The Key Differences Between Misdemeanors and Felonies

What Do I Do if I Have Been Charged With a Crime in Florida?

Being charged with a crime is a terrifying and often confusing situation. The most important thing to understand, regardless of guilt or innocence, is that no one within the system is there to be your new best friend. The harsh reality is that the Florida criminal justice system is not on your side. No one entangled with the mechanisms of “the system” is there to help you. Not even the overworked public defender, who may or may not have time to do more than briefly glance at your case file before rushing in to meet with you. That person has 100 other cases precisely like yours, which all demand their attention.

When facing criminal charges, you need an advocate with a vested interest in you and your case. That’s precisely what you’ll find in the team of criminal defense lawyers with DeMichael Law. We take our work personally. Call 863-216-1831 for a free consultation.

What Should I Do if I Am Charged With A Crime in Florida?

The most important thing to do when you are charged with a crime in Florida, whether a felony or misdemeanor, is to get legal help immediately. Most people caught up in the criminal offense system have little or no fundamental understanding of the law or how it works, even less of the criminal justice system. It can be very overwhelming and feel very bleak and hopeless. It is manufactured to make you feel that way. “Abandon all hope, ye who enter here” could be the motto. Very few cases are as black and white or open and shut as they seem. There are frequently more options available to defendants than they realize, and a qualified criminal defense attorney can help find them. Do not give into despair. Be proactive.

What Type of Crime is Considered a Misdemeanor?

The Florida Legislature defines misdemeanors as less serious criminal offenses punishable by law with imprisonment in a county jail or correctional facility for one year or less. Misdemeanor charges are not applied to non-violent traffic violations.

Some common examples of misdemeanors include:

• First or Second-degree theft-these types of crimes include petty shoplifting to anything valued up to $749
• Some Drug Charges- Florida takes drug crimes seriously, and most are felonies, but there are a few, such as possession of less than 20g of cannabis or paraphernalia, that are charged as first-degree misdemeanors
• Resisting Arrest- Non-violent resistance to arrest or interfering with law enforcement while engaging in their lawful duties is a misdemeanor. Other examples include refusal to obey verbal commands, knowingly providing false or misleading information to law enforcement, or attempting to evade capture.
• Domestic Violence-While domestic violence is a serious crime, in most circumstances, it is charged as a misdemeanor. In some instances, more serious charges are appropriate, and domestic violence rises to a felony level.

What Type of Crime is Considered a Felony?

A felony in Florida is a criminal offense punishable by law by death or imprisonment in a state penitentiary or correctional facility for more than one year.

Some common examples of felonies include:

• Homicide
• Sexual Crimes
• Robbery or Burglary of items valued more than $750
• Assault with a weapon
• Kidnapping
• Domestic Violence

What Are the Key Differences Between Misdemeanors and Felonies?

Misdemeanors and felonies have many significant differences. Many defendants are unsure of what they are when thrust into the criminal justice system. Some of the primary differences are:

• Misdemeanors are less severe, usually non-violent offenses
• Most charged with felonies are held in jail without a bond, while those accused of misdemeanors are given a bond or released pending their hearing
• In misdemeanor cases, the judge determines the sentence. Felonies usually require a trial by jury
• Some felonies result in the loss of some civil rights, such as the right to purchase or own guns.
• The most distinctive difference between misdemeanors and felonies is the length of sentencing upon conviction. Those charged with Misdemeanors are punished with one year in county jail, while felonies result in longer sentences in state-run facilities and higher fines.

What Are Ways Criminal Charges Can Be Defended?

Many people facing criminal charges mistakenly believe that the cost of hiring a criminal defense attorney is prohibitive and not worth it when they can defend themselves. Building a vigorous defense against criminal charges requires a keen legal professional team. Accomplished legal counsel will:

• Find witnesses and interview them.
• Investigate witness backgrounds and statements.
• Analyze police actions and behavior.
• Develop defense strategies suited to your case.
• Custom tailor a plea bargain.
• Assess plea offers and potential trial outcomes.
• Serve as a buffer between you and the prosecution team.
• Guide you through every step of the process.

When Should I Call A Criminal Defense Attorney?

Facing criminal charges, whether felony or misdemeanor, is a frightening prospect. A conviction will affect your finances, the well-being of your family, and those who love and care for you.

The best way to mitigate the damage is to employ the services of a skilled and knowledgeable attorney. At DeMichael Law, we believe in providing all our clients with a robust legal defense. We build personal relationships with our clients and provide constant compassionate support throughout the legal process.

Your future is worth fighting for. Everyone makes mistakes, and everyone deserves a chance to make it right. Be proactive; take the first step. Call DeMichael Law for a free detailed case evaluation at 863-216-1831.