If you’ve been following our blog, you’ve probably seen several posts related to criminal law in Florida. But what happens when someone faces a Florida misdemeanors charges? You may have questions such as what it means, how it might affect you, or when to seek legal advice. This post aims to answer common concerns people have regarding misdemeanors, building on topics we’ve covered in previous articles. Let’s dive deeper into the world of misdemeanors, breaking down essential questions and offering the clarity you need.
What is a misdemeanor in Florida?
In Florida, crimes are classified into two main categories: felonies and misdemeanors. Misdemeanors are considered less severe than felonies but still carry significant legal consequences. Generally, a misdemeanor in Florida involves offenses such as petty theft, disorderly conduct, trespassing, or driving with a suspended license. While these may seem minor compared to felonies, a misdemeanor can still lead to fines, community service, probation, or even jail time. In Florida, the maximum amount of incarceration you can be sentenced to is one year.
Types of Florida misdemeanors
Florida categorizes misdemeanors into degrees:
- First-degree misdemeanor: This is the more serious type, which could lead to a jail sentence of up to one year and fines of up to $1,000. Examples include DUI, battery, and possession of marijuana (less than 20 grams).
- Second-degree misdemeanor: Less severe, these misdemeanors can lead to a jail sentence of up to 60 days and fines of up to $500. Common examples include driving without a valid license and loitering.
How many misdemeanors equal a felony?
A common question is whether accumulating multiple misdemeanors can lead to a felony charge. The short answer? Not directly. In Florida, multiple misdemeanors do not automatically become felonies under the law. However, if a person repeatedly commits the same misdemeanor, like petit theft, additional offenses may be charged as a felony after multiple convictions. For example, a third conviction for petit theft might result in felony-level consequences. There are similar rules for multiple DUI, driving and theft offenses.
How often do misdemeanors go to trial?
Misdemeanors may seem minor, but they can still lead to trial if the defendant decides to contest the charges. Nevertheless, most misdemeanor cases in Florida do not go to trial. The majority are resolved through plea bargains, where the defendant pleads guilty or no contes in exchange for a reduced sentence or lesser charge. In some cases, the charges are dismissed due to lack of evidence or other legal defenses. Going to remains an option depending on the circumstances of the case, and your choices as the client.
How a misdemeanor can affect you
Don’t underestimate the impact of a misdemeanor charge in your life. Even a minor misdemeanor can have lasting consequences. Here’s how a misdemeanor can affect you:
- Employment: Many employers conduct background checks. A misdemeanor on your record could prevent you from getting a job or even result in job termination.
- Housing: Landlords often check criminal records before renting out properties. A misdemeanor could make it harder to secure housing.
- Driver’s License: Depending on the offense, a misdemeanor could lead to the suspension or revocation of your driver’s license, affecting your mobility and independence.
- Future Legal Consequences: If you face future legal problems, previous misdemeanors could be considered, leading to harsher penalties.
How much are misdemeanor fines?
The fines associated with misdemeanors in Florida depend on the degree of the misdemeanor:
- First-degree misdemeanor: Up to $1,000 in fines.
- Second-degree misdemeanor: Up to $500 in fines.
These amounts may seem relatively small, but they can add up, especially when combined with court fees, probation costs, and other related expenses.
Additional costs you should be aware of
Fines aren’t the only financial burden you may face if convicted of a misdemeanor. Additional costs can include:
- Court costs: Every case involves administrative fees that you must pay regardless of the outcome.
- Probation fees: If placed on probation, there are costs associated with meeting the conditions set by the court.
- Restitution: In cases where the misdemeanor caused damage or loss to someone else, you may need to pay restitution.
8 Exceptions to the Florida misdemeanors rule
Florida law is filled with nuances and exceptions, and misdemeanors are no different. Here are eight situations where exceptions may apply:
- First-time offenders: First-time offenders may be eligible for diversion programs that allow them to avoid a formal conviction.
- Minors: Juvenile offenders often face a different set of legal consequences compared to adults, with the focus on rehabilitation.
- Domestic violence misdemeanors: Penalties for misdemeanors related to domestic violence can be enhanced, leading to harsher consequences.
- DUI misdemeanors: While generally classified as a misdemeanor, DUIs have their own set of rules, resulting in specific mandatory sentences upon a conviction.
- Hate crimes: If a misdemeanor is found to be motivated by bias, it may be upgraded to a felony.
- Multiple charges: As mentioned earlier, multiple misdemeanor convictions may escalate future offenses to felony status.
- Professional licensing: Certain misdemeanors can affect professional licenses, such as those held by healthcare providers or real estate agents.
- Statute of limitations: While misdemeanors have a statute of limitations, certain exceptions can extend the time during which charges can be filed.
Why do you need a criminal defense lawyer for a misdemeanor?
Even though misdemeanors may not seem as serious as felonies, they can still have far-reaching effects. That’s why, if you’re facing misdemeanor charges in Florida, speaking with an experienced criminal defense attorney is essential. A lawyer can help you understand the charges, protect your rights, and potentially reduce or dismiss the penalties you face.
Our team at Apfelbaum Law has extensive experience handling misdemeanor cases across Florida, providing expert legal advice tailored to each client’s unique circumstances. We focus on achieving the best possible outcome while minimizing the impact on your life.
Conclusion
Misdemeanors may be considered less severe than felonies, but they still carry significant consequences that can affect your life, from your job to your reputation. Understanding what a misdemeanor in Florida entails, the types of misdemeanors, and how they are handled in the legal system is crucial if you’re facing charges or just curious about the law. If you find yourself in legal trouble, remember that professional legal advice is invaluable. At Apfelbaum Law, we are here to guide you through every step of the process.
