WHAT EACH CHARGE CARRIES
21 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Florida grades a misdemeanor in the first or second degree and a felony in the first, second or third, and fixes each degree's longest term and largest fine, so each level here names its degree and that range.
21 charges
Petit theft and grand theft
M2 to F1 · up to Up to 30 years
Also searched as stealing, shoplifting, retail theft, larceny, took something
Knowingly obtaining or using, or trying to, another's property with intent to deprive the owner of it or its benefit, or to appropriate it, temporarily or permanently.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenPetit theft: less than $100 |
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenPetit theft: $100 or more, less than $750, or less than $40 from a dwelling, or after one prior theft conviction |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenGrand theft: $750 or more, less than $20,000, a firearm or motor vehicle, $40 or more from a dwelling, or petit theft after two or more priors |
| F2Felony of the second degree | Up to 15 years$10,000 fine | WhenGrand theft: $20,000 or more, less than $100,000 |
| F1Felony of the first degree | Up to 30 years$10,000 fine | WhenGrand theft: $100,000 or more |
A merchant or officer with probable cause may detain a person in a reasonable manner for a reasonable time, and a merchant who does calls law enforcement immediately.
Possession of a controlled substance
M1 to F3 · up to Up to 5 years
Also searched as drug possession, possession, cannabis possession, weed
Possessing a controlled substance not lawfully obtained from a practitioner or under a valid prescription, or otherwise authorized by the chapter.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | When20 grams or less of cannabis, or giving away that much without payment |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenAny other controlled substance |
The cannabis line does not cover resin extracted from the plant or preparations of it.
Drug paraphernalia
M1 · up to Up to 1 year
Also searched as paraphernalia, pipe, bong
Using, or possessing with intent to use, drug paraphernalia.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenThe ordinary case |
Breach of the peace or disorderly conduct
M2 · up to Up to 60 days
Also searched as disorderly conduct, disturbing the peace, brawling, fighting
Acts of a nature to corrupt the public morals, outrage the sense of public decency, or affect the peace and quiet of people who witness them, and brawling or fighting.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenThe ordinary case |
Affray
M1 · up to Up to 1 year
Also searched as mutual fight, fighting in public
Fighting another person by mutual consent in a public place, to the terror of the people.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenThe ordinary case |
Disorderly intoxication
M2 · up to Up to 60 days
Also searched as drunk in public, public intoxication, drunk and disorderly
Being intoxicated and endangering the safety of another person or property, or being intoxicated or drinking in a public place or on public transportation and causing a public disturbance.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenThe ordinary case |
In lieu of jail, an officer may take or send the person home or to a health facility.
Resisting an officer
M1 to F3 · up to Up to 5 years
Also searched as resisting arrest, resisting without violence, obstructing, battery on an officer
Resisting, obstructing or opposing an officer in the lawful execution of a legal duty or of legal process.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenWithout offering or doing violence |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenKnowingly and willfully, by offering or doing violence to the officer |
The misdemeanor needs a lawful duty: it reaches an officer in the lawful execution of a legal duty.
Fleeing or eluding
F3 to F1 · up to Up to 30 years
Also searched as fleeing, car chase, did not pull over, eluding
Knowing an officer ordered the vehicle to stop, willfully refusing to stop, or stopping and then fleeing.
| Degree | Up to | When |
|---|---|---|
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenThe ordinary case, or fleeing a marked patrol vehicle with siren and lights on |
| F2Felony of the second degree | Up to 15 years$10,000 fine | WhenAt high speed or with wanton disregard for safety |
| F1Felony of the first degree | Up to 30 years$10,000 fine | WhenAt high speed or with wanton disregard, causing serious bodily injury or death |
Giving a false name after an arrest or detention
M1 to F3 · up to Up to 5 years
Also searched as false name, lying about my name, fake ID to police
Giving a false name, or otherwise falsely identifying oneself, to an officer or jail staff after being arrested or lawfully detained.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenThe ordinary case |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenAnother person is harmed by the use of their name |
Driving while license suspended
M2 to F3 · up to Up to 5 years
Also searched as driving on a suspended license, DWLS, revoked license
Driving while the license is canceled, suspended or revoked, knowing of it.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenA first conviction |
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenA second or later conviction |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenA third or later, where the suspension came from certain listed violations |
Without knowledge it is a moving violation, not a crime. A judgment or order in the department's records creates a rebuttable presumption of knowledge.
Driving without a valid license
M2 · up to Up to 60 days
Also searched as no license, unlicensed driver, never had a license
Driving on a highway without a valid license at all.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenA first conviction |
Later convictions are graded higher.
Under 21 in possession of alcohol
M2 to M1 · up to Up to 1 year
Also searched as underage drinking, MIP, minor in possession
A person under 21 years of age possessing alcoholic beverages, outside employment the law allows.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenA first conviction |
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenA later conviction |
Trespass
M2 to F3 · up to Up to 5 years
Also searched as trespassing, refused to leave, posted land, armed trespass
Willfully entering or remaining in a structure or conveyance without authorization, or refusing to leave when warned; or entering or remaining on other property after notice by communication, posting, fencing or cultivation.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenIn a structure or conveyance |
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenIn a structure or conveyance with a person inside, or on property after notice |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenArmed |
Assault and battery
M2 to F3 · up to Up to 5 years
Also searched as assault, battery, hit someone, fight, aggravated assault
An assault is an intentional, unlawful threat to do violence, with an apparent ability, creating a well founded fear; a battery is intentionally touching or striking another against their will, or intentionally causing bodily harm.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenAssault |
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenBattery |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenA second battery after one prior battery or violent resisting conviction, or aggravated assault with a deadly weapon |
Stalking and aggravated stalking
M1 to F3 · up to Up to 5 years
Also searched as stalking, cyberstalking, following someone
Willfully, maliciously and repeatedly following, harassing or cyberstalking another person.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenStalking |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenAggravated stalking: with a credible threat |
A course of conduct does not include constitutionally protected activity such as picketing or organized protest.
Harassing phone calls
M2 · up to Up to 60 days
Also searched as obscene calls, anonymous calls, repeated calls
Obscene calls meant to offend or harass, calls without disclosing one's identity to annoy or threaten, or making a phone ring repeatedly to harass.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenThe ordinary case |
Reckless driving
M1 to F3 · up to Up to 5 years
Also searched as willful or wanton disregard, bad driving
Driving any vehicle in willful or wanton disregard for the safety of persons or property. Fleeing an officer in a motor vehicle is reckless driving per se.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenCausing damage to another's property or person |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenCausing serious bodily injury to another |
Without damage or injury, a first conviction is up to 90 days and a fine of $25 to $500, and a second or later up to 6 months and a fine of $50 to $1,000.
Interception of communications
F3 · up to Up to 5 years
Also searched as wiretapping, secret recording, recording a call, two party consent
Intentionally intercepting a wire, oral or electronic communication without an exception, the main one being the prior consent of all the parties.
| Degree | Up to | When |
|---|---|---|
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenThe ordinary case |
An oral communication is covered only where it was uttered with a justified expectation that it would not be intercepted.
Carrying a concealed weapon or firearm
M1 to F3 · up to Up to 5 years
Also searched as concealed carry, gun without a license, carrying a knife
Carrying a concealed weapon or firearm without a license and without meeting the criteria for one.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenA concealed weapon other than a firearm |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenA concealed firearm |
The state has to prove both that the person was not licensed and that the person was ineligible for a license.
Leaving the scene of a crash
M2 to F2 · up to Up to 15 years
Also searched as hit and run, drove off after a crash, leaving the scene
Willfully leaving a crash before meeting the duties to give information and render aid.
| Degree | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 60 days$500 fine | WhenDamage only to a vehicle or property someone is driving or attending |
| F3Felony of the third degree | Up to 5 years$5,000 fine | WhenAn injury that is not serious |
| F2Felony of the second degree | Up to 15 years$10,000 fine | WhenSerious bodily injury |
Where someone dies, the penalty is heavier still.
Police radio in a vehicle
M1 · up to Up to 1 year
Also searched as scanner, police scanner, radio in the car
Installing or transporting, in a motor vehicle or business, radio equipment tuned to police or fire rescue frequencies, outside the exceptions the section lists.
| Degree | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 1 year$1,000 fine | WhenThe ordinary case |
Licensed amateur radio operators, full time news organizations and the others the section lists are outside it.
Every degree on this page, for reference
Each range comes from the sentencing and fine sections. Above them are the life felony and the capital felony, which no charge on this page reaches.
- M2Misdemeanor of the second degreeUp to 60 days$500
- M1Misdemeanor of the first degreeUp to 1 year$1,000
- F3Felony of the third degreeUp to 5 years$5,000
- F2Felony of the second degreeUp to 15 years$10,000
- F1Felony of the first degreeUp to 30 years$10,000
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
14 words
- AffrayFighting another person by mutual consent in a public place, to the terror of the people, a first degree misdemeanor.
- BatteryActually and intentionally touching or striking another against their will, or intentionally causing bodily harm, a first degree misdemeanor.
- CannabisA controlled substance. Possessing 20 grams or less is a first degree misdemeanor, and more is a third degree felony.
- Course of conductA series of acts over a period of time, however short, showing a continuity of purpose. Harassing is a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
- ExpunctionClearing a criminal history record where no charging document was filed, or charges were dismissed, nolle prossed, or ended in acquittal, for a person who meets the other conditions; it begins with a certificate of eligibility from the department.
- Felony of the third degreeThe lowest felony degree, punishable by up to 5 years in prison and a fine of up to $5,000.
- Grand theftTheft of property worth $750 or more, or of a firearm or motor vehicle, a felony whose degree rises with the value.
- HazingAny action or situation that recklessly or intentionally endangers a student's mental or physical health or safety for initiation, admission, affiliation or a tradition of an organization operating under a postsecondary institution.
- Merchant detentionA merchant's or officer's taking into custody, with probable cause to believe a retail theft was committed, and detaining the person in a reasonable manner for a reasonable time to recover the property or for prosecution.
- Petit theftTheft of property worth less than $750: a second degree misdemeanor under $100, and a first degree misdemeanor from $100 up.
- Pretrial releaseRelease before trial, with a presumption in favor of nonmonetary conditions unless the person is charged with a dangerous crime as the section defines it.
- Resisting without violenceResisting, obstructing or opposing an officer in the lawful execution of a legal duty, without offering or doing violence, a first degree misdemeanor.
- Serious bodily injuryA physical condition creating a substantial risk of death, serious disfigurement, or protracted loss or impairment of a bodily member or organ.
- TollingA pause in a limitation period. Under the criminal limitations section, the period does not run while the defendant is continuously absent from the state or has no reasonably ascertainable home or work in it.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Florida attorney can tell you what yours is. Current as of September 2026.