Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: A criminal offense less serious than a felony. Florida has two degrees of misdemeanors: first degree (up to 1 year in jail, $1,000 fine) and second degree (up to 60 days in jail, $500 fine).
Category: Charge Classification · Statute: F.S. 775.082 · Source: Florida Legislature
Florida Statute 775.082 — Penalties"A person who has been convicted of a misdemeanor of the first degree... (may be sentenced to) a definite term of imprisonment not exceeding 1 year."
Misdemeanor Degrees in Florida
- 2nd Degree Misdemeanor — Up to 60 days jail, $500 fine (e.g., disorderly conduct, petit theft under $100)
- 1st Degree Misdemeanor — Up to 1 year jail, $1,000 fine (e.g., DUI 1st offense, simple battery, retail theft)
Bail for Misdemeanors
Most misdemeanors have bail set by the standard bail schedule — meaning bail can be posted immediately after booking without waiting for a judge. Typical bail ranges from $250-$5,000 depending on the specific charge.
Misdemeanor vs. Felony
The key differences: misdemeanors are tried in county court (not circuit court), carry shorter maximum sentences, and generally have lower bail. However, multiple misdemeanor convictions can enhance future charges.