What Counts as a Misdemeanor in Florida? A Guide for Brevard County Residents

January 29, 2026

What Counts as a Misdemeanor in Florida? A Guide for Brevard County Residents

When most people hear the word “misdemeanor,” they assume the consequences are minor. But in Florida, even a misdemeanor conviction can carry serious penalties, create a permanent criminal record, and affect your ability to work, rent housing, or pursue certain opportunities. Understanding what qualifies as a misdemeanor—and what you can do if you’re charged—is essential for protecting your future.


AtChang & Pyles, our Brevard County criminal defense attorneys help individuals fight misdemeanor charges, reduce penalties, and navigate the criminal justice system with confidence. This guide breaks down everything you need to know about misdemeanor laws in Florida.


What Is a Misdemeanor in Florida?

A misdemeanor is a criminal offense less severe than a felony but still punishable under Florida law. Misdemeanors often involve lower-level offenses such as minor theft, disorderly conduct, or resisting arrest without violence—but the consequences can still be significant.


Florida divides misdemeanors into two categories:


First-Degree vs. Second-Degree Misdemeanors

1. First-Degree Misdemeanor (More Serious)

Penalties may include:

  • Up to 1 year in jail
  • Up to $1,000 in fines
  • Probation
  • Community service


Examples include:

  • Possession of small amounts of marijuana
  • Reckless driving
  • Shoplifting property worth less than $100
  • Trespassing
  • Simple battery


Even though these offenses are not felonies, jail time and a criminal record are real possibilities.


2. Second-Degree Misdemeanor (Less Serious)

Penalties may include:

  • Up to 60 days in jail
  • Up to $500 in fines
  • Probation


Examples include:

  • Disorderly conduct
  • Loitering
  • Resisting an officer without violence
  • Minor property damage
  • Some seatbelt or license violations depending on circumstances


Many individuals are surprised to learn they committed a crime at all—especially when the offense involves something as common as resisting without violence or disorderly conduct.


Why a Misdemeanor Still Matters in Florida

A misdemeanor conviction may seem minor, but the effects can last long after you pay the fine or complete probation.


A misdemeanor on your record can affect:


  • Job applications and background checks
  • Professional licensing
  • Housing opportunities
  • College or scholarship eligibility
  • Immigration status
  • Child custody or divorce cases


Even a “small” misdemeanor can create long-term barriers.


Examples of Misdemeanors in Florida

Here are some of the most common misdemeanor charges Brevard County residents face:


Theft-Related Misdemeanors

  • Shoplifting
  • Petty theft (property valued under $750)


Driving-Related Misdemeanors

  • Reckless driving
  • Driving with a suspended license
  • DUI (first or second offense, depending on circumstances)


Behavioral or Public Offenses

  • Disorderly conduct
  • Loitering
  • Indecent exposure


Resistance-Related Charges

  • Resisting arrest without violence
  • Disobeying law enforcement commands


Some of these charges arise from misunderstandings, unclear circumstances, or lack of awareness of the law.


How Misdemeanor Penalties Compare to Felonies in Florida

It’s important to understand the distinction:


Misdemeanor Penalties

  • Up to 1 year in jail
  • Fines up to $1,000
  • Probation


Felony Penalties

  • Up to 30 years in prison—or more
  • Fines up to $15,000
  • Long-term incarceration
  • Potential life sentence or death penalty (for severe felonies)


While misdemeanors are less serious, they still carry consequences that can follow you for years.


Can Misdemeanor Charges Be Reduced or Dismissed?

Yes—many misdemeanor charges can be challenged or reduced.


Common defense strategies include:

  • Lack of evidence
  • Mistaken identity
  • Unlawful arrest
  • Violation of your constitutional rights
  • Unreliable witness testimony
  • Proving the act was accidental or misunderstood
  • Showing you did not intend to commit a crime


An experienced criminal defense attorney can often negotiate to have charges dismissed, penalties reduced, or your record sealed when possible.


Why You Need a Brevard County Misdemeanor Defense Attorney

Even if you believe the charge is minor, having a defense lawyer is critical. An attorney can:


  • Explain the charges and your rights
  • Investigate the circumstances of your arrest
  • Build a strong defense strategy
  • Negotiate for reduced penalties
  • Fight to dismiss the case
  • Protect your criminal record
  • Guide you through sealing or expungement options


At Chang & Pyles, we help Brevard County residents minimize or eliminate the impact of misdemeanor charges—and move forward with peace of mind.


Speak With a Brevard County Misdemeanor Attorney Today

If you’ve been charged with a misdemeanor, don’t wait. Early legal action can significantly affect the outcome of your case.

📞 Call 321-450-7740


Schedule your confidential consultation with
Chang & Pyles and get the defense you deserve.

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