Florida Statute 775.81 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.081

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.

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Amendments to 775.081

Annotations, Discussions, Cases:

Cases Citing Statute 775.081

Total Results: 31

State v. Dixon

283 So. 2d 1

Supreme Court of Florida | Filed: Jul 26, 1973 | Docket: 401064

Cited 576 times | Published

capital or first, second, or third degree felonies. § 775.081(1), F.S. 1971 F.S.A. Capital felonies included:

Bottoson v. Moore

833 So. 2d 693, 2002 WL 31386790

Supreme Court of Florida | Filed: Oct 24, 2002 | Docket: 1258650

Cited 153 times | Published

second degree; and felony of the third degree. See § 775.081(1), Fla. Stat. (2001). The Legislature has also

Burdick v. State

594 So. 2d 267, 1992 WL 18563

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1485882

Cited 91 times | Published

second degree; and felony of the third degree. § 775.081(1), Fla. Stat. (1989). There is no separate classification

Reino v. State

352 So. 2d 853

Supreme Court of Florida | Filed: Oct 27, 1977 | Docket: 1681745

Cited 84 times | Published

the definition of "capital felonies" under Section 775.081(1), Florida Statutes (1971), made the three

Donaldson v. Sack

265 So. 2d 499

Supreme Court of Florida | Filed: Jul 17, 1972 | Docket: 1724271

Cited 60 times | Published

definition of "capital *502 felonies" under Fla. Stat. 775.081(1), F.S.A. makes these three offenses of

Knight v. State

808 So. 2d 210, 2002 WL 87371

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1738527

Cited 19 times | Published

felonies punishable by life imprisonment" in section 775.081, Florida Statutes (1989). Further, Knight argues

Burdick v. State

584 So. 2d 1035, 1991 WL 138126

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 466691

Cited 14 times | Published

appellant here asks us to judicially amend Section 775.081, *1038 Florida Statutes to add another classification

Duke v. State

444 So. 2d 492

District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 1510701

Cited 13 times | Published

felony, it drops one category to life felony. § 775.081(1), Fla. Stat. Therefore, assuming sexual battery

Gisi v. State

948 So. 2d 816, 2007 WL 57564

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 1773985

Cited 12 times | Published

served on those two counts. [3] At that time, section 775.081(1), Florida Statutes (1991), provided for parole

Betancourt v. State

804 So. 2d 313, 2001 WL 1585050

Supreme Court of Florida | Filed: Dec 13, 2001 | Docket: 1334446

Cited 12 times | Published

conflict with the Eady decision. ANALYSIS Section 775.081, Florida Statutes, titled "Classifications

Huffman v. State

611 So. 2d 2, 1992 WL 362144

District Court of Appeal of Florida | Filed: Dec 9, 1992 | Docket: 1699578

Cited 7 times | Published

felony" at the time of Huffman's 1972 offense. See § 775.081(1), Fla. Stat. (1971). While the legislature could

Eady v. State

604 So. 2d 559, 1992 WL 206366

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1686457

Cited 7 times | Published

life felony must be so designated by statute." § 775.081(1), Fla. Stat. (1989). Second-degree murder, appellant's

Dunn v. State

522 So. 2d 41, 1988 WL 2612

District Court of Appeal of Florida | Filed: Mar 3, 1988 | Docket: 26536

Cited 7 times | Published

listed in the classification of felonies under section 775.081(1), Florida Statutes[1], nevertheless, it exists

Cooper v. State

455 So. 2d 588

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1316658

Cited 7 times | Published

not at the time a conviction is obtained. Section 775.081 "classifies" felonies. Section 775.087(1) "reclassifies"

Holmes v. State

342 So. 2d 134

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 2510070

Cited 4 times | Published

punishment was provided. The trial court turned to Section 775.081(2), Florida Statutes (1975), which states:

STATE OF FLORIDA v. CHESTER RALPH KWITOWSKI, JR.

250 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225311

Cited 2 times | Published

adopted section 775.081, titled "[c]lassifications of felonies and misdemeanors." § 775.081, Fla

Ivory Lee Robinson v. State of Florida

215 So. 3d 1262, 2017 Fla. App. LEXIS 4539

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668613

Cited 2 times | Published

not at the time a conviction is obtained. Section 775,081 "classifies” felonies. Section 775.087(1) "reclassifies”

Morris v. State

909 So. 2d 428, 2005 Fla. App. LEXIS 12765, 2005 WL 1991759

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64840151

Cited 1 times | Published

convicted of both sexual batteries. . Compare § 775.081(l)(b); § 775.082(3)(a)3., Fla.Stat. (a life felony

Gonsalves v. State

830 So. 2d 265, 2002 WL 31526487

District Court of Appeal of Florida | Filed: Nov 15, 2002 | Docket: 1516799

Cited 1 times | Published

of Apprendi analysis is that contained in section 775.081). Because the victim injury points for the

Morgan v. State

309 So. 2d 552

District Court of Appeal of Florida | Filed: Mar 21, 1975 | Docket: 1770717

Cited 1 times | Published

fine." This statute has now been superseded by § 775.081 (1973), but the change of language is not such

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-08.

259 So. 3d 754

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402543

Published

trial court to make the factual finding under section 775.081(1)(b), Florida Statutes (2016), as to whether

Gadson v. State

165 So. 3d 720, 2015 Fla. App. LEXIS 7280, 2015 WL 2259329

District Court of Appeal of Florida | Filed: May 15, 2015 | Docket: 60248229

Published

dis*721tinct from standard first-degree felonies. See § 775.081(1), Fla. Stat. (2010) (providing that felonies

Saridakis v. State

936 So. 2d 33, 2006 Fla. App. LEXIS 11613, 2006 WL 1896405

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64846203

Published

probation term exceeds the statutory maximum. See § 775.081(2), Fla. Stat. (“Any crime declared by statute

McMurtry v. State

907 So. 2d 1266, 2005 Fla. App. LEXIS 12026, 2005 WL 1818067

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64839770

Published

Contrary to the defendant’s assertion, under section 775.081(b), Florida Statutes (1995), only one qualifying

State v. McLeod

652 So. 2d 923, 1995 Fla. App. LEXIS 3209, 1995 WL 132677

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755229

Published

sentence more lenient than that required by section 775.081, the judge must still adhere to the sentencing

Ngai v. State

556 So. 2d 1130, 14 Fla. L. Weekly 2764, 1989 Fla. App. LEXIS 6684, 1989 WL 142665

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 64648124

Published

because of the use of a firearm pursuant to section 775.081, Florida Statutes (1987). Defendant seeks review

Williams v. State

531 So. 2d 1033, 13 Fla. L. Weekly 2264, 1988 Fla. App. LEXIS 4413, 1988 WL 100901

District Court of Appeal of Florida | Filed: Oct 4, 1988 | Docket: 64637378

Published

210, 212 (Fla. 1st DCA 1988) (enhancement under § 775.081(1), Fla.Stat.(1985) permissible where evidence

Carroll v. State

530 So. 2d 454, 13 Fla. L. Weekly 2075, 1988 Fla. App. LEXIS 3833, 1988 WL 89696

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64636716

Published

battery. Felonies are classified pursuant to section 775.081, Florida Statutes, as follows: (1) Felonies

McLeod v. State

523 So. 2d 603, 12 Fla. L. Weekly 2908, 1987 Fla. App. LEXIS 11738, 1987 WL 3218

District Court of Appeal of Florida | Filed: Dec 18, 1987 | Docket: 64634168

Published

a first degree felony, not a life felony. Section 775.081, Florida Statutes (1983), in classifying felonies

Garvin v. State

413 So. 2d 34, 1981 Fla. App. LEXIS 21193

District Court of Appeal of Florida | Filed: Oct 1, 1981 | Docket: 64589560

Published

statute, not by the term of imprisonment. Section 775.081(1), Fla.Stat. (1979). Section 775.082(3)(b)

Lee v. State

399 So. 2d 1027

District Court of Appeal of Florida | Filed: Jun 5, 1981 | Docket: 2586181

Published

of the first degree." See § 812.13(2)(a) and § 775.081(1), Fla. Stat. Therefore, the trial court incorrectly