eLaws of Florida

  SECTION 775.081. Classifications of felonies and misdemeanors.  


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  • 1(1) 2Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
    23(a) 24Capital felony;
    26(b) 27Life felony;
    29(c) 30Felony of the first degree;
    35(d) 36Felony of the second degree; and
    42(e) 43Felony of the third degree.

    48A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense.

    105(2) 106Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
    127(a) 128Misdemeanor of the first degree; and
    134(b) 135Misdemeanor of the second degree.

    140A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.

    168(3) 169This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision.
History.-s. 2, ch. 71-136; s. 1, ch. 72-724.

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