified, the charge must be dismissed and the defendant may recover attorney's fees. A pretrial immunity hearing is often the first major battleground in these cases.

The time limit depends on the offense under Florida Statute 775.15. The government has 4 years to charge a first-degree felony, 3 years for most other felonies, 2 years for a first-degree misdemeanor, and 1 year for a second-degree misdemeanor. Capital and life felonies and offenses that resulted in death have no time limit at all. Some special categories — such as elder abuse, securities fraud, and sexual battery against minors — have extended windows of 5 to 8 years or longer.

Under Florida Rule of Criminal Procedure 3.191, a felony defendant must be brought to trial within 175 days of formal charges being filed, and a misdemeanor defendant within 90 days. As of July 1, 2025, the speedy trial clock starts when formal charges are filed, not at the time of arrest. If the government misses the deadline, you may move for permanent discharge of the charges. You can also demand trial within 60 days by filing a formal demand for speedy trial.

Florida Statute 776.013 creates a legal presumption that you reasonably feared death or serious bodily harm when someone unlawfully and forcibly breaks into your home or residence. This means you may use force — including deadly force — to defend your home without any obligation to retreat first. The presumption does not apply if the intruder is a lawful resident of the home, a law enforcement officer acting in an official capacity, or if you are engaged in criminal activity at the time.

Florida allows some criminal records to be sealed or expunged, but eligibility is narrow. You may qualify if you were not convicted — for example, charges were dropped, you completed a diversion program, or you were acquitted — and you have no prior sealing or expungement and no disqualifying offense on your record. A sealed record remains visible to law enforcement and certain licensing agencies. The Florida Department of Law Enforcement administers the application process and can confirm whether you are eligible.