Florida Criminal Law

This page of our website provides some of the Florida criminal laws that are associated with various crimes. The statutes provide information on the elements involved with a particular offense and the penalties associated with the offense. The Wilson Law Firm represents individuals who have been charged with felony and misdemeanor criminal offenses in the Orlando and central Florida area. Below are some of the Florida criminal laws associated with various offenses:

Accessory After the Fact:

Florida Statute 777.03 – Accessory after the fact.

Assault / Aggravated Assault:

Florida Statute 784.011 – Assault.
Florida Statute 784.021 – Aggravated assault.
Florida Statute 784.08 – Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.
Florida Statute 784.081 – Assault or battery on specified officials or employees; reclassification of offenses.

Battery / Aggravated Battery / Felony Battery:

Florida Statute 784.03 – Battery; felony battery.
Florida Statute 784.045 – Aggravated battery.
Florida Statute 784.08 – Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.
Florida Statute 784.081 – Assault or battery on specified officials or employees; reclassification of offenses.

Battery on Police Officer/LEO:

Florida Statute 784.07 – Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.

BUI – Boating Under the Influence

Florida Statute 327.35 – Boating under the influence; penalties; “designated drivers”

Burglary:

Florida Statute 810.02 – Burglary.
Florida Statute 810.06 – Possession of burglary tools.
Florida Statute 810.061 – Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty.
Florida Statute 810.07 – Prima facie evidence of intent.

Carrying a Concealed Firearm:

Florida Statute 790.01 – Carrying concealed weapons.

Carjacking:

Florida Statute 812.133 – Carjacking.

Child Abuse:

Florida Statute 827.03 – Abuse, aggravated abuse, and neglect of a child; penalties.
Florida Statute 827.035 – Newborn infants.
Florida Statute 827.04 – Contributing to the delinquency or dependency of a child; penalty.

Conspiracy Charges:

Florida Statute 777.04 – Attempts, solicitation, and conspiracy.

Contempt of Court:

Florida Statute 38.22 – Power to punish contempt.
Florida Statute 38.23 – Contempt defined.
Florida Statute 775.02 – Punishment of common-law offenses.

Florida Rule of Criminal Procedure 3.830 – Direct Criminal Contempt

Florida Rule of Criminal Procedure 3.840 – Indirect Criminal Contempt

Criminal Mischief:

Florida Statute 806.13 – Criminal mischief; penalties; penalty for minor.

Dealing in Stolen Property:

Florida Statute 812.019 – Dealing in stolen property.
Florida Statute 812.0191 – Dealing in property paid for in whole or in part by the Medicaid program.
Florida Statute 812.0195 – Dealing in stolen property by use of the Internet.
Florida Statute 812.022 – Evidence of theft or dealing in stolen property.
Florida Statute 812.028 – Defenses precluded.

Disorderly Conduct:

Florida Statute 509.143 – Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.
Florida Statute 877.03 – Breach of the peace; disorderly conduct.

Disorderly Intoxication:

Florida Statute 856.011 – Disorderly intoxication.

Domestic Violence:

Florida Statute 741.28 – Domestic violence; definitions.
Florida Statute 741.281 – Court to order batterers’ intervention program attendance.
Florida Statute 741.283 – Minimum term of imprisonment for domestic violence.
Florida Statute 741.29 – Domestic violence; investigation of incidents; notice to victims of legal rights and remedies; reporting.
Florida Statute 741.2901 – Domestic violence cases; prosecutors; legislative intent; investigation; duty of circuits; first appearance.
Florida Statute 741.2902 – Domestic violence; legislative intent with respect to judiciary’s role.

Driving on Suspended License:

Florida Statute 322.34 – Driving while license suspended, revoked, canceled, or disqualified.

DUI – Driving Under the Influence:

Florida Statute 316.193 – Driving under the influence; penalties.
Florida Statute 316.1932 – Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
Florida Statute 316.1933 – Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.
Florida Statute 316.1934 – Presumption of impairment; testing methods.
Florida Statute 322.2615 – Suspension of license; right to review.
Florida Statute 322.2616 – Suspension of license; persons under 21 years of age; right to review.

DUI – Manslaughter:

Florida Statute 316.193 – Driving under the influence; penalties.

Drug Paraphernalia Possession:

Florida Statute 893.147 – Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia.

Drug Cultivation, Possession & Sale:

Florida Statute 322.055 -Revocation or suspension of, or delay of eligibility for, driver’s license for persons 18 years of age or older convicted of certain drug offenses.
Florida Statutes 322.056 – Mandatory revocation or suspension of, or delay of eligibility for, driver’s license for persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition.
Florida Statute 775.16 – Drug offenses; additional penalties.
Florida Statute 893.03 – Controlled substances standards & schedules.
Florida Statute 893.13 – Prohibited acts and penalties.

Drug Trafficking:

Florida Statute 893.135 -Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.

Expungements & Sealings:

Florida Statute 943.0585 – Court-ordered expunction of criminal history records.
Florida Statute 943.059 – Court-ordered sealing of criminal history records.

False Imprisonment:

Florida Statute 787.02 – False imprisonment; false imprisonment of child under age 13, aggravating circumstances.

Firearm Offenses:

Florida Statute 775.087 – Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.
Florida Statute 790.01 – Carrying concealed weapons.
Florida Statute 790.10 – Improper exhibition of dangerous weapons or firearms.
Florida Statute 790.15 – Discharging firearm in public.
Florida Statute 790.151 – Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.

Fleeing & Eluding:

Florida Statute 316.1935 – Fleeing or attempting to elude a law enforcement officer, aggravated fleeing and eluding.

Fraud Involving Credit Cards:

Florida Statute 817.481 – Credit cards; obtaining goods by use of false, expired, etc.; penalty.
Florida Statute 817.60 – Theft; obtaining credit card through fraudulent means.
Florida Statute 817.61 – Fraudulent use of credit cards.
Florida Statute 817.612 – Expired or revoked credit cards.
Florida Statute 817.62 – Fraud by person authorized to provide goods or services.
Florida Statute 817.625 – Use of scanning device or reencoder to defraud; penalties.
Florida Statute 817.631 – Possession and transfer of credit-card-making equipment.
Florida Statute 817.645 – Alteration of credit card invoice; penalties.
Florida Statute 817.65 – Defenses not available.
Florida Statute 817.67 – Penalties.

Habitual Traffic Offenders:

Florida Statute 322.264 – “Habitual Traffic Offender” defined.
Florida Statute 322.27 – Authority of department to suspend or revoke license. (Points assigned for specific traffic crimes and infractions)
Florida Statute 322.271 – Authority to modify revocation, cancellation, or suspension order.
Florida Statute 322.34 – Driving while license suspended, revoked, canceled, or disqualified.

Home Invasion:

Florida Statute 812.135 – Home-invasion robbery.

Homicide / Manslaughter:

Florida Statute 782.03 – Excusable homicide.
Florida Statute 782.07 – Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
Florida Statute 782.071 – Vehicular homicide.
Florida Statute 782.072 – Vessel homicide.
Florida Statute 782.08 – Assisting self-murder.
Florida Statute 782.11 – Unnecessary killing to prevent unlawful act.

Juvenile Offenses:

Florida Statute 741.24 – Civil action against parents; willful destruction or theft of property by minor.
Florida Statute 985.033 – Right to counsel.
Florida Statute 985.101 – Taking a child into custody.
Florida Statute 985.255 – Detention criteria; detention hearing.
Florida Statute 985.35 – Adjudicatory hearings; withheld adjudications; orders of adjudication.

Kidnapping:

Florida Statute 787.01 – Kidnapping; kidnapping of child under age 13, aggravating circumstances.

Leaving the Scene of Accident:

Florida Statute 316.027 – Crash involving death or personal injuries.
Florida Statute 316.061 – Crashes involving damage to vehicle or property.
Florida Statute 316.062 – Duty to give information and render aid.

Lewd & Lascivious:

Florida Statute 800.04 – Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
Florida Statute 800.05 – Forfeiture of retirement benefits for a felony defined in s. 800.04.

Loitering & Prowling:

Florida Statute 856.021 – Loitering or prowling; penalty.
Florida Statute 856.022 – Loitering or prowling by certain offenders in close proximity to children; penalty.

Murder:

Florida Statute 782.04 – Murder.
Florida Statute 782.051 – Attempted felony murder.
Florida Statute 782.065 – Murder; law enforcement officer.
Florida Statute 782.09 – Killing of unborn quick child by injury to mother.

No Valid Drivers License:

Florida Statute 322.03 – Drivers must be licensed; penalties.

Possession of Alcohol Under 21:

Florida Statute 322.056 – Mandatory revocation or suspension of, or delay of eligibility for, driver’s license for persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition.
Florida Statute 562.111 – Possession of alcoholic beverages by persons under age 21 prohibited.

Possession of Firearm by Felon:

Florida Statute 790.23 – Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.

Possession of Firearm by Minor:

Florida Statute 790.22 – Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.

Probation Violations:

Florida Statute 948.06 – Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.

Prostitution:

Florida Statute 796.04 – Forcing, compelling, or coercing another to become a prostitute.
Florida Statute 796.05 – Deriving support from the proceeds of prostitution.
Florida Statute 796.06 – Renting space to be used for lewdness, assignation, or prostitution.
Florida Statute 796.07 – Prohibiting prostitution and related acts.
Florida Statute 796.08 – Screening for HIV and sexually transmissible diseases; providing penalties.
Florida Statute 796.09 – Coercion; civil cause of action; evidence; defenses; attorney’s fees.

Providing False ID to LEO:

Florida Statute 901.36 – Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.

Reckless Driving:

Florida Statute 316.192 – Reckless driving.

Resisting Arrest:

Florida Statute 843.01 – Resisting officer with violence to his or her person.
Florida Statute 843.02 – Resisting officer without violence to his or her person.
Florida Statute 843.025 – Depriving officer of means of protection or communication.
Florida Statute 843.03 – Obstruction by disguised person.

Robbery:

Florida Statute 812.13 – Robbery.
Florida Statute 812.131 – Robbery by sudden snatching.

Scheme to Defraud:

Florida Statute 817.034 – Florida Communications Fraud Act.

Sex Offenses:

Florida Statute 775.0877 – Criminal transmission of HIV; procedures; penalties.
Florida Statute 775.21 – The Florida Sexual Predators Act.
Florida Statute 775.215 – Sex Offender Residency Restrictions.
Florida Statute 794.011 – Sexual battery.
Florida Statute 794.0115 – Dangerous sexual felony offender; mandatory sentencing.
Florida Statute 794.023 – Sexual battery by multiple perpetrators; reclassification of offenses.
Florida Statute 794.05 – Unlawful sexual activity with certain minors.
Florida Statute 794.075 – Sexual predators; erectile dysfunction drugs.
Florida Statute 794.09 – Forfeiture of retirement benefits.
Florida Statute 800.03 – Exposure of sexual organs.
Florida Statute 800.04 – Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
Florida Statute 827.071 – Sexual performance by a child; penalties.
Florida Statute 847.0135 – Computer pornography; traveling to meet minor; penalties.
Florida Statute 847.0137 – Transmission of pornography by electronic device or equipment prohibited; penalties.
Florida Statute 847.0138 – Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.
Florida Statute 943.0435 – Sexual offenders required to register with the department; penalty.
Florida Statute 943.04354 – Removal of the requirement to register as a sexual offender or sexual predator in special circumstances (This Statute is often referred to as Florida’s Romeo & Juliet Law).
Florida Statute 943.0436 – Duty of the court to uphold laws governing sexual predators and sexual offenders.

Solicitation Charges:

Florida Statute 777.04 – Attempts, solicitation, and conspiracy.

Stalking:

Florida Statute 784.048 – Stalking; definitions; penalties.

Tampering:

Florida Statute 914.22 – Tampering with or harassing a witness, victim, or informant; penalties.
Florida Statute 918.12 – Tampering with jurors.
Florida Statue 918.13 – Tampering with or fabricating physical evidence.

Theft – Petit Theft / Shoplifting / Grand Theft:

Florida Statute 812.014 – Theft.
Florida Statute 812.0155 – Suspension of driver’s license following an adjudication of guilt for theft.
Florida Statute 812.0145 – Theft from persons 65 years of age or older; reclassification of offenses.
Florida Statute 812.015 – Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties.

Throwing Deadly Missile:

Florida Statute 790.19 – Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.

Traffic Offenses:

Florida Statute 316.027 – Crash involving death or personal injuries.
Florida Statute 316.061 – Crashes involving damage to vehicle or property.
Florida Statute 316.192 – Reckless driving.
Florida Statute 316.1935 – Fleeing or attempting to elude a law enforcement officer, aggravated fleeing and eluding.
Florida Statute 318.14 – Noncriminal traffic infractions; exception; procedures.
Florida Statute 318.143 – Sanctions for infractions by minors.
Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.
Florida Statute 318.18 – Amount of penalties. (Fines assigned for specific traffic infractions)
Florida Statute 322.03 – Drivers must be licensed; penalties.
Florida Statute 322.264 – “Habitual traffic offender” defined.
Florida Statute 322.27 – Authority of department to suspend or revoke driver license or identification card. (Points assigned for specific traffic crimes and infractions)
Florida Statute 322.34 – Driving while license suspended, revoked, canceled, or disqualified.

Trespass:

Florida Statute 810.08 – Trespass in structure or conveyance.
Florida Statute 810.09 – Trespass on property other than structure or conveyance.
Florida Statute 810.095 – Trespass on school property with firearm or other weapon prohibited.
Florida Statute 810.097 – Trespass upon grounds or facilities of a school; penalties; arrest.
Florida Statute 810.12 – Unauthorized entry on land; prima facie evidence of trespass.

Violation of Domestic Injunction:

Florida Statute 741.31 – Violation of an injunction for protection against domestic violence.

Weapon Offenses:

Florida Statute 775.087 – Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence. (Florida’s 10-20-Life Law for offenses involving Firearms)
Florida Statute 790.01 – Carrying concealed weapons.
Florida Statute 790.10 – Improper exhibition of dangerous weapons or firearms.
Florida Statute 790.115 – Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.
Florida Statute 790.15 – Discharging firearm in public.
Florida Statute 790.151 – Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.
Florida Statute 790.161 – Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.
Florida Statute 790.1615 – Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty.
Florida Statute 790.162 – Threat to throw, project, place, or discharge any destructive device, felony; penalty.
Florida Statute 790.22 – Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.
Florida Statute 790.23 – Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.

White Collar Crime:

Florida Statute 775.0844 – White Collar Crime Victim Protection Act.

Worthless Check Offenses:

Florida Statute 832.04 – Stopping payment; purchase of farm or grove products.
Florida Statute 832.041 – Stopping payment with intent to defraud.
Florida Statute 832.05 – Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form.
Florida Statute 832.07 – Prima facie evidence of intent; identity.
Florida Statute 832.09 – Suspension of driver license after warrant or capias is issued in worthless check case.

Criminal Defenses:

Florida Statute 775.027 – Insanity defense.
Florida Statute 775.051 – Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception.
Florida Statute 776.012 – Use of force in defense of person.
Florida Statute 776.013 – Home protection; use of deadly force; presumption of fear of death or great bodily harm.
Florida Statute 776.031 – Use of force in defense of others.
Florida Statute 776.041 – Use of force by aggressor.
Florida Statute 777.201 – Entrapment.
Florida Statute 782.02 – Justifiable use of deadly force.
Florida Statute 782.11 – Unnecessary killing to prevent unlawful act.
Florida Statute 921.0026 – Mitigating circumstances.

Criminal Penalties:

Florida Statute 775.082 – Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.
Florida Statute 775.083 – Fines.
Florida Statute 775.0837 – Habitual misdemeanor offenders.
Florida Statute 775.084 – Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.
Florida Statute 775.08435 – Prohibition on withholding adjudication in felony cases.
Florida Statute 775.0845 – Wearing mask while committing offense; reclassification.
Florida Statute 775.0846 – Possession of bulletproof vest while committing certain offenses.
Florida Statute 775.0847 – Possession or promotion of certain images of child pornography; reclassification.
Florida Statute 775.085 – Evidencing prejudice while committing offense; reclassification.
Florida Statute 775.0861 – Offenses against persons on the grounds of religious institutions; reclassification.
Florida Statute 775.087 – Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.
Florida Statute 775.0875 – Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.
Florida Statute 775.16 – Drug offenses; additional penalties.
Florida Statute 921.0022 – Criminal Punishment Code; offense severity ranking chart.
Florida Statute 921.0023 – Criminal Punishment Code; ranking unlisted felony offenses.
Florida Statute 921.0024 – Criminal Punishment Code; worksheet computations; scoresheets.
Florida Statute 958.04 – Judicial disposition of youthful offenders.

Orlando Criminal Attorney Services:

Speak with a Orlando criminal attorney and review our website for more information on some of the following Florida criminal offenses: