first degree misdemeanor florida

First degree misdemeanors are more severe crimes and punishable by up to a year in the county jail and a fine of up to $1,000.00. In Florida. There are many things required to get your record sealed or expunged. The first important thing is to have a valid “Certificate of Eligibility” or COE. Without. A first-degree misdemeanor is the most serious type of misdemeanor crime in the state of Florida, and is governed by Florida state statutes, Section 775.082.

: First degree misdemeanor florida

First degree misdemeanor florida
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Do You Need to Call a Lawyer for a Misdemeanor?

Rohom Khonsari June 18, 2018

Misdemeanors in Florida FAQ

In Florida, a misdemeanor is a criminal charge that’s punishable by less than one year of jail time. These charges are handled at the county court level (unless the charge is coupled with a felony charge). Sentences for misdemeanor convictions are less severe than those for felony convictions, but both are criminal convictions with the potential for negative consequences throughout life, even after the sentence has been served.

Examples of misdemeanor offenses include:

  • DUI
  • Disorderly conduct
  • Petty theft
  • Prostitution
  • Loitering
  • Battery
  • Domestic violence battery
  • Driving with a suspended license
  • Possession of marijuana
  • Resisting an officer

Do I Need to Hire a Lawyer for a Misdemeanor?

Yes! While not as serious as a felony charge, a misdemeanor is nonetheless a criminal offense with potentially life-altering ramifications. You could end up paying hefty fines, spending time in jail, experiencing job-search difficulty, struggling with housing and family rights, or dealing with other long-term negative consequences if you are convicted of a misdemeanor in Florida. Although misdemeanors are considered less serious than felonies, the “collateral consequences” of a misdemeanor conviction are first degree misdemeanor florida to those of a felony conviction—and misdemeanor offenses are even more difficult to expunge from your record than felony offenses.

In some cases, a lawyer can have your misdemeanor case dismissed entirely. Even if this is not possible, by hiring a lawyer who is well versed inFlorida law, you can significantly increase your chances of a positive outcome for your case. A criminal defense lawyer will work to get your charges reduced before court proceedings begin, and if you are sentenced, a lawyer can negotiate sentence reductions or possibly help you avoid jail time altogether.

First vs. Second Degree Misdemeanor Charges

Florida law distinguishes between first and second-degree misdemeanors. Both are considered criminal charges, but first-degree misdemeanors can carry a sentence of up to one year in jail, while second-degree misdemeanors will carry a maximum sentence of 60 days in jail.

Theft of property valued at more than $100 and less than $300 is an example of a first-degree misdemeanor in Florida, while prostitution (first-time offense) is considered a second-degree misdemeanor in Florida.

Potential Consequences of a Misdemeanor Charge and Conviction

If you are charged with a misdemeanor in Florida, you will be fingerprinted, and your mug shot will be taken. You will have a criminal record, which can affect your ability to secure employment, loans, and housing, and can lead to other financial, emotional and social difficulties down the road.

Contact the Khonsari Law Group Today to Discuss Your Florida Misdemeanor Case

Call the Khonsari Law Group at (727) 269-5300 or contactKLG defense online to speak with an experienced attorney today about your misdemeanor charge. KLG’s lawyers approach each client’s situation on a case-by-case basis and know the ins and outs of Florida law. They have helped many clients deal with their misdemeanor charges—sometimes getting cases dismissed entirely, and minimizing fines and jail time whenever possible. Contact the Khonsari Law Group today to talk to an attorney who can help with your Florida misdemeanor case.

Источник: https://klgflorida.com/do-you-need-to-call-a-lawyer-for-a-misdemeanor/

Misdemeanor Case Process

The term "misdemeanor" in Florida means any criminal offense that is punishable under the laws of this state by a term of imprisonment in a county correctional facility, not in excess of 1 year.

A. Jurisdiction

Misdemeanors are handled in County Courts (unless coupled with a felony).

B. Types

Misdemeanors are broken down into two categories:

Second Degree: These crimes are punishable by a max of 60 days in the county jail.

First Degree: These are crimes are punished by a maximum of one year in the county jail.

C. Custody

For misdemeanors a person may be accused of a criminal violation in two different ways. First, a person may either be given a Notice to Appear which is a written order from a law enforcement officer informing a person that they have been accused of committing a crime and they shall appear at court on a specific day and time. Secondly, a person may be arrested by law enforcement and brought into custody, pending a hearing.

D. Court

Here is a general overview of the court process. Note different hearings and scenarios may occur, please consult your attorney.

1. First Appearance

When a defendant is arrested and brought into custody, they must appear before a judge within 24 hours of their arrest. This is known as a First Appearance. At First Appearance, a Judge will inform the accused of the charges and that the accused is entitled to counsel and may consult them. A Judge will determine if the accused is released from custody. The Judge makes his or her decision on; 1. severity of the crime, 2. flight risk and attachment to their community, 3. whether the accused is a danger to the community. Then,three outcomes may occur. The accused may be released on their first degree misdemeanor florida recognizance (ROR), in which the court releases the accused based on their promise to appear at the next court hearing. The second outcome is the Judge sets a bond in which, they order the accused to post a monetary bond in exchange for their release. Finally, a Judge may order that the accused may not be released before trial and held in custody (in certain circumstances). In Florida there is a presumption of pretrial release.

2. Arraignment

A defendant appears before a judge, where they are read bank of america des moines wa hours charges by a state attorney (prosecutor). At this point a defendant may enter a plea of either not guilty, nolo contendere (not contesting the charges), or guilty. In some instances, counsel may have the arraignment waived in writing to the court. If accused enters a plea of not guilty, they are given adequate time to prepare for trial.

3. Docket Sounding

Most jurisdictions will hold a pre-trial proceeding (often known as a docket sounding) to determine the status of a case, take a plea, or set a case for trial. In some instances, a continuance, or another proceeding is allowed so that either side may further prepare or investigate the case.

4. Trial

In Florida, the accused is granted the right to a trial by jury if a potential punishment is incarceration. During a trial, the state attorney and the accused present evidence to the jury for each criminal charge. The Judge will decide issues of law that may or may not be presented to the jury. The jury is then charged with deliberating (discussing among themselves) which set of facts the jury more likely believes. They must be unanimous in their decision (all agree to the same result). If a jury does not believe the State Attorney has proved a case beyond a reasonable doubt, then the jury must return a verdict of not guilty. If the juror believes the State Attorney has proved their case beyond a reasonable doubt, then the jury must return a verdict of guilty. If the jury is unable to reach a unanimous decision after considerable deliberation, the judge may grant a mistrial, and new trial date set.

5. Sentencing

Sentencing may occur after trial or on a separate date depending if specific circumstances warrant it. The accused may either have:

A fine imposed

Probation

Jail time

A sentence may be a combination of the first degree misdemeanor florida, for example, 3 months jail followed by 6 months of probation. Sentencing may include other criteria which the court finds necessary. For example, a drug treatment facility for drug offenses.

 

Disclaimer: None of the above constitutes legal advice. Please consult your attorney to discuss your case.

Источник: https://flrc2.org/misdemeanor.html

What Is a Minimum Sentence for a 3rd Degree Felony in Florida?

Being charged with a crime is incredibly stressful. You’re worried about the third degree felony charges you’re facing and don’t know what to do or who to turn to at this point.

 

So many questions are racing through your head. What happens when you’re charged with a third degree felony in Florida? Are you going to go to prison? If so, how long will your sentence be? Will you have to pay fines, too? Could you lose your job? Will this be on your record forever?

 

Even though you’re going through a difficult situation, the worst thing you could do at this point is hide under your covers and wait until your court date to see what happens. Instead, it’s time to take control and educate yourself about your charges and the possible outcomes. Then, you can find a criminal defense lawyer in West Palm Beach to help you fight your charges.

What Is a Felony?

First, you should learn what a felony is exactly. A felony is a criminal offense that could lead to a prison term. There are third degree, second degree, first degree, and capital or life felonies, with third being the least serious and capital or life being the most serious.

 

For example, in Florida, capital or life felonies include murder, robbery with a firearm, and sexual battery. Each state classifies felonies, as well as misdemeanors, in its own way. Some states use Class A, Class B, etc. to classify felonies and misdemeanors, but Florida uses the degree system.

 

There are violent and nonviolent felonies. Violent felonies usually involve threatening violence or actually committing violence against another person. For example, if someone has a gun and they threaten to kill someone with it, they could face a felony charge… even if they never pulled the trigger.

 

A nonviolent felony would be something that is first degree misdemeanor florida to the public but not violent. For example, tax evasion and fraud are classified as felonies. If a person pretends to be a hedge fund manager and convinces people to give them money to invest into this phony hedge fund, then that person could be charged with a felony.

What Is the Minimum Sentence for a 3rd Degree Felony in Florida?

There is no minimum sentence for a third degree felony in Florida, but there is a maximum sentence of up to five years in prison. There is also a maximum fine of up to $5,000. Depending on the crime, the court may order the american express can t pay bill to pay restitution to the victim.

 

Instead of giving the defendant a prison sentence, the court could also sentence them to probation for up to five years. The Florida Department of Corrections would supervise the probation.

What Crime Results in a Third Degree Felony Charge?

There are a number of crimes someone could commit to land a third degree felony charge in Florida. Some of them include:

 

  • Possession of a controlled substance, such as illegal drugs like cocaine, heroin, and cannabis
  • A felony DUI with serious bodily injury
  • Aggravated assault
  • Battery on a law enforcement officer
  • Carrying a concealed firearm
  • Possession of marijuana with intent to sell
  • Aggravated stalking
  • Cultivation of cannabis
  • Bribery
  • Child abuse
  • Grand theft
  • Unemployment compensation fraud
  • Felony battery
  • Driving with a suspended license
  • Burglary of a structure
  • Exploitation of an elderly person or disabled person
  • Child neglect

 

Explanation of Some Third Degree Felony Charges

 

You may not be familiar with some of these charges. Learning what the terms mean could help west valley city park understand the criminal charges you’re facing.

 

For example, aggravated assault is when a person attempts to cause bodily harm to their victim with complete disregard for their life. It can also include a threat to harm someone in this manner. While punching someone once in the face may not be classified as aggravated assault, punching someone repeatedly and possibly causing a head injury may very well likely be classified as an aggravated assault.

 

Grand theft involves intentionally and unlawfully taking property that is worth $300 to $20,000. Some types of theft that would be classified as grand theft in Florida include stealing a firearm, a motor vehicle, a stop sign, a commercially farmed animal, or a will.

 

Felony battery occurs when a person intentionally strikes or touches another person, which results in great royal business bank merger harm. A person could be charged with felony battery if they are charged with a prior conviction for battery. An example of felony battery would be if a person kicked a victim so hard that the victim walgreens mankato front st a bone.

 

Bribery involves offering a person who has power or influence money or something else of value in order to sway them. For example, if a person gives money to a cop to try to get them out of prison, this would be illegal and could result in a third degree felony charge.

 

There is a difference between child abuse and child neglect in Florida. According to Florida law, an individual “who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree.”

 

Child neglect occurs when a caregiver fails to take the steps to protect a child. For instance, abuse classified as a third degree felony may include lightly shoving a child but not causing injury, while neglect could include intentionally not feeding a child for an extended period of time.

 

Exploitation of an elderly person means that a person exploits a victim who is 60 years of age or older and suffering from the infirmities of aging. A person may be found guilty of taking money out of an elderly person’s bank account without their knowledge, for instance, and be charged with a third degree felony. The same would be true if they exploited a disabled person.

 

In Florida, the recreational use of cannabis is illegal. If a person possesses more than 20 grams (25 pounds) of it, they could face a third degree felony charge. They could also face these charges if they possess less than 25 cannabis plants.

 

The law in Florida is intricate and can be confusing to someone who is unfamiliar with legal terms. If you’re charged with a third degree felony, you could try to research it online, but it’s always best to call a criminal defense lawyer in Florida as well. It’s like trying to diagnosis yourself by looking at WebMD; the information you find on your illness may be correct, but you could also scare yourself and believe you’re worse off than you truly are. Instead, it’s always a good move to turn to a professional for assistance.

 

What Can Happen As a Result of a Third Degree Felony Charge?

You know that if convicted of a third degree felony in Florida, you could possibly serve up to five years in prison and pay up to $5,000 in fines and restitution.

 

Or, you may have to go on probation for up to five years. If you get probation, you’ll be assigned a probation officer. The terms of your probation may include:

 

  • Not being able to travel out of state without permission from your probation officer
  • Being subject to random drug and alcohol tests
  • Not being able to use illegal drugs or drink excessively
  • Going to regular court appearances
  • Obeying all laws, even seemingly minor ones like jaywalking

 

Additionally, felonies will stay on your record permanently if you don’t get them expunged.

 

Felons may have trouble finding work, since employers will see the third degree felony charges on their record. While it’s illegal for employers to discriminate against anyone, they would probably be hesitant to hire a felon. This is why many felons may resort to illegal means of making money after they’ve gotten out of prison.

 

If felons want to go to college, they may not be able to access Pell grants and could be ineligible for financial aid if they have drug convictions on their record. This makes it harder for them to stay competitive in the job market, especially if they don’t have a high school diploma, either.

 

Since landlords do background checks when renting to new tenants, felons could have trouble finding housing. They may have to live with family members or friends, but they could also unfortunately end up in a homeless shelter or on the street.

 

In Florida, felons who were convicted key bank ypsilanti hours third degree charges cannot vote until they complete their prison time, parole, probation, or other terms of supervision, and they have paid all the required fines, fees, restitution, and costs they were ordered to pay.

 

If someone committed a third degree felony and they were convicted, the bottom line is that they could have trouble moving forward in life after they’ve completed their sentence. That’s why it’s a good idea to hire a criminal defense lawyer in West Palm Beach to fight the charges.

 

How Do You Fight Your Third Degree Felony Charge?

A criminal defense lawyer will gather all the details about your case and see if there are any holes in the prosecutor’s story. There are so many possibilities that need to be explored. What if the cop who thought they caught you doing something did not properly conduct the arrest? What if the evidence was fumbled? What if a witness was lying? What if you were acting out of self-defense?

 

You never know what your criminal defense lawyer will find or figure out for you, which is why you need to contact one to determine your defense. While you may be worried about the financial implications of hiring a lawyer, you could have trouble s&t bank online banking money, securing housing, and accessing higher education for the rest of your life. Paying to fight your charges now makes much more sense than suffering through a lifetime of financial issues.

 

Can You Get a Third Degree Felony Charged Expunged From Your Record?

A criminal defense lawyer in West Palm Beach can also help you get your third degree felony charge expunged from your record.

 

In Florida, you can expunge your record if the charges did not lead to a conviction or if your record has been sealed for 10 years or more. You could waffle house outer banks nc your record if you received withheld adjudication and completed your sentence.

 

Withheld adjudication is a sentence in which a judge will give the defendant probation but does not convict them of a criminal offense. To be eligible for expungement or the sealing of your record, you could not have had a previous arrest record expunged or sealed. In other words, this must be the first time you go through this process.

 

If your criminal record is expunged, then it’s taken down off of official government websites, it’s no longer public, and you can legally deny that you were ever arrested. This cn ould be extremely beneficial when you’re searching for a job or housing and trying to move citizens bank home equity login with your life after your court case.

 

Working With Criminal Defense Lawyers

In your time of need, Meltzer & Bell, criminal defense lawyers in West Palm Beach, are here for you. They will stand by your side every step of the process of your case involving a third degree felony. Our partners are on call 24/7, first degree misdemeanor florida means that you can reach out if you’re having an emergency at any time of the day.

 

We offer free consultations, which means that you don’t have to put any money down to access our help. In our initial meeting with you, we will let you know about our extensive experience and exactly angel caller chime necklace we can assist you.

 

If you’re ready to reach out, then call (561) 557-8686 or fill out our form on our contact page. We are standing by and ready to help.

Источник: https://www.meltzerandbell.com/news/what-is-a-minimum-sentence-for-a-3rd-degree-felony-in-florida/

Accessory After the Fact

Florida Statute 777.03 defines what it means to be an first degree misdemeanor florida after the fact in Florida. When you violate this law, you assist someone after he or she has committed a felony by helping in his or her evade arrest, trial, conviction or punishment. In so doing, you yourself commit a felony offense.

However, there is an important exception written into the law, known as the credit union one contact number person exemption.” This provision holds that an individual can’t be charged with accessory after the fact if they are the suspect’s:

  • Wife
  • Husband
  • Parent
  • Grandparent
  • Child
  • Grandchild
  • Brother (by blood or marriage)
  • Sister (by blood or marriage)

Those who are NOT protected under the related person exemption include:

  • Uncle
  • Aunt
  • Cousin
  • Mother/ Father of Shared Child (unless married)
  • Girlfriend/ Boyfriend

Even though in some cases these individuals are technically related to the suspect, they aren’t protected under the related person exemption.

At The Ansara Law Firm, we know the only time this related person exemption is NOT applicable is in cases of child abuse. The child abuse exemption indicates that when the underlying felony involves child abuse, child neglect or the death of a child, any person – related or otherwise – can be charged with accessory after the fact. This scenario is where most accessory after the fact cases arise because the people more likely to protect a suspect are those who are closest – and it’s only under this exception they can be prosecuted.

Those not protected under this related person exemption should understand how the crime is defined and what penalties they may face. They should also consult with an experienced Fort Lauderdale criminal defense attorney as soon as possible because this is a serious offense for which they are facing the possibility of years behind bars.

Examples of Accessory After the Fact

You can be charged with accessory after the fact in Florida if you aid someone who committed a felony in hiding or fleeing from the criminal justice or correctional system.

Parties to the crimes are classified as either “principles” or “accessories.” The key distinction is that a principle is the person who committed the underlying felony, while the accessory is someone who helps the felon after the completion of the felony.

For prosecutors to obtain a conviction on a charge of accessory after the fact, they must show:

  • A felony was committed by the person being assisted;
  • The defendant knew the person they were aiding had either committed a felony, was charged with a felony or was convicted of a felony;
  • After the felony was committed, defendant maintained or assisted the principal offender OR someone who was an accessory before the fact or gave the offender any other kind of aid;
  • The intention of providing this aid was to help the offender avoid or escape detection, arrest, trial or punishment.

Some examples of accessory after the fact would be:

  • Janet sheltered James in her garage for a night to help him avoid being caught by the cops after he had robbed a local convenience store.

  • Patrick hid Penny’s car in his garage and gave her his own car to help her leave town after she helped burglarize several homes in the neighborhood.

  • Amy lied to police about having seen Mark to help him leave town after he battered and severely injured his girlfriend.

  • Mel lent Sam her car to help him leave town so the cops wouldn’t find him after he committed a drive-by shooting.

  • Nora gave her son a plane ticket to another country after he was released on bond while awaiting trial on a charge of child abuse.

In each of these examples, the help was rendered after the completion of the crime with the knowing intention to help the felon escape arrest.

Penalties for Accessory After the Fact

This is a type of derivative crime, which means the applicable penalties are going to depend on the severity of the underlying felony that was committed.

So for example:

  • If the underlying crime was a third-degree felony, accessory after commonwealth bank and trust mobile app fact may be charged as either a first-degree misdemeanor (maximum 1 year in jail) or a third-degree felony (maximum 5 years in prison).

  • If the underlying crime was a second-degree felony, accessory after the fact will be charged as a third-degree felony (maximum 5 years in prison).

  • If the underlying crime was a first-degree felony, accessory after the fact will be charged as a second-degree felony (maximum 15 years in prison).

  • If the underlying crime was a life chase business banking offer, accessory after the fact will be charged as a second-degree felony (maximum 15 years in prison).

  • If the underlying crime was a capital felony, accessory after the fact will be charged as a first-degree felony (maximum 30 years in prison).

Additionally, individuals may face lengthy probation terms and hefty fines.

Defenses to Accessory After the Fact

There are several first degree misdemeanor florida and trial defenses that may be used in these cases (including motions to suppress key evidence).

In addition to those, we may also explore these defenses:

  • Victim of Domestic Violence. Victims of domestic tioga state bank newfield have a legitimate defense if they are charged with accessory after the fact – even if the underlying crime was one of neglect or violence against a child.

  • No Duty to Report. A person doesn’t have a duty to report another individual to police just because they suspect or know the other person best buy student account a felony. It’s aiding them that is a crime. So simply living with someone known to have committed a felony does not make you an accessory.

  • Refusal to Cooperate. It is not a crime to simply disavow knowledge or refuse to cooperate with an investigation.

If you have been arrested for accessory after the fact in South Florida, we can help.

Contact Fort Lauderale criminal defense lawyers at The Ansara Law Firm by calling (877) 277-3780 or send us an email. We serve clients in Broward, Palm Beach and Miami-Dade Counties.

Источник: https://www.ansaralaw.com/accessory-after-the-fact.html

Misdemeanor Charges in St. Petersburg

Florida misdemeanors are not normally viewed as serious crimes, though more serious versions of many misdemeanors can first degree misdemeanor florida charged as felonies. They are punishable by up to a year in county jail and fines that generally do not exceed $1,000.  Misdemeanors are charged in either the first or second degree. Most misdemeanor charges in St. Petersburg can result in probation, especially if the suspect is represented by a capable defense attorney and has a clean criminal record.

The following is a list of misdemeanor offenses with which the attorneys at Goldman Wetzel have experience defending suspects charged with a crime.

First-Degree Misdemeanors

First-degree misdemeanors are the most serious in Florida, punishable by jail terms of up to one year and fines of up to $1,000 [Fla. Stat. Ann. §§ 775.082, 775.083]. A first offense of theft of property (petit theft) valued between $100 and $300 is charged as a first-degree misdemeanor. But if the amount is more than $300, it’s a second-degree felony. Other first-degree misdemeanors include:

  • Simple assault
  • Simple trespass
  • Marijuana possession (less than 20 grams)
  • Possession of drug paraphernalia
  • Prostitution (pimping and pandering)
  • Reckless driving and DUI/DWI
  • Driving on a suspended license (second first degree misdemeanor florida without a valid driver’s license
  • Indecent exposure
  • Domestic violence (of a spouse, first offense)

Second-Degree Misdemeanors

These charges are less threatening than first-degree misdemeanors. Convictions usually involve a jail term of no more than 60 days and up to a $500 fine [Fla. Stat. Ann. §§ 775.081, 775.082, 775.083]. More common second-degree misdemeanors include criminal mischief (damage of less than $200), disorderly conduct, disorderly intoxication and loitering.

Statute of Limitations, Probation and Misdemeanor Criminal Records

For all misdemeanors in Florida, the statute of limitations is one or two years from the date the crime was committed.

The judge can suspend a guilty defendant’s misdemeanor jail sentence instead of probation. The discretionary conditions the judge sets forth can include community service, curfews, restitution, no contact with the victim, or appropriate counseling for substance abuse or anger issues — or all of these options, depending on the facts of the case and the charges. Those placed on probation typically still have to pay fines in full before being released from the program. They also must pay any fees associated with their probation and attend any programs in which they are ordered to participate.

Many who face misdemeanor charges in St. Petersburg don’t normally get into trouble, and the thought of having a criminal record is both embarrassing and disturbing. But criminal records follow them around for years to come and turn personal and professional lives inside out.

Luckily, it is possible to have your arrest record cleared at a later date by either sealing or expunging the misdemeanor conviction. However, the way your case is handled during your trial often affects your ability to remove the offense from your criminal record once you become eligible. So having an experienced attorney to defend you, particularly when it’s time to seal/expunge, makes both processes go much more smoothly.

Most often, even if a person is eligible for withholding of adjudication (conviction) for first-offense misdemeanors, some judges will convict them anyway, just because they have no understanding of the procedural “buttons” to push that an experienced defense attorney would, which is another reason to hire an experienced criminal attorney for any criminal charge.

The attorneys at Goldman Wetzel will be happy to give you a free evaluation of your case if you face misdemeanor charges in St. Petersburg. Call us at 727-828-3900 or contact us online. Consider an effective defense an investment in saved money, time and headaches down the road.

Источник: https://www.goldmanwetzel.com/misdemeanor-charges-in-st-petersburg/

Orlando Misdemeanor Attorney

MisdemeanorThe term “felony” and “misdemeanor” refer to categories of a criminal offense.  The primary significance of a crime being categorized as felony or misdemeanor is the extent to which the crime may be punished.

What is a Misdemeanor?

In most states, including Florida, the term “misdemeanor” refers to minor crimes punishable by a jail term of 12 months or less.  The term “felony” is generally understood to be a crime that is punishable by over a year in prison.

Common Misdemeanor Offenses

Common examples of misdemeanors include property crimes such as first degree misdemeanor florida (petit) theft, criminal mischief, and trespass; violent crimes such as simple assault and simple battery; drug crimes such as possession of paraphernalia and possession of cannabis less than 20 grams; domestic crimes such as domestic violence, assault, battery, stalking, and violation of domestic injunctions; traffic crimes such as driving under the influence, driving while license suspended, no valid driver’s license, and reckless driving, and moral crimes such as prostitution, public intoxication, and disorderly conduct.

Florida Criminal Law

The Florida legislature has enacted statutes that supersede court-made common law as to whether a particular offense is deemed a felony or misdemeanor.  Florida law establishes the following guidelines for punishment of a misdemeanor:

  1. A second degree misdemeanor is punishable by up to 60 days in jail, 6 months of probation, and a $500 fine.
  2. A first degree misdemeanor is punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.

Classification

The Florida legislature’s classification of a crime as a felony or misdemeanor is not without logic but can be subjective.  For example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of smaller amounts may be only a misdemeanor.  Possession first degree misdemeanor florida a deadly weapon may be generally legal, but carrying the same weapon into a restricted area such as a school may be deemed to be a misdemeanor or even a felony.  Driving under the influence, driving while license suspended, battery, and prostitution may be misdemeanors if a first offense, but subsequent convictions may constitute felonies.

Aggravating Factors Relating to the Crime

Aggravating circumstances involved in the crime itself can result in re-classification of an offense from a misdemeanor to a felony.  For example, battery is normally a misdemeanor of the first degree, however, a battery on a law enforcement officer is a felony of the third degree.  Other aggravating circumstances that can raise a misdemeanor offense to a felony offense, or increase the severity of a felony, include factors like the use of a mask, gun, or another weapon in the commission of a crime, or if the assault or battery involves a school employee or elderly person.

Collateral Consequences

You should be aware of collateral consequences that could result from a criminal conviction, other than what are included in the sentence imposed by the court.  Depending on the crime, collateral consequences of a criminal conviction may include:

  • Suspension of driver’s license
  • Exclusion from purchase and possession of firearms, ammunition, and body armor
  • Exclusion from obtaining professional or occupational business licenses
  • Ineligibility for government assistance and federally funded housing
  • Ineligibility for serving on a jury
  • Ineligibility to vote
  • Ineligibility for public office
  • Deportation (if the person is not a citizen)
  • Civil commitment under the Jimmy Ryce Act

Job applications and rental applications frequently ask about criminal history.  Answering dishonestly can be grounds for rejecting the application, or termination if the lie is discovered after hire.   Landlords will often not rent to persons convicted of a crime due to the risk of legal liability if the renter commits another crime.  Many banks will refuse service to convicted felons.  In many states, it is perfectly legal to discriminate against persons convicted of a crime in hiring, rental, and credit decisions.  As a result, a criminal conviction can present a significant barrier to getting a job, housing, and credit.

Call DeVoe Law Firm

Get an experienced attorney to help you with your misdemeanor charge.  Call DeVoe Law Firm to ask about representation in your misdemeanor case.

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Источник: https://www.devoelaw.com/criminal/misdemeanor/

Jacksonville Misdemeanor Lawyers

There are so many misdemeanor offenses in the State of Florida that countless citizens violate these criminal statutes without even knowing.  Almost every bank of america atm near me albuquerque of our lives are regulated by criminal statutes.  Whether you are a person with no prior record who is charged with a misdemeanor and concerned about your record, and your job or you have been wrongfully charged, or you are afraid you may be sentenced to jail, we can help.  Call the experienced criminal first degree misdemeanor florida attorneys of SLG Law to discuss your misdemeanor case. 

What is a Misdemeanor?


A "misdemeanor," defined in Florida Statute Section 775.08(2), means:
any criminal offense that is punishable under the laws of this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year.  The term "misdemeanor" shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or best high yield savings rates municipal or county ordinance.
So, a misdemeanor is a crime that is punishable by up to 1 year in a county jail.

What kinds of misdemeanors are there?


Under Florida Statute Section 775.081(2), there are 2 different classifications of misdemeanors:

First Degree Misdemeanor

Punishable by up to 1 year in jail


Second Degree Misdemeanor

Punishable by up to 60 days in jail

What are the possible fines for a misdemeanor conviction?

Florida Statute Section 775.083(1)provides for the maximum possible fines that a judge can assess against you for a misdemeanor offense, unless otherwise provided in a specific misdemeanor offense statute:

First Degree Misdemeanor

Up to $1000

Second Degree Misdemeanor

Up to $500

*   The judge can exceed these fines up to double the pecuniary gain derived from the offense or double the loss to the victim.  So, if the victim's loss was $1500, the judge could assess a $3000 fine.


What are some common misdemeanors in Florida?


  DUI
Domestic Battery
Simple Battery
Petit Theft
Shoplifting
Resisting an Officer Without Violence
False Report of a Crime
Disorderly Intoxication
Prostitution
Worthless Check
Trespass
and more!

*   Click on one of the misdemeanor offenses above to learn more about them or click here to learn about other misdemeanor or felony offenses.


What is an "Habitual Misdemeanor Offender?"

Florida Statute Section 775.0837provides for habitual misdemeanor offender status.

An "Habitual Misdemeanor Offender" means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of 4 or more specified misdemeanor offenses which meet the following criteria:
  • The offenses, in relation to each other and the misdemeanor court before the court for sentencing are separate offenses that are not part of the same criminal transaction or episode, and
  • The offenses were committed within 1 year of the date that the misdemeanor before the court for sentencing was committed.

"Specified misdemeanor offense" means those misdemeanor offenses described in:
  • Chapter 741 - Domestic Violence
  • Chapter 784 - Assault; Battery; Culpable Negligence
  • Chapter 790 - Weapons and Firearms
  • Chapter 796 - Prostitution
  • Chapter 800 - Lewdness; Indecent Exposure
  • Chapter 806 - Arson and Criminal Mischief
  • Chapter 810 - Burglary and Trespass
  • Chapter 812 - Theft, Robbery and Related Crimes
  • Chapter 817 - Fraudulent Practices
  • Chapter 831 - Forgery and Counterfeiting
  • Chapter 832 - Violations Involving Checks and Drafts
  • Chapter 843 - Obstructing Justice
  • Chapter 856 - Drunkenness; Open House Parties; Loitering: Prowling: Desertion

"Convicted" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. 

What happens if I'm found to be a Habitual Misdemeanor Offender?

If you are found to be an habitual misdemeanor offender, the court shallimpose one of the following sentences:
  • a minimum 6 months in jail up to 1 year, or
  • a minimum 6 months in a residential treatment program, up to 1 year, or
  • a minimum 6 months home detention, up to a year.

* If the judge classifies you as an habitual misdemeanor offender, but finds that an alternative disposition is in the best interest of the community, the judge has the authority to deviate from the three sentencing options above.



If you or a loved one has been arrested for or accused of

Misdemeanor,

Call Shorstein, Lasnetski & Gihon Now!

Jacksonville Criminal Defense Attorneys

904-642-3332 (Jacksonville)


Источник: https://www.slgattorneysflorida.com/misdemeanors.html
first degree misdemeanor florida

First degree misdemeanor florida -

Jacksonville Misdemeanor Lawyers

There are so many misdemeanor offenses in the State of Florida that countless citizens violate these criminal statutes without even knowing.  Almost every aspect of our lives are regulated by criminal statutes.  Whether you are a person with no prior record who is charged with a misdemeanor and concerned about your record, and your job or you have been wrongfully charged, or you are afraid you may be sentenced to jail, we can help.  Call the experienced criminal defense attorneys of SLG Law to discuss your misdemeanor case. 

What is a Misdemeanor?


A "misdemeanor," defined in Florida Statute Section 775.08(2), means:
any criminal offense that is punishable under the laws of this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year.  The term "misdemeanor" shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.
So, a misdemeanor is a crime that is punishable by up to 1 year in a county jail.

What kinds of misdemeanors are there?


Under Florida Statute Section 775.081(2), there are 2 different classifications of misdemeanors:

First Degree Misdemeanor

Punishable by up to 1 year in jail


Second Degree Misdemeanor

Punishable by up to 60 days in jail

What are the possible fines for a misdemeanor conviction?

Florida Statute Section 775.083(1)provides for the maximum possible fines that a judge can assess against you for a misdemeanor offense, unless otherwise provided in a specific misdemeanor offense statute:

First Degree Misdemeanor

Up to $1000

Second Degree Misdemeanor

Up to $500

*   The judge can exceed these fines up to double the pecuniary gain derived from the offense or double the loss to the victim.  So, if the victim's loss was $1500, the judge could assess a $3000 fine.


What are some common misdemeanors in Florida?


  DUI
Domestic Battery
Simple Battery
Petit Theft
Shoplifting
Resisting an Officer Without Violence
False Report of a Crime
Disorderly Intoxication
Prostitution
Worthless Check
Trespass
and more!

*   Click on one of the misdemeanor offenses above to learn more about them or click here to learn about other misdemeanor or felony offenses.


What is an "Habitual Misdemeanor Offender?"

Florida Statute Section 775.0837provides for habitual misdemeanor offender status.

An "Habitual Misdemeanor Offender" means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of 4 or more specified misdemeanor offenses which meet the following criteria:
  • The offenses, in relation to each other and the misdemeanor court before the court for sentencing are separate offenses that are not part of the same criminal transaction or episode, and
  • The offenses were committed within 1 year of the date that the misdemeanor before the court for sentencing was committed.

"Specified misdemeanor offense" means those misdemeanor offenses described in:
  • Chapter 741 - Domestic Violence
  • Chapter 784 - Assault; Battery; Culpable Negligence
  • Chapter 790 - Weapons and Firearms
  • Chapter 796 - Prostitution
  • Chapter 800 - Lewdness; Indecent Exposure
  • Chapter 806 - Arson and Criminal Mischief
  • Chapter 810 - Burglary and Trespass
  • Chapter 812 - Theft, Robbery and Related Crimes
  • Chapter 817 - Fraudulent Practices
  • Chapter 831 - Forgery and Counterfeiting
  • Chapter 832 - Violations Involving Checks and Drafts
  • Chapter 843 - Obstructing Justice
  • Chapter 856 - Drunkenness; Open House Parties; Loitering: Prowling: Desertion

"Convicted" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. 

What happens if I'm found to be a Habitual Misdemeanor Offender?

If you are found to be an habitual misdemeanor offender, the court shallimpose one of the following sentences:
  • a minimum 6 months in jail up to 1 year, or
  • a minimum 6 months in a residential treatment program, up to 1 year, or
  • a minimum 6 months home detention, up to a year.

* If the judge classifies you as an habitual misdemeanor offender, but finds that an alternative disposition is in the best interest of the community, the judge has the authority to deviate from the three sentencing options above.



If you or a loved one has been arrested for or accused of

Misdemeanor,

Call Shorstein, Lasnetski & Gihon Now!

Jacksonville Criminal Defense Attorneys

904-642-3332 (Jacksonville)


Источник: https://www.slgattorneysflorida.com/misdemeanors.html

Accessory After the Fact

Florida Statute 777.03 defines what it means to be an accessory after the fact in Florida. When you violate this law, you assist someone after he or she has committed a felony by helping in his or her evade arrest, trial, conviction or punishment. In so doing, you yourself commit a felony offense.

However, there is an important exception written into the law, known as the “related person exemption.” This provision holds that an individual can’t be charged with accessory after the fact if they are the suspect’s:

  • Wife
  • Husband
  • Parent
  • Grandparent
  • Child
  • Grandchild
  • Brother (by blood or marriage)
  • Sister (by blood or marriage)

Those who are NOT protected under the related person exemption include:

  • Uncle
  • Aunt
  • Cousin
  • Mother/ Father of Shared Child (unless married)
  • Girlfriend/ Boyfriend

Even though in some cases these individuals are technically related to the suspect, they aren’t protected under the related person exemption.

At The Ansara Law Firm, we know the only time this related person exemption is NOT applicable is in cases of child abuse. The child abuse exemption indicates that when the underlying felony involves child abuse, child neglect or the death of a child, any person – related or otherwise – can be charged with accessory after the fact. This scenario is where most accessory after the fact cases arise because the people more likely to protect a suspect are those who are closest – and it’s only under this exception they can be prosecuted.

Those not protected under this related person exemption should understand how the crime is defined and what penalties they may face. They should also consult with an experienced Fort Lauderdale criminal defense attorney as soon as possible because this is a serious offense for which they are facing the possibility of years behind bars.

Examples of Accessory After the Fact

You can be charged with accessory after the fact in Florida if you aid someone who committed a felony in hiding or fleeing from the criminal justice or correctional system.

Parties to the crimes are classified as either “principles” or “accessories.” The key distinction is that a principle is the person who committed the underlying felony, while the accessory is someone who helps the felon after the completion of the felony.

For prosecutors to obtain a conviction on a charge of accessory after the fact, they must show:

  • A felony was committed by the person being assisted;
  • The defendant knew the person they were aiding had either committed a felony, was charged with a felony or was convicted of a felony;
  • After the felony was committed, defendant maintained or assisted the principal offender OR someone who was an accessory before the fact or gave the offender any other kind of aid;
  • The intention of providing this aid was to help the offender avoid or escape detection, arrest, trial or punishment.

Some examples of accessory after the fact would be:

  • Janet sheltered James in her garage for a night to help him avoid being caught by the cops after he had robbed a local convenience store.

  • Patrick hid Penny’s car in his garage and gave her his own car to help her leave town after she helped burglarize several homes in the neighborhood.

  • Amy lied to police about having seen Mark to help him leave town after he battered and severely injured his girlfriend.

  • Mel lent Sam her car to help him leave town so the cops wouldn’t find him after he committed a drive-by shooting.

  • Nora gave her son a plane ticket to another country after he was released on bond while awaiting trial on a charge of child abuse.

In each of these examples, the help was rendered after the completion of the crime with the knowing intention to help the felon escape arrest.

Penalties for Accessory After the Fact

This is a type of derivative crime, which means the applicable penalties are going to depend on the severity of the underlying felony that was committed.

So for example:

  • If the underlying crime was a third-degree felony, accessory after the fact may be charged as either a first-degree misdemeanor (maximum 1 year in jail) or a third-degree felony (maximum 5 years in prison).

  • If the underlying crime was a second-degree felony, accessory after the fact will be charged as a third-degree felony (maximum 5 years in prison).

  • If the underlying crime was a first-degree felony, accessory after the fact will be charged as a second-degree felony (maximum 15 years in prison).

  • If the underlying crime was a life felony, accessory after the fact will be charged as a second-degree felony (maximum 15 years in prison).

  • If the underlying crime was a capital felony, accessory after the fact will be charged as a first-degree felony (maximum 30 years in prison).

Additionally, individuals may face lengthy probation terms and hefty fines.

Defenses to Accessory After the Fact

There are several pretrial and trial defenses that may be used in these cases (including motions to suppress key evidence).

In addition to those, we may also explore these defenses:

  • Victim of Domestic Violence. Victims of domestic violence have a legitimate defense if they are charged with accessory after the fact – even if the underlying crime was one of neglect or violence against a child.

  • No Duty to Report. A person doesn’t have a duty to report another individual to police just because they suspect or know the other person committed a felony. It’s aiding them that is a crime. So simply living with someone known to have committed a felony does not make you an accessory.

  • Refusal to Cooperate. It is not a crime to simply disavow knowledge or refuse to cooperate with an investigation.

If you have been arrested for accessory after the fact in South Florida, we can help.

Contact Fort Lauderale criminal defense lawyers at The Ansara Law Firm by calling (877) 277-3780 or send us an email. We serve clients in Broward, Palm Beach and Miami-Dade Counties.

Источник: https://www.ansaralaw.com/accessory-after-the-fact.html

WHAT ARE MISDEMEANOR CHARGES?

All criminal charges in Florida are defined as either misdemeanor or felony crimes.  The major distinction between the two is the potential length of sentence.  Under Florida law a misdemeanor is defined as a criminal charge which is punishable by a maximum penalty of no more than one year in the county jail.  In other words, you can not be sentenced to a prison sentence in the Department of Corrections if you are convicted of the charge.

MisdemeanorEach misdemeanor crime in Florida is defined as either a first or second degree misdemeanor.  A second degree charge is punishable by up to 60 days in the county jail, and/or a $500 fine.  Common examples of second degree charges are driving without a license, simple assault, disorderly intoxication, disorderly conduct, and first offense retail theft.

A first degree misdemeanor is punishable by a maximum jail sentence of one year in the county jail, and/or a $1000 fine.  Common examples of first degree charges include battery, marijuana possession, possession of drug paraphernalia, and violation of a domestic violence injunction.

An important distinction between first and second degree misdemeanors is the right to a jury trial.  Under Florida law if you are charged with a first degree charge, you have an absolute right to a jury trial, which is comprised of six jurors.  To be found guilty of the crime, all six jurors must be unanimous.

You do not have the right to a jury trial for a second degree misdemeanor charge, which means that a judge may decide your guilt or innocence if you wish to contest the charge.  You can still seek a jury trial, however, and the prosecution will often times agree to have a jury trial for whatever reason.  One notably exception to this rule is in theft cases, where Florida law allows an absolute right to a jury trial.  You also have an absolute right to a jury trial if charged with driving under the influence, commonly referred to as DUI.

Источник: https://sarasotalegaldefense.com/misdemeanor-cases/

Orlando Misdemeanor Attorney

MisdemeanorThe term “felony” and “misdemeanor” refer to categories of a criminal offense.  The primary significance of a crime being categorized as felony or misdemeanor is the extent to which the crime may be punished.

What is a Misdemeanor?

In most states, including Florida, the term “misdemeanor” refers to minor crimes punishable by a jail term of 12 months or less.  The term “felony” is generally understood to be a crime that is punishable by over a year in prison.

Common Misdemeanor Offenses

Common examples of misdemeanors include property crimes such as petty (petit) theft, criminal mischief, and trespass; violent crimes such as simple assault and simple battery; drug crimes such as possession of paraphernalia and possession of cannabis less than 20 grams; domestic crimes such as domestic violence, assault, battery, stalking, and violation of domestic injunctions; traffic crimes such as driving under the influence, driving while license suspended, no valid driver’s license, and reckless driving, and moral crimes such as prostitution, public intoxication, and disorderly conduct.

Florida Criminal Law

The Florida legislature has enacted statutes that supersede court-made common law as to whether a particular offense is deemed a felony or misdemeanor.  Florida law establishes the following guidelines for punishment of a misdemeanor:

  1. A second degree misdemeanor is punishable by up to 60 days in jail, 6 months of probation, and a $500 fine.
  2. A first degree misdemeanor is punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.

Classification

The Florida legislature’s classification of a crime as a felony or misdemeanor is not without logic but can be subjective.  For example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of smaller amounts may be only a misdemeanor.  Possession of a deadly weapon may be generally legal, but carrying the same weapon into a restricted area such as a school may be deemed to be a misdemeanor or even a felony.  Driving under the influence, driving while license suspended, battery, and prostitution may be misdemeanors if a first offense, but subsequent convictions may constitute felonies.

Aggravating Factors Relating to the Crime

Aggravating circumstances involved in the crime itself can result in re-classification of an offense from a misdemeanor to a felony.  For example, battery is normally a misdemeanor of the first degree, however, a battery on a law enforcement officer is a felony of the third degree.  Other aggravating circumstances that can raise a misdemeanor offense to a felony offense, or increase the severity of a felony, include factors like the use of a mask, gun, or another weapon in the commission of a crime, or if the assault or battery involves a school employee or elderly person.

Collateral Consequences

You should be aware of collateral consequences that could result from a criminal conviction, other than what are included in the sentence imposed by the court.  Depending on the crime, collateral consequences of a criminal conviction may include:

  • Suspension of driver’s license
  • Exclusion from purchase and possession of firearms, ammunition, and body armor
  • Exclusion from obtaining professional or occupational business licenses
  • Ineligibility for government assistance and federally funded housing
  • Ineligibility for serving on a jury
  • Ineligibility to vote
  • Ineligibility for public office
  • Deportation (if the person is not a citizen)
  • Civil commitment under the Jimmy Ryce Act

Job applications and rental applications frequently ask about criminal history.  Answering dishonestly can be grounds for rejecting the application, or termination if the lie is discovered after hire.   Landlords will often not rent to persons convicted of a crime due to the risk of legal liability if the renter commits another crime.  Many banks will refuse service to convicted felons.  In many states, it is perfectly legal to discriminate against persons convicted of a crime in hiring, rental, and credit decisions.  As a result, a criminal conviction can present a significant barrier to getting a job, housing, and credit.

Call DeVoe Law Firm

Get an experienced attorney to help you with your misdemeanor charge.  Call DeVoe Law Firm to ask about representation in your misdemeanor case.

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Источник: https://www.devoelaw.com/criminal/misdemeanor/

What Is a Minimum Sentence for a 3rd Degree Felony in Florida?

Being charged with a crime is incredibly stressful. You’re worried about the third degree felony charges you’re facing and don’t know what to do or who to turn to at this point.

 

So many questions are racing through your head. What happens when you’re charged with a third degree felony in Florida? Are you going to go to prison? If so, how long will your sentence be? Will you have to pay fines, too? Could you lose your job? Will this be on your record forever?

 

Even though you’re going through a difficult situation, the worst thing you could do at this point is hide under your covers and wait until your court date to see what happens. Instead, it’s time to take control and educate yourself about your charges and the possible outcomes. Then, you can find a criminal defense lawyer in West Palm Beach to help you fight your charges.

What Is a Felony?

First, you should learn what a felony is exactly. A felony is a criminal offense that could lead to a prison term. There are third degree, second degree, first degree, and capital or life felonies, with third being the least serious and capital or life being the most serious.

 

For example, in Florida, capital or life felonies include murder, robbery with a firearm, and sexual battery. Each state classifies felonies, as well as misdemeanors, in its own way. Some states use Class A, Class B, etc. to classify felonies and misdemeanors, but Florida uses the degree system.

 

There are violent and nonviolent felonies. Violent felonies usually involve threatening violence or actually committing violence against another person. For example, if someone has a gun and they threaten to kill someone with it, they could face a felony charge… even if they never pulled the trigger.

 

A nonviolent felony would be something that is harmful to the public but not violent. For example, tax evasion and fraud are classified as felonies. If a person pretends to be a hedge fund manager and convinces people to give them money to invest into this phony hedge fund, then that person could be charged with a felony.

What Is the Minimum Sentence for a 3rd Degree Felony in Florida?

There is no minimum sentence for a third degree felony in Florida, but there is a maximum sentence of up to five years in prison. There is also a maximum fine of up to $5,000. Depending on the crime, the court may order the defendant to pay restitution to the victim.

 

Instead of giving the defendant a prison sentence, the court could also sentence them to probation for up to five years. The Florida Department of Corrections would supervise the probation.

What Crime Results in a Third Degree Felony Charge?

There are a number of crimes someone could commit to land a third degree felony charge in Florida. Some of them include:

 

  • Possession of a controlled substance, such as illegal drugs like cocaine, heroin, and cannabis
  • A felony DUI with serious bodily injury
  • Aggravated assault
  • Battery on a law enforcement officer
  • Carrying a concealed firearm
  • Possession of marijuana with intent to sell
  • Aggravated stalking
  • Cultivation of cannabis
  • Bribery
  • Child abuse
  • Grand theft
  • Unemployment compensation fraud
  • Felony battery
  • Driving with a suspended license
  • Burglary of a structure
  • Exploitation of an elderly person or disabled person
  • Child neglect

 

Explanation of Some Third Degree Felony Charges

 

You may not be familiar with some of these charges. Learning what the terms mean could help you understand the criminal charges you’re facing.

 

For example, aggravated assault is when a person attempts to cause bodily harm to their victim with complete disregard for their life. It can also include a threat to harm someone in this manner. While punching someone once in the face may not be classified as aggravated assault, punching someone repeatedly and possibly causing a head injury may very well likely be classified as an aggravated assault.

 

Grand theft involves intentionally and unlawfully taking property that is worth $300 to $20,000. Some types of theft that would be classified as grand theft in Florida include stealing a firearm, a motor vehicle, a stop sign, a commercially farmed animal, or a will.

 

Felony battery occurs when a person intentionally strikes or touches another person, which results in great bodily harm. A person could be charged with felony battery if they are charged with a prior conviction for battery. An example of felony battery would be if a person kicked a victim so hard that the victim broke a bone.

 

Bribery involves offering a person who has power or influence money or something else of value in order to sway them. For example, if a person gives money to a cop to try to get them out of prison, this would be illegal and could result in a third degree felony charge.

 

There is a difference between child abuse and child neglect in Florida. According to Florida law, an individual “who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree.”

 

Child neglect occurs when a caregiver fails to take the steps to protect a child. For instance, abuse classified as a third degree felony may include lightly shoving a child but not causing injury, while neglect could include intentionally not feeding a child for an extended period of time.

 

Exploitation of an elderly person means that a person exploits a victim who is 60 years of age or older and suffering from the infirmities of aging. A person may be found guilty of taking money out of an elderly person’s bank account without their knowledge, for instance, and be charged with a third degree felony. The same would be true if they exploited a disabled person.

 

In Florida, the recreational use of cannabis is illegal. If a person possesses more than 20 grams (25 pounds) of it, they could face a third degree felony charge. They could also face these charges if they possess less than 25 cannabis plants.

 

The law in Florida is intricate and can be confusing to someone who is unfamiliar with legal terms. If you’re charged with a third degree felony, you could try to research it online, but it’s always best to call a criminal defense lawyer in Florida as well. It’s like trying to diagnosis yourself by looking at WebMD; the information you find on your illness may be correct, but you could also scare yourself and believe you’re worse off than you truly are. Instead, it’s always a good move to turn to a professional for assistance.

 

What Can Happen As a Result of a Third Degree Felony Charge?

You know that if convicted of a third degree felony in Florida, you could possibly serve up to five years in prison and pay up to $5,000 in fines and restitution.

 

Or, you may have to go on probation for up to five years. If you get probation, you’ll be assigned a probation officer. The terms of your probation may include:

 

  • Not being able to travel out of state without permission from your probation officer
  • Being subject to random drug and alcohol tests
  • Not being able to use illegal drugs or drink excessively
  • Going to regular court appearances
  • Obeying all laws, even seemingly minor ones like jaywalking

 

Additionally, felonies will stay on your record permanently if you don’t get them expunged.

 

Felons may have trouble finding work, since employers will see the third degree felony charges on their record. While it’s illegal for employers to discriminate against anyone, they would probably be hesitant to hire a felon. This is why many felons may resort to illegal means of making money after they’ve gotten out of prison.

 

If felons want to go to college, they may not be able to access Pell grants and could be ineligible for financial aid if they have drug convictions on their record. This makes it harder for them to stay competitive in the job market, especially if they don’t have a high school diploma, either.

 

Since landlords do background checks when renting to new tenants, felons could have trouble finding housing. They may have to live with family members or friends, but they could also unfortunately end up in a homeless shelter or on the street.

 

In Florida, felons who were convicted of third degree charges cannot vote until they complete their prison time, parole, probation, or other terms of supervision, and they have paid all the required fines, fees, restitution, and costs they were ordered to pay.

 

If someone committed a third degree felony and they were convicted, the bottom line is that they could have trouble moving forward in life after they’ve completed their sentence. That’s why it’s a good idea to hire a criminal defense lawyer in West Palm Beach to fight the charges.

 

How Do You Fight Your Third Degree Felony Charge?

A criminal defense lawyer will gather all the details about your case and see if there are any holes in the prosecutor’s story. There are so many possibilities that need to be explored. What if the cop who thought they caught you doing something did not properly conduct the arrest? What if the evidence was fumbled? What if a witness was lying? What if you were acting out of self-defense?

 

You never know what your criminal defense lawyer will find or figure out for you, which is why you need to contact one to determine your defense. While you may be worried about the financial implications of hiring a lawyer, you could have trouble making money, securing housing, and accessing higher education for the rest of your life. Paying to fight your charges now makes much more sense than suffering through a lifetime of financial issues.

 

Can You Get a Third Degree Felony Charged Expunged From Your Record?

A criminal defense lawyer in West Palm Beach can also help you get your third degree felony charge expunged from your record.

 

In Florida, you can expunge your record if the charges did not lead to a conviction or if your record has been sealed for 10 years or more. You could seal your record if you received withheld adjudication and completed your sentence.

 

Withheld adjudication is a sentence in which a judge will give the defendant probation but does not convict them of a criminal offense. To be eligible for expungement or the sealing of your record, you could not have had a previous arrest record expunged or sealed. In other words, this must be the first time you go through this process.

 

If your criminal record is expunged, then it’s taken down off of official government websites, it’s no longer public, and you can legally deny that you were ever arrested. This cn ould be extremely beneficial when you’re searching for a job or housing and trying to move on with your life after your court case.

 

Working With Criminal Defense Lawyers

In your time of need, Meltzer & Bell, criminal defense lawyers in West Palm Beach, are here for you. They will stand by your side every step of the process of your case involving a third degree felony. Our partners are on call 24/7, which means that you can reach out if you’re having an emergency at any time of the day.

 

We offer free consultations, which means that you don’t have to put any money down to access our help. In our initial meeting with you, we will let you know about our extensive experience and exactly how we can assist you.

 

If you’re ready to reach out, then call (561) 557-8686 or fill out our form on our contact page. We are standing by and ready to help.

Источник: https://www.meltzerandbell.com/news/what-is-a-minimum-sentence-for-a-3rd-degree-felony-in-florida/

Do You Need to Call a Lawyer for a Misdemeanor?

Rohom Khonsari June 18, 2018

Misdemeanors in Florida FAQ

In Florida, a misdemeanor is a criminal charge that’s punishable by less than one year of jail time. These charges are handled at the county court level (unless the charge is coupled with a felony charge). Sentences for misdemeanor convictions are less severe than those for felony convictions, but both are criminal convictions with the potential for negative consequences throughout life, even after the sentence has been served.

Examples of misdemeanor offenses include:

  • DUI
  • Disorderly conduct
  • Petty theft
  • Prostitution
  • Loitering
  • Battery
  • Domestic violence battery
  • Driving with a suspended license
  • Possession of marijuana
  • Resisting an officer

Do I Need to Hire a Lawyer for a Misdemeanor?

Yes! While not as serious as a felony charge, a misdemeanor is nonetheless a criminal offense with potentially life-altering ramifications. You could end up paying hefty fines, spending time in jail, experiencing job-search difficulty, struggling with housing and family rights, or dealing with other long-term negative consequences if you are convicted of a misdemeanor in Florida. Although misdemeanors are considered less serious than felonies, the “collateral consequences” of a misdemeanor conviction are comparable to those of a felony conviction—and misdemeanor offenses are even more difficult to expunge from your record than felony offenses.

In some cases, a lawyer can have your misdemeanor case dismissed entirely. Even if this is not possible, by hiring a lawyer who is well versed inFlorida law, you can significantly increase your chances of a positive outcome for your case. A criminal defense lawyer will work to get your charges reduced before court proceedings begin, and if you are sentenced, a lawyer can negotiate sentence reductions or possibly help you avoid jail time altogether.

First vs. Second Degree Misdemeanor Charges

Florida law distinguishes between first and second-degree misdemeanors. Both are considered criminal charges, but first-degree misdemeanors can carry a sentence of up to one year in jail, while second-degree misdemeanors will carry a maximum sentence of 60 days in jail.

Theft of property valued at more than $100 and less than $300 is an example of a first-degree misdemeanor in Florida, while prostitution (first-time offense) is considered a second-degree misdemeanor in Florida.

Potential Consequences of a Misdemeanor Charge and Conviction

If you are charged with a misdemeanor in Florida, you will be fingerprinted, and your mug shot will be taken. You will have a criminal record, which can affect your ability to secure employment, loans, and housing, and can lead to other financial, emotional and social difficulties down the road.

Contact the Khonsari Law Group Today to Discuss Your Florida Misdemeanor Case

Call the Khonsari Law Group at (727) 269-5300 or contactKLG defense online to speak with an experienced attorney today about your misdemeanor charge. KLG’s lawyers approach each client’s situation on a case-by-case basis and know the ins and outs of Florida law. They have helped many clients deal with their misdemeanor charges—sometimes getting cases dismissed entirely, and minimizing fines and jail time whenever possible. Contact the Khonsari Law Group today to talk to an attorney who can help with your Florida misdemeanor case.

Источник: https://klgflorida.com/do-you-need-to-call-a-lawyer-for-a-misdemeanor/

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