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Florida Statutes

Fla. Stat. § 775.02 (2025)

Punishment of common-law offenses.

✓ 2025 Florida Statutes: current through the 2025 Regular Session
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775.02 Punishment of common-law offenses.—When there exists no such provision by statute, the court shall proceed to punish such offense by fine or imprisonment, but the fine shall not exceed $500, nor the imprisonment 12 months.
History.—s. 1, Nov. 6, 1829; RS 2370; GS 3195; RGS 5025; CGL 7127; s. 76, Feb. 10, 1832.

Arrestable Offenses under F.S. 775.02

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§775.02PUBLIC ORDER CRIMESCOMMON LAW OFFENSESM · 2nd
Notes of Decisions
Cited in 41 cases, 1960–2017 · leading case: Clayton v. Willis, 489 So. 2d 813 (Fla. 5th DCA 1986).
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Clayton v. Willis, 489 So. 2d 813 (Fla. 5th DCA 1986). · cites it 48× “— The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject.”
Toye v. State, 133 So. 3d 540 (Fla. 2d DCA 2014). · cites it 5× “§ 775.02, Fla. Stat. (2013). There is little case law addressing this statute.”
Aaron v. State, 284 So. 2d 673 (Fla. 1973). · cites it 7× “The comparable Florida statute, Fla. Stat. § 775.02 , F.S.A., provides a similar limitation of one year and a fine of 0, but limits its applications, solely to common law crimes.”
State v. Egan, 287 So. 2d 1 (Fla. 1973). · cites it 3× “[20] Lastly, we point out that, upon remand of this cause, and subsequent trial, appellee, should he be convicted as charged, would be subject to the penalty provisions of Section 775.02, Florida Statutes, F.S.A., pertaining to punishment of common law offenses: "When there…”
Swain v. State, 226 So. 3d 250 (Fla. 4th DCA 2017). · cites it 2× “We need not address whether the trial court could have increased the penalty for the first charge of direct criminal contempt after the follow-up action, as the court had already imposed the maximum penalty permitted trader section 775.02, Florida Statutes (2016).”
State v. Barquet, 262 So. 2d 431 (Fla. 1972). · cites it 2× “Abortions must now be punished as a common law offense as provided in Fla. Stat. § 775.02 , F.S.A., which is hardly adequate under present day standards to properly protect society.”
Thomas A. Edison Coll., Inc. v. STATE BD., ETC., 411 So. 2d 257 (Fla. 4th DCA 1982). · cites it 3× “Section 775.02, Florida Statutes (1927) provides that when no maximum punishment is provided by statute for criminal conduct, punishment shall not exceed one year's imprisonment and 0.”
Rimondi v. State, 89 So. 3d 1059 (Fla. 4th DCA 2012). · cites it 2× “Even if the exception under section 775.02 l(4)(b)3 were inapplicable, convictions under both statutes in this case would constitute a double jeopardy violation because the two offenses are not "separate” offenses as defined in section 775.”
Johnson v. State, 584 So. 2d 95 (Fla. 1st DCA 1991). · cites it 2× “The Aaron court then concluded that "criminal contempt is a crime under Florida law," and it cited section 775.02 which provides that when no maximum punishment is prescribed, the maximum punishment shall not exceed one year imprisonment or a fine of five hundred dollars.”
B.H. v. State, 645 So. 2d 987 (Fla. 1994). · cites it 2× “Accord § 775.02, Fla.Stat. (1989) (no common law crime may be treated as- a felony).”
Moorman v. Bentley, 490 So. 2d 186 (Fla. 2d DCA 1986). · cites it 2× “§ 775.02, Fla. Stat. (1985). The statutory definition of a misdemeanor contains the same limitation.”
Ramirez v. State, 113 So. 3d 105 (Fla. 5th DCA 2013). “02 l(4)(a), Florida Statutes (2009), states: Whoever, in the course of one criminal transaction or episode, commits an act or acts which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal…”
Show all 41 citing cases →
775.02(4)(b)(2): 1 case
Duff v. State, 942 So. 2d 926 (Fla. 5th DCA 2006).
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This Florida statute resource is curated by a Jacksonville criminal defense lawyer, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 775 matters in the context of felony sentencing and criminal defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.