Florida § 775.08435 - Prohibition on withholding adjudication in felony cases.
Full text of Florida Florida Statutes § 775.08435 — Prohibition on withholding adjudication in felony cases., with citation guidance and answers to common questions.
§ 775.08435. Prohibition on withholding adjudication in felony cases.
(1) Notwithstanding the provisions of s. 948.01, the court may not withhold adjudication of guilt upon the defendant for: (a) Any capital, life, or first degree felony offense. (b) A second degree felony offense unless: 1. The state attorney requests in writing that adjudication be withheld; or 2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026. Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense. (c) A third degree felony that is a crime of domestic violence as defined in s. 741.28, unless: 1. The state attorney requests in writing that adjudication be withheld; or 2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with s. 921.0026. (d) A third degree felony offense if the defendant has a prior withholding of adjudication for a felony offense that did not arise from the same transaction as the current felony offense unless: 1. The state attorney requests in writing that adjudication be withheld; or 2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026. Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a third degree felony offense if the defendant has two or more prior withholdings of adjudication for a felony that did not arise from the same transaction as the current felony offense. (2) This section does not apply to any adjudication or withholding of adjudication under chapter 985. (3) The withholding of adjudication in violation of this section is subject to appellate review under chapter 924.
Source: official Florida text · Last verified 2026-08-27
Frequently Asked Questions About Florida § 775.08435
What does Florida Statutes § 775.08435 cover?
Section 775.08435 ("Prohibition on withholding adjudication in felony cases.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 775.08435?
A common citation format is "Florida Statutes § 775.08435" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 775.08435 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.