Under Florida law, certain offenses may be prosecuted as either misdemeanors or felonies depending on the circumstances. Factors such as the severity of the conduct, prior convictions and the identity of the victim can influence how a charge is classified.
The type of charge you face can have lasting implications, with felony convictions being much more serious. Below are three offenses that can be charged as either felonies or misdemeanors, or “wobbler” charges:
1. Battery
Battery occurs when someone intentionally strikes or touches another person without consent. Charges may be as follows:
- A first-time offense is usually a first-degree misdemeanor.
- If the person has a prior battery conviction, it becomes a third-degree felony.
The more severe the classification, the more serious the potential penalties are upon conviction.
2. Theft
Theft means taking property with the intent to permanently or temporarily deprive the lawful owner of it. Theft may be charged as follows:
- If the stolen property is worth less than $750, the offense is typically a misdemeanor.
- If the value is $750 or more, or the person has prior theft convictions, it may be charged as a felony.
3. Driving under the influence (DUI)
DUI involves operating a vehicle while impaired by alcohol or drugs. Potential charges include:
- A first or second DUI without injury is generally considered a misdemeanor.
- A third DUI within 10 years, a fourth DUI or any DUI involving serious injury or death is a felony.
Being charged with a felony carries far more serious consequences than a misdemeanor. If you have been charged in Florida with any type of crime, it is important to seek legal guidance as soon as you can.