Florida Statutes

Fla. Stat. § 775.081 (2025)

Classifications of felonies and misdemeanors.

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775.081 Classifications of felonies and misdemeanors.—

(1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:

(a) Capital felony;

(b) Life felony;

(d) Felony of the second degree; and

(e) Felony of the third degree.

A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense.

(2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:

(a) Misdemeanor of the first degree; and

(b) Misdemeanor of the second degree.

A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.

(3) This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision.

History.—s. 2, ch. 71-136; s. 1, ch. 72-724.

Notes of Decisions

Cited in 34 cases, 1972–2020 · leading case: Betancourt v. State, 804 So. 2d 313 (Fla. 2001).

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Betancourt v. State, 804 So. 2d 313 (Fla. 2001). · cites it 6× “ANALYSIS Section 775.081, Florida Statutes, titled "Classifications of felonies and misdemeanors," states that "[a] capital felony and a life felony must be so designated by statute.”

Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002). · cites it 2× “See § 775.081(1), Fla. Stat. (2001). The Legislature has also outlined under sections 775.”

Burdick v. State, 594 So. 2d 267 (Fla. 1992). · cites it 3× “§ 775.081(1), Fla. Stat. (1989). There is no separate classification for first-degree felonies punishable by life imprisonment.”

State of Florida v. Chester Ralph Kwitowski, Jr., 250 So. 3d 210 (Fla. 2d DCA 2018). · cites it 14× “" § 775.081, Fla. Stat. -3- (1971). The statute remains in materially identical form today.”

Knight v. State, 808 So. 2d 210 (Fla. 2002). · cites it 2× “1992), in which we held that "[t]here is no separate classification for first-degree felonies punishable by life imprisonment" in section 775.081, Florida Statutes (1989).”

Reino v. State, 352 So. 2d 853 (Fla. 1977). · cites it 2× “" In much the same fashion as the State contends here, the attorney general there maintained that the definition of "capital felonies" under Section 775.081(1), Florida Statutes (1971), made the three offenses of first degree murder, kidnapping, and rape "capital" for purposes…”

Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991). · cites it 2× “In essence, appellant here asks us to judicially amend Section 775.081, *1038 Florida Statutes to add another classification of felonious crime, that of "first degree felony punishable by life".”

Gisi v. State, 948 So. 2d 816 (Fla. 2d DCA 2007). · cites it 2× “[3] At that time, section 775.081(1), Florida Statutes (1991), provided for parole eligibility after serving twenty-five years on a life sentence.”

State v. Dixon, 283 So. 2d 1 (Fla. 1973). “; bombing or machine-gunning in public places, § 790.”

Duke v. State, 444 So. 2d 492 (Fla. 2d DCA 1984). · cites it 2× “§ 775.081(1), Fla. Stat. Therefore, assuming sexual battery is only a life felony, attempted sexual battery is a second degree felony which carries a maximum term of fifteen years.”

Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992). · cites it 2× “" § 775.081(1), Fla. Stat. (1989). Second-degree murder, appellant's convicted offense, is designated by statute as "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life .”

Dade Cnty. v. Goldstein, 384 So. 2d 183 (Fla. 3d DCA 1980). · cites it 2× “§§ 775.081(1)(b), 775.082(3)(a), 775.083(1)(a), Fla.”

Show all 34 citing cases →

— 775.081(1) — 16 cases

Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002). “See § 775.081(1), Fla. Stat. (2001). The Legislature has also outlined under sections 775.”

Burdick v. State, 594 So. 2d 267 (Fla. 1992). “§ 775.081(1), Fla. Stat. (1989). There is no separate classification for first-degree felonies punishable by life imprisonment.”

Betancourt v. State, 804 So. 2d 313 (Fla. 2001). “ANALYSIS Section 775.081, Florida Statutes, titled "Classifications of felonies and misdemeanors," states that "[a] capital felony and a life felony must be so designated by statute.”

State of Florida v. Chester Ralph Kwitowski, Jr., 250 So. 3d 210 (Fla. 2d DCA 2018). “" § 775.081, Fla. Stat. -3- (1971). The statute remains in materially identical form today.”

Reino v. State, 352 So. 2d 853 (Fla. 1977). “" In much the same fashion as the State contends here, the attorney general there maintained that the definition of "capital felonies" under Section 775.081(1), Florida Statutes (1971), made the three offenses of first degree murder, kidnapping, and rape "capital" for purposes…”

— 775.081(1)(b) — 2 cases

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-08., 259 So. 3d 754 (Fla. 2018).

Dade Cnty. v. Goldstein, 384 So. 2d 183 (Fla. 3d DCA 1980). “§§ 775.081(1)(b), 775.082(3)(a), 775.083(1)(a), Fla.”

— 775.081(1)(c) — 1 case

Dade Cnty. v. Goldstein, 384 So. 2d 183 (Fla. 3d DCA 1980). “§§ 775.081(1)(b), 775.082(3)(a), 775.083(1)(a), Fla.”

— 775.081(2) — 3 cases

Holmes v. State, 342 So. 2d 134 (Fla. 1st DCA 1977).

Saridakis v. State, 936 So. 2d 33 (Fla. 4th DCA 2006).

Cortright v. Adkins, 49 Fla. Supp. 2d 176 (Fla. Cir. Ct. 1991).

— 775.081(b) — 1 case

McMurtry v. State, 907 So. 2d 1266 (Fla. 3d DCA 2005).

— 775.081(l)(b) — 1 case

Morris v. State, 909 So. 2d 428 (Fla. 5th DCA 2005).

— 775.081(l)(c) — 1 case

Morris v. State, 909 So. 2d 428 (Fla. 5th DCA 2005).

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