Criminal Defense Laws in Florida

Criminal Defense Law in Florida: Overview

Florida is known for some of the toughest criminal penalties in the country, combined with high-profile self-defense cases that have shaped national debate. The state's Stand Your Ground law, enacted in 2005, became nationally prominent after the Trayvon Martin case in 2012. Florida retains the death penalty and is one of the most active death penalty states. The state's "10-20-Life" law imposes severe mandatory minimums for crimes committed with firearms. Florida classifies felonies into three degrees (first, second, and third) plus capital and life felonies, and misdemeanors into first and second degree. DUI penalties are strict, with a lookback period that extends to the offender's lifetime for certain purposes. Florida's drug laws are severe, with mandatory minimum sentences for trafficking quantities. The state does not permit recreational marijuana, though medical marijuana was approved by voters in 2016 through Amendment 2. Florida's sealing and expungement options are limited compared to many states, with eligibility restricted to those who have never been convicted of a criminal offense.

Key Statutes & Deadlines

Stand Your Ground Law and Self-Defense Immunity

Florida's Stand Your Ground law (Fla. Stat. § 776.012) eliminates the duty to retreat before using force, including deadly force, when a person is in a place where they have a right to be, is not engaged in unlawful activity, and reasonably believes such force is necessary to prevent imminent death or great bodily harm or to prevent the commission of a forcible felony. The law was amended in 2017 (SB 128) to shift the burden of proof at the pretrial immunity hearing from the defendant to the prosecution, meaning the state must prove by clear and convincing evidence that the defendant's use of force was not justified. If immunity is granted under § 776.032, the defendant is immune from both criminal prosecution and civil liability. The Castle Doctrine component (Fla. Stat. § 776.013) creates a presumption of reasonable fear of death or bodily harm when an intruder unlawfully and forcibly enters a dwelling, residence, or occupied vehicle.

10-20-Life Mandatory Minimum Firearms Law

Florida's 10-20-Life law (Fla. Stat. § 775.087) imposes mandatory minimum prison sentences for felonies committed with firearms. Possessing a firearm during the commission of a felony triggers a mandatory minimum of 10 years. Discharging a firearm during a felony triggers a 20-year mandatory minimum. If someone is injured or killed as a result of the discharge, the mandatory minimum is 25 years to life. These penalties apply in addition to the penalties for the underlying felony and run consecutively with any other sentence. The law applies to a specific list of qualifying felonies including murder, robbery, burglary, kidnapping, sexual battery, and carjacking, among others. The mandatory minimums cannot be waived by the judge except through prosecutorial agreement to charge a lesser offense.

DUI Penalties with Extended Lookback Periods

Florida's DUI law uses varying lookback periods depending on the offense number. A second DUI within 5 years carries a mandatory minimum of 10 days in jail, and a second offense beyond 5 years carries a mandatory minimum of 48 hours. A third DUI within 10 years is a third-degree felony with a mandatory minimum of 30 days in jail, while a third offense beyond 10 years is a misdemeanor with a mandatory 48 hours. A fourth or subsequent DUI at any time in the person's lifetime is a third-degree felony. Florida has an enhanced penalty tier for BAC of 0.15% or higher or when a minor is in the vehicle. A first DUI carries up to 6 months in jail (9 months with enhanced BAC), fines of $500 to $1,000 ($1,000 to $2,000 with enhanced BAC), and a 180-day to 1-year license revocation. Ignition interlock devices are mandatory for repeat offenders and BAC-enhanced first offenses.

Florida Court System

Florida's criminal courts include County Courts, which handle misdemeanors and ordinance violations, and Circuit Courts, which handle all felony cases. Florida has 20 judicial circuits. Felony cases are initiated by information filed by the state attorney after a preliminary hearing, or by grand jury indictment (which is required for capital cases). Appeals from Circuit Court go to one of six District Courts of Appeal, with further review by the Florida Supreme Court. The Supreme Court has mandatory jurisdiction over death penalty cases. Florida uses 6-person juries for non-capital felonies and 12-person juries for capital cases. Misdemeanor juries are 6 members. All criminal verdicts must be unanimous.

Damages & Penalties

Florida classifies felonies as capital (death or life), life felonies (life imprisonment or up to 40 years), first-degree felonies (up to 30 years), second-degree felonies (up to 15 years), and third-degree felonies (up to 5 years). First-degree misdemeanors carry up to 1 year in jail and a $1,000 fine, and second-degree misdemeanors carry up to 60 days and a $500 fine. Florida's sentencing guidelines use a Criminal Punishment Code that assigns point values to offenses and calculates a minimum sentence. Judges may depart below the guidelines with written reasons but cannot go below mandatory minimums. Florida retains the death penalty for capital murder, with lethal injection as the method. In 2023, Florida changed its law to allow a death sentence recommendation by an 8-4 jury vote rather than requiring unanimity.

Recent Legislative Changes

In 2023, Florida changed its death penalty law (SB 450) to allow a death sentence with a jury recommendation of 8 to 4, rather than the previous requirement of unanimity. This made Florida the state with the lowest jury threshold for a death recommendation. Florida also passed legislation in 2023 increasing penalties for fentanyl trafficking. The state has continued to restrict marijuana to medical use, with a recreational marijuana ballot initiative failing to reach the 60% threshold needed for constitutional amendments in 2024. Florida has also expanded school safety and juvenile justice provisions in response to the Marjory Stoneman Douglas High School shooting.

Frequently Asked Questions