Criminal offenses under state and federal laws are generally categorized by the seriousness of the crime as felonies (more serious) or misdemeanors (less serious). Felonies are offenses that generally may result in prison sentences of more than one year, and misdemeanors carry sentences of one year or less. The United States Congress sets the penalties for all federal criminal offenses, and thus decides which criminal offenses are felonies and which are misdemeanors. And the state legislature in each state decides which criminal offenses are felonies and which are misdemeanors under state law.

In Florida, criminal offenses are classified into felonies and misdemeanors based on the severity of the crime, consistent with the broader distinction used across the United States. Felonies in Florida are serious crimes that can result in imprisonment for more than one year, and they are further divided into different classes (capital felony, life felony, and felonies of the first, second, and third degree) with varying penalties. Misdemeanors in Florida are less serious offenses and are categorized as either first-degree misdemeanors, which may result in imprisonment up to one year, or second-degree misdemeanors, with imprisonment of up to 60 days. The Florida Legislature is responsible for defining state crimes and their classifications, while the United States Congress determines the classification of federal offenses. Penalties for federal crimes are set by Congress and can include felonies and misdemeanors, with the former carrying more severe penalties.