Florida Misdemeanor Exceptions (2024 Updated)

David Weisselberger | February 26, 2024

e-filing portal logo
national trial lawyers top 40 under 40 logo
bbb logo
florida bar logo
aba logo
shopper approved logo
lawpay logo

In Florida, understanding the nuances of misdemeanor law is critical, especially when it comes to exceptions. Florida misdemeanor exceptions outline specific circumstances where law enforcement officers can make warrantless arrests for misdemeanor offenses. These exceptions play a crucial role in maintaining public safety and upholding the law. 

By exploring the intricacies of Florida misdemeanor exceptions, individuals can navigate the legal system with greater clarity and confidence. In this guide, we delve into the latest updates and insights on Florida misdemeanor exceptions, shedding light on when these exceptions apply and how they impact individuals facing misdemeanor charges in the state.

What Are Misdemeanor Exceptions in Florida?

what are misdemeanor exceptions

Misdemeanor exceptions in Florida delineate circumstances where law enforcement can make arrests without warrants for misdemeanor offenses. These exceptions, embedded within Florida statutes, provide legal grounds for immediate arrest in certain situations deemed critical for public safety and law enforcement efficiency. 

Understanding misdemeanor exceptions is essential for both citizens and law enforcement personnel, ensuring compliance with legal protocols and safeguarding individual rights. 

These exceptions serve as a mechanism for swift action in cases of disorderly conduct, domestic violence, DUI, and other misdemeanor offenses. By delineating the parameters of warrantless arrest in Florida, Florida's misdemeanor exceptions aim to balance law enforcement prerogatives with individual liberties and public welfare.

Also read: How Long Does A Misdemeanor Stay On Your Record

Looking for a misdemeanor expungement lawyer?

We are proud to be the fastest expungement lawyer in Florida

Florida Misdemeanor Exception List in 2024

In 2024, the Florida misdemeanor exception list comprises several offenses warranting warrantless arrests by law enforcement officers:

misdemeanor exception list
  • Disorderly Conduct: Instances of disruptive behavior in public spaces fall under this category, aiming to maintain order and civility in communities.
  • Domestic Violence: Incidents involving physical, emotional, or psychological abuse within familial or intimate relationships warrant immediate intervention to protect victims and prevent further harm.
  • Driving Under the Influence (DUI): Impaired driving poses significant risks to road safety and may lead to accidents, injuries, or fatalities, necessitating swift enforcement measures.
  • Assault: Acts involving threats or attempts to harm individuals physically, even without actual physical contact, are subject to warrantless arrest to prevent escalation and ensure public safety.
  • Certain Types of Theft: Instances of theft, especially those involving substantial property loss or posing threats to public welfare, merit immediate action to apprehend perpetrators and recover stolen assets.

The Florida warrantless arrest list in 2024 reflects its commitment to addressing threats to public safety and maintaining social order. By delineating specific offenses warranting prompt law enforcement response, the state aims to mitigate risks, protect individuals and communities, and uphold the rule of law effectively. 

Comprehending these exceptions is vital for both citizens and law enforcement officers to navigate legal intricacies and uphold accountability in the administration of justice.

Expunge Your Misdemeanor with EraseTheCase

Handled by one of the top 1% expungement lawyer in Florida

When Can Florida Misdemeanor Exceptions Apply?

Florida misdemeanor exceptions can apply in various scenarios where immediate intervention by law enforcement is deemed necessary to address threats to public safety and uphold the law. These exceptions allow for warrantless arrests under specific circumstances outlined in Florida statutes:

when can misdemeanor exceptions apply
  • Imminent Threat to Public Safety: When an individual's actions pose an imminent threat to public safety or welfare, law enforcement officers can execute a warrantless arrest to prevent harm and maintain order.
  • Risk of Escalation: Situations where there is a high likelihood of escalation or further harm occurring if immediate action is not taken may warrant misdemeanor exceptions, enabling law enforcement to intervene promptly.
  • Evidence of Criminal Activity: When there is substantial evidence indicating criminal activity, such as disorderly conduct, domestic violence, or DUI, law enforcement officers may invoke misdemeanor exceptions to address the situation swiftly.
  • Preservation of Evidence: In cases where there is a risk of evidence being tampered with or destroyed if law enforcement delays action, misdemeanor exceptions allow for immediate arrest to preserve crucial evidence for investigation and prosecution.

It is crucial for both citizens and law enforcement personnel to comprehend the circumstances under which Florida misdemeanor exceptions may be applicable. This understanding ensures adherence to legal protocols, protects individual rights, and effectively maintains public safety.

By delineating the parameters of warrantless arrests, these exceptions strike a balance between law enforcement prerogatives and civil liberties, promoting accountability and justice in the administration of the law. Know more about when arrest by officer without warrant is lawful.

How We Can Help

We provide expert guidance and assistance throughout the expungement and sealing process. ErasetheCase helps gather required documents, complete applications accurately, and represent clients in court if needed. With ongoing support, we ensure a smooth and efficient process, helping individuals clear their criminal records with confidence.


Yes, reckless driving can be considered a misdemeanor exception in Florida if it endangers public safety.

Misuse of emergency services like 911 may result in misdemeanor charges and warrantless arrest in Florida, depending on the circumstances.

Yes, disorderly intoxication behavior can lead to warrantless arrest under Florida's misdemeanor exception rule.

5/5 - (1 vote)
best Florida expungement lawyers
David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

Trusted process. Proven results.

We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
google reviews
  • google logogoogle reviews stars
    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
    Lee County
  • google logogoogle reviews stars
    "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. "
    Miami-Dade County
  • google logogoogle reviews stars
    "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!"
    Broward County
  • google logogoogle reviews stars
    "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything."
    Orange County
  • google logogoogle reviews stars
    "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you."
    Hillsborough County
  • google logogoogle reviews stars
    "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David"
    Palm Beach County
  • google logogoogle reviews stars
    "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue."
    Duval County
  • google logogoogle reviews stars
    "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case."
    Pinellas County
  • google logogoogle reviews stars
    "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process."
    Polk County
Click to see more reviews.
google reviews logoshopper approved logo
phone-handsetcrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram