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Florida Statute 775.081 | Lawyer Caselaw & Research
F.S. 775.081 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 775.081

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
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;
(c) Felony of the first degree;
(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.

F.S. 775.081 on Google Scholar

F.S. 775.081 on Casetext

Amendments to 775.081


Arrestable Offenses / Crimes under Fla. Stat. 775.081
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.081.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 754 (Fla. 2018)

. . . L.Ed.2d 314 (2013), require the jury and not the trial court to make the factual finding under section 775.081 . . .

STATE v. KWITOWSKI, Jr., 250 So. 3d 210 (Fla. App. Ct. 2018)

. . . In 1971, the legislature adopted section 775.081, titled "[c]lassifications of felonies and misdemeanors . . . ." § 775.081, Fla. . . . And section 775.081 says that when the legislature has made the classification of a felony relevant, . . . Section 775.081(1) lists every classification the legislature might give to any felony it creates and . . . Nothing in either section 775.081(1) or section 775.082 says that the constitutional availability of . . .

R. GADSON, v. STATE, 165 So. 3d 720 (Fla. Dist. Ct. App. 2015)

. . . See § 775.081(1), Fla. . . .

B. LEFTWICH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 148 So. 3d 79 (Fla. 2014)

. . . upon or in the presence of the child; or (g) Is sentenced, or has previously been sentenced, under s. 775.081 . . .

GISI, v. STATE, 948 So. 2d 816 (Fla. Dist. Ct. App. 2007)

. . . At that time, section 775.081(1), Florida Statutes (1991), provided for parole eligibility after serving . . .

SARIDAKIS, v. STATE, 936 So. 2d 33 (Fla. Dist. Ct. App. 2006)

. . . See § 775.081(2), Fla. Stat. . . . We reject for several reasons appellant’s contention that, pursuant to section 775.081(2), criminal contempt . . . Section 775.081(2) provides that “[a]ny crime declared by statute to be a misdemeanor without specification . . . Further, applying section 775.081(2) (providing that any misdemeanor not declared by statute to be of . . . Thus, section 775.081(2) would prohibit a term of imprisonment in excess of sixty days for any common . . .

McDONALD, v. STATE, 912 So. 2d 74 (Fla. Dist. Ct. App. 2005)

. . . pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.081 . . .

MORRIS, v. STATE, 909 So. 2d 428 (Fla. Dist. Ct. App. 2005)

. . . Compare § 775.081(l)(b); § 775.082(3)(a)3., Fla.Stat. . . . imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment) with § 775.081 . . .

C. McMURTRY, v. STATE, 907 So. 2d 1266 (Fla. Dist. Ct. App. 2005)

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

GONSALVES, v. STATE, 830 So. 2d 265 (Fla. Dist. Ct. App. 2002)

. . . statutory maximum for sexual battery for purposes of Apprendi analysis is that contained in section 775.081 . . .

BOTTOSON, v. W. MOORE,, 833 So. 2d 693 (Fla. 2002)

. . . See § 775.081(1), Fla. Stat. (2001). . . .

WARD, v. STATE, 807 So. 2d 808 (Fla. Dist. Ct. App. 2002)

. . . See §§ 316.193, 775.081(2), Fla. Stat. (1999). . . .

KNIGHT, v. STATE, 808 So. 2d 210 (Fla. 2002)

. . . is no separate classification for first-degree felonies punishable by life imprisonment” in section 775.081 . . .

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.” § 775.081(1), Fla. . . . “A capital felony and a life felony must be so designated by statute.” § 775.081(1), Fla. . . .

NEW, v. STATE, 807 So. 2d 52 (Fla. 2001)

. . . who had the misfortune to be sentenced during the six year window between the amendment of section 775.081 . . .

BETANCOURT, v. STATE, 767 So. 2d 557 (Fla. Dist. Ct. App. 2000)

. . . Sec. 775.081(1), Fla. Stat. (1989). . . .

STATE v. R. HADDIX, R. HADDIX, v. STATE, 668 So. 2d 1064 (Fla. Dist. Ct. App. 1996)

. . . See §§ 316.193 & 775.081(2), Fla.Stat. (1993). . . . See §§ 316.193(1) & 775.081(2), Fla.Stat. (1993). . . .

STATE v. McLEOD,, 652 So. 2d 923 (Fla. Dist. Ct. App. 1995)

. . . Court stated: If a trial judge chooses to impose a sentence more lenient than that required by section 775.081 . . .

HUFFMAN, v. STATE, 611 So. 2d 2 (Fla. Dist. Ct. App. 1992)

. . . See § 775.081(1), Fla.Stat. (1971). . . .

EADY, v. STATE, 604 So. 2d 559 (Fla. Dist. Ct. App. 1992)

. . . .” § 775.081(1), Fla.Stat. (1989). . . .

LAMONT, v. STATE BROOKS, v. STATE, 597 So. 2d 823 (Fla. Dist. Ct. App. 1992)

. . . violation of a felony statute inter alia is “punishable ... as provided in s. 775.082, s. 775.083, or s. 775.081 . . .

BURDICK, v. STATE, 594 So. 2d 267 (Fla. 1992)

. . . . § 775.081(1), Fla.Stat. (1989). . . . To paraphrase the court below, Burdick would have us judicially amend section 775.081(1) to add another . . .

BURDICK, v. STATE, 584 So. 2d 1035 (Fla. Dist. Ct. App. 1991)

. . . In essence, appellant here asks us to judicially amend Section 775.081, Florida Statutes to add another . . . Additionally, during the special session of November 1972, the legislature amended section 775.081 by . . .

CORTRIGHT v. THE HONORABLE JOHN C. ADKINS,, 49 Fla. Supp. 2d 176 (Fla. Cir. Ct. 1991)

. . . However, section 775.081(2) F.S., provides in part that: “Any crime declared by Statute to be a misdemeanor . . .

LAREAU, v. STATE, 573 So. 2d 813 (Fla. 1991)

. . . be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.081 . . .

NGAI, v. STATE, 556 So. 2d 1130 (Fla. Dist. Ct. App. 1989)

. . . second degree murder charge to a first degree felony because of the use of a firearm pursuant to section 775.081 . . .

WILLIAMS, v. STATE, 531 So. 2d 1033 (Fla. Dist. Ct. App. 1988)

. . . State, 521 So.2d 210, 212 (Fla. 1st DCA 1988) (enhancement under § 775.081(1), Fla.Stat.(1985) permissible . . .

CARROLL, v. STATE, 530 So. 2d 454 (Fla. Dist. Ct. App. 1988)

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

A. DUNN, v. STATE, 522 So. 2d 41 (Fla. Dist. Ct. App. 1988)

. . . the first degree punishable by life” is not listed in the classification of felonies under section 775.081 . . .

McLEOD, v. STATE, 523 So. 2d 603 (Fla. Dist. Ct. App. 1987)

. . . Section 775.081, Florida Statutes (1983), in classifying felonies and misdemeanors, specifically provides . . .

COOPER, v. STATE, 455 So. 2d 588 (Fla. Dist. Ct. App. 1984)

. . . Section 775.081 “classifies” felonies. . . .

DUKE, v. STATE, 444 So. 2d 492 (Fla. Dist. Ct. App. 1984)

. . . . § 775.081(1), Fla.Stat. . . .

M. EVERETT, v. STATE, 435 So. 2d 955 (Fla. Dist. Ct. App. 1983)

. . . Statutes (1981), and for attempting willfully to leave the scene of the accident, sections 316.027(2), 775.081 . . .

WHITLOCK, v. STATE, 404 So. 2d 795 (Fla. Dist. Ct. App. 1981)

. . . See sections 812.13(2)(a); and 775.081. . . .

GARVIN, v. STATE, 413 So. 2d 34 (Fla. Dist. Ct. App. 1981)

. . . Section 775.081(1), Fla.Stat. (1979). . . .

LEE, v. STATE, 399 So. 2d 1027 (Fla. Dist. Ct. App. 1981)

. . . See § 812.13(2)(a) and § 775.081(1), Fla.Stat. . . .

W. PURWIN, v. STATE, 385 So. 2d 165 (Fla. Dist. Ct. App. 1980)

. . . Sections 775.081 and 775.082, Fla.Stat. (1979). . . .

DADE COUNTY, v. M. GOLDSTEIN, G. C., 384 So. 2d 183 (Fla. Dist. Ct. App. 1980)

. . . . §§ 775.081(l)(b), 775.082(3)(a), 775.083(1 )(a), Fla.Stat.(1979). . . . . §§ 775.081(l)(c), 775.082(3)(b), 775.083(l)(b), Fla.Stat.(1979). . . .

REINO, Sr. v. STATE T. STATE REINO, Jr. v. T. WETHERINGTON,, 352 So. 2d 853 (Fla. 1977)

. . . here, the attorney general there maintained that the definition of “capital felonies” under Section 775.081 . . .

HOLMES, v. STATE, 342 So. 2d 134 (Fla. Dist. Ct. App. 1977)

. . . The trial court turned to Section 775.081(2), Florida Statutes (1975), which states: “(2) Misdemeanors . . . But the last sentence of Section 775.081(2) requires that the crime be declared by statute as a misdemeanor . . .

MORGAN, v. STATE, 309 So. 2d 552 (Fla. Dist. Ct. App. 1975)

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

STATE v. DIXON STATE v. D. SETSER, STATE v. HUNTER STATE v. L. SHEPPARD,, 283 So. 2d 1 (Fla. 1973)

. . . . § 775.081(1), F.S.1971 F.S.A. . . .

STEPHENS d b a v. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY,, 278 So. 2d 269 (Fla. 1973)

. . . . §§ 775.081-.083 providing a penalty of sixty days in jail and/or a $500 fine for misdemeanors the degree . . .

DONALDSON, v. SACK,, 265 So. 2d 499 (Fla. 1972)

. . . He suggests that the new definition of “capital felonies” under Fla.Stat. 775.081(1), F. . . .