A second-degree misdemeanor is the lowest level of criminal offense in Florida. It carries up to 60 days in county jail, up to six months of probation, and a fine of up to $500. It is still a crime, and a conviction creates a criminal record that can show up on background checks long after the case is closed.
People often treat these charges like a traffic ticket. They enter a plea at the first court date, pay the fine, and move on. Later they learn that the plea counted as a criminal conviction.
If you or a family member has been charged in Hillsborough County or Polk County, it helps to understand what the charge means before you make any decisions about it.
What Is a Second-Degree Misdemeanor in Florida?
Florida sorts crimes into two groups. A felony can be punished by more than a year in state prison. A misdemeanor can be punished by up to one year in county jail.
Misdemeanors are then divided into two levels: first degree and second degree. Second degree is the less serious of the two. Florida does not have a third-degree misdemeanor, even though people search for one.
Below misdemeanors are noncriminal violations, such as most ordinary traffic infractions. The difference matters. A noncriminal violation is not a crime. A second-degree misdemeanor is.
Penalties for a Second-Degree Misdemeanor
The maximum penalties are set by statute. Under section 775.082, Florida Statutes, a second-degree misdemeanor can bring:
- Up to 60 days in county jail
- A fine of up to $500, plus court costs
- Probation, generally for up to six months
- Conditions such as classes, community service, or restitution to an alleged victim
Those are maximums, not predictions. The sentence in any one case depends on the charge, the facts, the person’s prior record, and the judge. Some offenses also carry their own added consequences. A driving-related charge, for example, can affect your license.
How That Compares With a First-Degree Misdemeanor
A first-degree misdemeanor is punishable by up to one year in county jail and a fine of up to $1,000, and probation can run longer. The gap between the two levels is one reason the exact degree listed on your paperwork deserves a careful look.
Common Examples of Second-Degree Misdemeanors
Many everyday charges fall into this category. Depending on the facts, examples can include:
- Disorderly conduct, sometimes called breach of the peace
- Disorderly intoxication
- Simple assault, meaning a threat without physical contact
- Petit theft of property valued under $100, on a first offense
- Loitering or prowling
- Driving without a valid driver license
- A first offense of knowingly driving with a suspended license
- Trespass in an unoccupied structure or vehicle
The degree of a charge can change with the facts. A prior conviction for the same offense, the value of the property involved, or who the alleged victim is can move a charge from second degree to first degree, or even to a felony. Your citation or charging document lists the statute and the degree, so read it closely.
What Happens After You Are Charged
Not every second-degree misdemeanor begins with handcuffs. For many of these offenses, an officer may issue a notice to appear, which is a written order to come to court on a set date. In other cases the person is arrested, booked, and released on bond or on their own recognizance.
Misdemeanor cases are handled in county court, in the county where the offense allegedly happened. A charge out of Lakeland, Bartow, or elsewhere in Polk County goes through the Polk County court system. A charge out of Tampa, Valrico, or Plant City goes through Hillsborough County. Scheduling, diversion programs, and local procedures differ from one county to the next.
The first court date is usually an arraignment, where you are asked to plead guilty, no contest, or not guilty. This is where many people make a quick decision they later regret. A guilty or no contest plea can close the case that day, but it can also leave you with a conviction before anyone has reviewed the evidence.
Missing the court date is a separate problem. A judge can issue a warrant for failing to appear, even when the original charge was minor.
Why a “Minor” Charge Still Matters
The jail and fine limits are low. The record is what lasts. A misdemeanor conviction can appear on background checks for jobs, apartments, professional licenses, and school programs. It can matter in immigration proceedings. It can also count as a prior offense if you are ever charged again, which can raise the level of a future charge.
In some cases a judge may withhold adjudication. That means you are sentenced, often to probation or a fine, without being formally convicted. A withhold can make a real difference later, including whether you may be eligible to have the record sealed. It is not available in every case, and it is never automatic.
What a Defense Lawyer Can Do in a Misdemeanor Case
A criminal defense attorney starts by looking at what the state can actually prove. Was the stop or the arrest lawful? Do the witness statements match? Does the conduct described in the report fit the statute that was charged?
From there, the options depend on the facts. They can include asking the prosecutor to drop or reduce the charge, filing motions that challenge the evidence, negotiating terms that avoid a conviction, or preparing for trial. For some first-time charges, pretrial diversion in Florida may be available, and completing the program can lead to a dismissal. No lawyer can promise a particular result, and every case turns on its own facts.
There is a practical side as well. In many misdemeanor cases, a lawyer can handle certain court dates without the client having to appear, with the court’s permission. For someone who works in Lakeland and has a case set in Bartow, that can mean fewer missed days.
If you are not sure whether your situation calls for an attorney, our earlier post on when to call a lawyer for a misdemeanor charge walks through the warning signs.
Frequently Asked Questions
Is a second-degree misdemeanor serious?
It is the least serious criminal charge in Florida, but it is still a crime. It carries possible jail time, and a conviction creates a permanent criminal record unless the record is later sealed or expunged.
How long does a second-degree misdemeanor stay on your record in Florida?
Indefinitely. Criminal records in Florida do not drop off after a set number of years. A conviction generally cannot be sealed or expunged. If the charge was dropped or dismissed, or adjudication was withheld, sealing or expungement may be possible depending on the offense and your history.
Can a second-degree misdemeanor be dropped?
Yes, it happens. Prosecutors may drop a charge when the evidence is weak, when a witness is unavailable, or after a diversion program is completed. Whether that is realistic in a particular case depends on the facts and on the prosecutor’s office handling it.
How long does the state have to file a second-degree misdemeanor charge?
Generally one year from the date of the alleged offense, under section 775.15, Florida Statutes. For a first-degree misdemeanor the limit is two years. There are exceptions, so confirm how the deadline applies to your situation with an attorney.
Will I go to jail for a second-degree misdemeanor?
Jail is possible, up to 60 days, but it is not required by the statute. What happens depends on the offense, your record, the county, and the judge. Anyone who tells you the outcome in advance is guessing.
Talk With a Defense Attorney in Lakeland, Tampa, or Valrico
The Law Office of Darrin E. Johnson, PLLC represents clients in criminal defense matters throughout Valrico, Tampa, Lakeland, Bartow, Plant City, and surrounding Florida communities. If you are facing a misdemeanor in Polk County, our Lakeland defense attorney page explains how the firm works with clients there.
To schedule a consultation, call (813) 324-9311 or send a message through the contact page. The earlier you understand your options, the more of them you are likely to have.
This article is for general educational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Every criminal case depends on its specific facts, charge, record, evidence, and local court procedures. Past results afford no guarantee of future results. Speak with a qualified Florida defense attorney about your situation.
