What is the Difference Between First-Degree Felony and Punishable By Life Felony in Florida?

May 19, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, first-degree felonies and punishable by life (PBL) felonies both carry extremely heavy criminal penalties if someone is convicted. Though PBL felonies are also first-degree felonies, specific facts of a case may result in a first-degree felony being punishable by life in prison as opposed to the typical maximum of 30 years. This article will discuss the differences between first-degree felony and PBL felony charges.

Under Florida law, felonies are classified into five categories: capital felony, life felony, first-degree felony, second-degree felony, and third-degree felony. A life felony is specifically designated by statute, and carries different penalties from first-degree and PBL felonies. PBL felonies are a subset of first-degree felonies that are punishable by up to life in prison (like life felonies), but are not themselves life felonies.

When someone is charged with a first-degree felony, this is typically punishable by up to 30 years in prison and a $10,000 fine under Florida law. Some examples of first-degree felonies include:

• Trafficking over 28 grams but less than 200 grams of cocaine 
• Aggravated battery on a law enforcement officer
• Aggravated child abuse
• Aggravated fleeing and eluding, causing serious bodily harm or death
• Trafficking 4-14 grams of heroin
• Carjacking without a weapon
• Burglary of a dwelling with damage over $1,000

However, under certain circumstances, a first-degree felony may be charged as a PBL felony. This is because the specific facts of the case may allow for the enhanced potential punishment of life in prison under Florida law – as opposed to the usual 30-year maximum for a first-degree felony conviction.

A PBL felony carries a statutory maximum of life imprisonment, but is not considered a capital offense because the death penalty is not a permissible punishment. A PBL felony can also carry up to a $15,000 fine, as opposed to the standard $10,000 for first-degree felonies. 

Examples of PBL felonies in Florida may include:

• Sexual battery on a minor above the age of 12 but under the age of 16 by a family member or custodian
• Armed robbery with a firearm or deadly weapon
• Kidnapping with a weapon or while committing another felony
• Attempted first-degree murder
• Home invasion robbery with a weapon

Though the difference between first-degree and PBL felonies may seem minor, this distinction can have significant consequences in the real world. Charging a PBL felony allows prosecutors to pursue a punishment of life imprisonment for a crime that may not have been premeditated, and is not a capital offense or life felony. 

This also means that unlike capital cases where twelve jurors are required under Florida law, someone who is charged with a PBL felony is still only entitled to a jury of six according to the U.S. Supreme Court’s Williams ruling. 

A first-degree felony charge can be amended to a PBL charge by a prosecutor before trial. If the prosecution initially charges a first-degree felony such as unarmed robbery (first-degree felony), but later discovers evidence that the alleged perpetrator was armed, the charge can be upgraded to reflect these new allegations. Armed robbery is PBL under Fla. Stat. Section 812.13, whereas unarmed robbery is punishable by 30 years.

Other first-degree felonies that may be charged as PBL include:

• Burglary of a dwelling, if the perpetrator commits assault, battery, or is armed
• Lewd or lascivious molestation of victim aged 12 to 16, if the alleged perpetrator was in a position of familial or custodial authority
• Kidnapping, if the kidnapping involves a child under 13 being held for ransom, the child is injured, or the kidnapping occurs to interfere with a government function
• Sexual battery with use of a deadly weapon or victim suffering serious injury

In sum, punishable by life (PBL) felonies are a subset of first-degree felonies. Though first-degree felonies are typically punishable by up to 30 years in prison and a $10,000 fine, certain facts may increase the charges to PBL – still a first-degree felony, but punishable by life in prison and a $15,000 fine.

If someone is being charged with a PBL felony, it is critical that they seek out an experienced and aggressive defense attorney to spot any potential issues with the charges. Given that small factual differences may make the difference in whether someone faces a maximum of 30 years in prison or up to life (if convicted), this seemingly minor distinction can have a major impact on a case.

If someone is concerned about a case involving a first-degree or punishable by life felony, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Lawyer in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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