Degrees of felonies in Florida categorize criminal offenses based on their severity and the corresponding penalties. Of these, second-degree felonies occupy a middle ground, representing more serious crimes than third-degree felonies but not as severe as first-degree felonies. Understanding the nuances of second-degree felonies in Florida is crucial, especially for those facing such charges.
In Florida, second-degree felonies include a wide range of criminal offenses and often carry substantial prison sentences, hefty fines, and a long list of additional, life-altering consequences. If you or a loved one is facing charges for a second-degree felony in Hillsborough County, Pinellas County, or any of the surrounding areas, having an experienced Tampa criminal defense attorney like Andrew Buda of Buda Law can make a crucial difference in how your case plays out.
With a deep understanding of Florida’s criminal justice system, Attorney Buda and his skilled legal team are dedicated to providing the defense needed to navigate these serious charges and avoid a felony conviction. To learn more about what you’re up against, call our law office at (813) 322-2832 or reach out online to talk to a member of our legal team today.
What is a Second Degree Felony in Florida?
In Florida, a second-degree felony is a serious criminal offense that carries equally serious penalties. As we touched on above, these felonies are more severe than third-degree felonies but not quite as severe as first-degree felonies in Florida.
Second-degree felonies encompass various crimes, such as aggravated battery, certain drug offenses, grand theft of property valued between $20,000 and $100,000, and burglary of an unoccupied dwelling, for example. Convictions for second-degree felonies can lead to significant legal consequences and long-term impacts that may follow you around for the rest of your life.
2nd Degree Felony Examples
There are a myriad of offenses that may be classified as a second-degree felony in Florida. Some of the most common include:
- Criminal mischief crimes (property damage valued between $150,000 and $300,000)
- Second-degree grand theft crimes
- Certain dangerous firearm offenses, such as discharging a weapon from a vehicle within 1,000 feet of a person
- Certain white-collar crimes, such as extortion
- Third-degree identity theft crimes
- Burglary of an unoccupied dwelling
- Aggravated battery
- Sexual battery (rape)
- Strong-armed robbery
- Certain drug crimes, such as possession with intent to distribute Schedule I and II drugs and some marijuana cultivation crimes
- Second-degree arson crimes
- Statutory rape crimes
- DUI manslaughter crimes
- Child neglect causing severe harm
- Misrepresentation of age when soliciting a minor
- Distribution of child pornography
How Many Felonies Are There in Florida?
In Florida, there are three degrees of felonies that a person may be charged with depending on the alleged crime (first, second, and third). However, there are also other Florida felony crimes to consider, including capital and life felonies. Below, we’ll give a very brief overview of the other types of felony crimes applicable under Florida law (aside from second-degree felonies, which we’ll cover in more detail later on).
Third-Degree Felony in Florida
Third-degree felonies are the least severe of the felony classes, but the offenses are still considered extremely serious and the penalties can be life-altering. Examples of third-degree felonies include aggravated assault, aggravated stalking, third-degree felony battery, and resisting arrest with violence.
Those found guilty of a third-degree felony violation may face up to five years in prison and a fine of no more than $5,000.
First-Degree Felony in Florida
A first-degree felony in Florida is one of the most serious offenses a person can commit aside from capital and life felonies. Crimes classified as first-degree felonies include armed robbery, aggravated child abuse, aggravated battery of a law enforcement officer, kidnapping, aggravated sexual battery, and drug trafficking.
First-degree felony convictions can lead to substantial prison time, typically up to 30 years, as well as hefty fines and a number of other long-term consequences that affect various aspects of a convicted individual’s life.
Life Felony in Florida
A life felony is a severe category of felony crimes that includes offenses such as sexual battery of a child under 12 that leads to that child’s injury and the kidnapping of a child under 13. As you might expect, the consequences of being convicted of a life felony are profound. In fact, the punishment for a life felony committed in Florida can result in a prison term up to but not exceeding life imprisonment.
Capital Felony in Florida
A step up in severity from life felonies, capital felonies are the most serious crimes a person can commit in Florida. Examples of these offenses include first-degree murder, the murder of a law enforcement officer engaged in duty, and child murder. Because of the extremely severe nature of these charges, the minimum sentence is imprisonment for the remainder of the person’s natural life and even the death penalty.
If you or someone you love is facing such severe charges, it’s imperative that you reach out to an experienced Tampa capital felony defense lawyer like Andrew Buda ASAP.
Second-Degree Felony Florida Sentencing Guidelines
The penalties for second-degree felonies in Florida aren’t always cut and dry. There are a number of factors to consider when determining what the court-imposed sentence may look like. Here are some of the many questions to consider when determining a person’s sentencing range:
- How serious was the offense?
- Was it or was it not a forcible felony?
- Was a firearm used in the commission of the alleged crime?
- Was a victim injured?
- What is the defendant’s criminal history?
- Was the person previously sentenced for a separate felony offense?
- Was the alleged offender on probation or parole at the time of the offense?
The imposed penalties, including everything from prison sentences to felony probation, parole, house arrest, community service, and more, depend largely on how these questions are answered.
How Many Points is a Second-Degree Felony in Florida?
Florida’s Criminal Punishment Code applies to all felony offenses in Florida. This system is used to further rank specific felonies committed in the state and assign a point value to them, which in turn influences the sentence a person may receive. The levels range from 1-10, with Level 1 resulting in 4 points and Level 10 resulting in 116 points.
The total sentence points pursuant to Florida Statutes for a second-degree felony typically range anywhere from 28 to 56 points, give or take, but ultimately depends on the nature of the crime and any aggravating or mitigating factors.
Feel free to check out our blog Florida Criminal Punishment Code Scoresheet for a better understanding of Florida’s criminal point system and what it means for you.
2nd Degree Felony Florida Minimum Punishment
The state sets minimum and maximum limits for many different criminal offenses, and it is up to the court to decide, based on the circumstances surrounding the case, what sentence any given defendant may receive when convicted of a crime. Most second-degree felonies, however, do not have a mandatory minimum prison sentence.
It is important to note that certain second-degree felonies, particularly those involving firearms during certain violent crimes, may carry mandatory minimum sentences. For example, under Florida’s 10-20-Life Law, using a firearm during the commission of certain felonies can result in mandatory minimum sentences.
2nd Degree Felony Florida Maximum Punishment
Under Florida Statute 775.082, the maximum penalty for a second-degree felony is up to 15 years in prison and a fine not exceeding $10,000.
Can Second Degree Felonies Be Dropped?
Yes, second-degree felonies can potentially be dropped in Florida, but this also depends on a number of different things. For instance, the prosecution may decide to drop charges if there is insufficient evidence, issues with witness credibility, or procedural errors.
Additionally, the defense can negotiate with the prosecution for a plea deal, which might result in the charges being reduced or dropped. In some cases, successful completion of a Florida pretrial diversion program could also lead to charges being dismissed. However, while it is possible, the decision ultimately lies with the state’s prosecutor and the specifics of the individual case at hand.
Can a Juvenile Be Charged With a Felony Offense?
Under Florida law, juveniles can be charged with a felony offense. In fact, for serious offenses, such as extremely violent crimes, prosecutors may seek to have the juvenile tried as an adult, which can lead to more severe penalties. So, depending on the severity of the crime and the age of the juvenile, the case may either be handled in the juvenile justice system or transferred to adult court.
If your child is facing felony charges, don’t wait. Their entire future could be at stake. Call an experienced Tampa juvenile defense attorney at Buda Law right away.
Can a Juvenile Expunge a Second Degree Felony in Florida?
Juveniles can potentially expunge certain felonies from their criminal record, but once again, it depends on the case. Generally, felony convictions are not eligible for expungement or record sealing in Florida. In order to qualify for expungement, the charges must have been dropped, dismissed, or the defendant acquitted at trial.
For juveniles, it’s a bit different. If you receive a juvenile conviction, it may be automatically sealed once you reach the age of 21. However, this is not always the case. Especially for a second-degree felony, the possibility of expungement is more limited compared to lesser offenses. This is because violent felonies and other serious crimes are typically not eligible for expungement, even for juveniles. However, if the juvenile successfully completes a diversion program, the charges may potentially be dismissed, making the criminal record eligible for expungement.
To learn more about your potential for expungement, it’s essential to consult with a knowledgeable criminal attorney to understand the specific eligibility requirements and process for record sealing and expungement in Tampa based on your individual case.
Why You Need a Criminal Defense Attorney When Facing Charges for Second-Degree Felonies in Florida
When facing charges for second-degree felonies in Florida, securing a seasoned criminal defense attorney is crucial due to the severe consequences involved. Aside from the harsh penalties and prison time associated with these crimes, having a felony record can have serious repercussions that last long after your time has already been served. Convicted felons often face a number of issues concerning things like employment, housing, and civil rights.
Having experienced legal representation on your side when facing such charges ensures that you have a reputable advocate to fight on your behalf while protecting your rights, guiding you through the often complicated and overwhelming legal system, challenging the prosecution’s evidence, and overall working towards the best possible outcome for your case.
Call Tampa Felony Defense Attorney Andrew Buda at Buda Law Today
If you or a loved one are facing second-degree felony charges in the Tampa Bay area, you don’t want to face this battle alone. As you just learned, the consequences of a felony conviction are severe, impacting nearly every aspect of your life. Fortunately, Attorney Andrew Buda and his team are prepared to help you through this difficult time, providing aggressive defense tailored to your unique situation and ensuring that your rights are protected every step of the way.
Contact Buda Law today for a free consultation. Simply give us a call at (813) 322-2832 or complete our online intake form to get straight to work on your defense.