Florida Statutes
Fla. Stat. § 775.08 (2025)
Classes and definitions of offenses.
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775.08 Classes and definitions of offenses.—When used in the laws of this state:
(1) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.
(2) The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.
(3) The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. The term “noncriminal violation” shall not mean any conviction for any violation of any municipal or county ordinance. Nothing contained in this code shall repeal or change the penalty for a violation of any municipal or county ordinance.
(4) The term “crime” shall mean a felony or misdemeanor.
History.—s. 1(11), ch. 1637, 1868; RS 2352; GS 3176; RGS 5006; CGL 7105; s. 1, ch. 71-136; s. 4, ch. 74-383; s. 1, ch. 75-298; s. 1, ch. 88-196.
Notes of Decisions
Cited in 82
cases (5 in the last 5 years), 1944–2026 · leading case: Thomas v. State, 583 So. 2d 336 (Fla. 5th DCA 1991).
Thomas v. State, 583 So. 2d 336 (Fla. 5th DCA 1991). “But by enacting section 775.08, Florida Statutes (1974 Supp.”
Thomas v. State, 614 So. 2d 468 (Fla. 1993). “The terms "felony," "misdemeanor," and "noncriminal violation" are defined and the *472 appropriate penalties outlined, but the section does not classify a municipal ordinance violation, nor does it list appropriate penalties for such a violation.”
Brown v. State, 232 So. 2d 55 (Fla. 4th DCA 1970). “1965, Section 775.08, F.S.A. It defines felonies and misdemeanors in the following language: "Any crime punishable by death, or imprisonment in the state prison, is a felony, and no other crime shall be so considered.”
United States v. Watson, 423 U.S. 411 (1975). “§ 41-103 (1964); 22 Fla. Stat. Ann. § 775.08 (Supp. 1975); Ill.”
State v. Lacayo, 8 So. 3d 385 (Fla. 3d DCA 2009). “Fla. Stat. § 775.08 (4) (2007) (“When used in the laws of this state .”
Klayman v. Jud. Watch, Inc., 22 F. Supp. 3d 1240 (S.D. Fla. 2014). “The out-of-court statement does not constitute hearsay as it is not being offered for the truth of the matter asserted.”
Whirley v. State, 450 So. 2d 836 (Fla. 1984). “" The state argues that the offense charged is not a crime under section 775.08(2), Florida Statutes (1979), [2] and therefore a charge of its commission does not confer the right to a jury trial.”
State v. Borbon, 706 P.2d 718 (Ariz. 1985). “Code §§ 13A-4-2, 13A-5-6, 13A-8-41), twenty-five years in Iowa ( Iowa Code §§ 711.2 , 813.1, 902.”
Stanfill v. State, 384 So. 2d 141 (Fla. 1980). “The district court based its decision on the language contained in two other related statutes, section 775.08(2) and section 316.026(4), which it read in conjunction with section 316.”
Kittles v. State, 31 So. 3d 283 (Fla. 4th DCA 2010). “” § 775.08(2), Fla. Stat. (2001). While misdemeanors ordinarily are not punishable by imprisonment in a state prison, it is permissible for a court to impose a prison sentence for a misdemean- or if it is to be served in a state penitentiary concurrently with a felony prison…”
State v. Woodruff, 676 So. 2d 975 (Fla. 1996). “…as any criminal offense punishable by imprisonment in a county correctional facility not in excess of one year. See § 775.08, Fla.Stat. (1991).”
Hames v. City of Miami Firefighters', 980 So. 2d 1112 (Fla. 3d DCA 2008). “" § 775.08(1), Fla. Stat. (2006) (emphasis added).”
— 775.08(1) — 15 cases
Hames v. City of Miami Firefighters', 980 So. 2d 1112 (Fla. 3d DCA 2008). “" § 775.08(1), Fla. Stat. (2006) (emphasis added).”
Simcox v. City of Hollywood Police Officers'ret. Sys., 988 So. 2d 731 (Fla. 4th DCA 2008).
ATIS v. State, 32 So. 3d 81 (Fla. 2d DCA 2009).
Shields v. Smith, 404 So. 2d 1106 (Fla. 1st DCA 1981).
Anderson v. State, 617 So. 2d 827 (Fla. 3d DCA 1993).
— 775.08(2) — 17 cases
Whirley v. State, 450 So. 2d 836 (Fla. 1984). “" The state argues that the offense charged is not a crime under section 775.08(2), Florida Statutes (1979), [2] and therefore a charge of its commission does not confer the right to a jury trial.”
Thomas v. State, 614 So. 2d 468 (Fla. 1993). “The terms "felony," "misdemeanor," and "noncriminal violation" are defined and the *472 appropriate penalties outlined, but the section does not classify a municipal ordinance violation, nor does it list appropriate penalties for such a violation.”
Stanfill v. State, 384 So. 2d 141 (Fla. 1980). “The district court based its decision on the language contained in two other related statutes, section 775.08(2) and section 316.026(4), which it read in conjunction with section 316.”
Kittles v. State, 31 So. 3d 283 (Fla. 4th DCA 2010). “” § 775.08(2), Fla. Stat. (2001). While misdemeanors ordinarily are not punishable by imprisonment in a state prison, it is permissible for a court to impose a prison sentence for a misdemean- or if it is to be served in a state penitentiary concurrently with a felony prison…”
Thomas v. State, 583 So. 2d 336 (Fla. 5th DCA 1991). “But by enacting section 775.08, Florida Statutes (1974 Supp.”
— 775.08(3) — 8 cases
State v. C.M., a child, 154 So. 3d 1177 (Fla. 4th DCA 2015).
Thomas v. State, 583 So. 2d 336 (Fla. 5th DCA 1991). “But by enacting section 775.08, Florida Statutes (1974 Supp.”
State Ex Rel. Washington v. Rivkind, 350 So. 2d 575 (Fla. 3d DCA 1977).
Thomas v. State, 614 So. 2d 468 (Fla. 1993). “The terms "felony," "misdemeanor," and "noncriminal violation" are defined and the *472 appropriate penalties outlined, but the section does not classify a municipal ordinance violation, nor does it list appropriate penalties for such a violation.”
City of Fort Lauderdale v. Mattlin, 566 So. 2d 1330 (Fla. 4th DCA 1990).
— 775.08(3)(b) — 1 case
Regueiro v. State, 619 So. 2d 463 (Fla. 4th DCA 1993).
— 775.08(4) — 8 cases
Thomas v. State, 583 So. 2d 336 (Fla. 5th DCA 1991). “But by enacting section 775.08, Florida Statutes (1974 Supp.”
Thomas v. State, 614 So. 2d 468 (Fla. 1993). “The terms "felony," "misdemeanor," and "noncriminal violation" are defined and the *472 appropriate penalties outlined, but the section does not classify a municipal ordinance violation, nor does it list appropriate penalties for such a violation.”
State v. Lacayo, 8 So. 3d 385 (Fla. 3d DCA 2009). “Fla. Stat. § 775.08 (4) (2007) (“When used in the laws of this state .”
Bordo, Inc. v. State, 627 So. 2d 561 (Fla. 4th DCA 1993).
Thompson v. Off. of the Pub. Def. of the Ninth Jud. Circuit In & For Orange Cnty., 387 So. 2d 541 (Fla. 5th DCA 1980).
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