Facing a misdemeanor charge in Miami, Florida can be daunting. While considered less severe than felonies, misdemeanors, often referred to as petty crimes, are still criminal offenses carrying significant penalties. Having a skilled Misdemeanors Lawyer in Miami-Dade County is crucial to protect your rights and build a robust defense strategy. For individuals unfamiliar with the legal system, any criminal charge can feel overwhelming. A conviction, even for a misdemeanor, can negatively impact your personal life, career prospects, and immigration status if you are not a U.S. citizen. For many, avoiding a criminal record is paramount. At internetlawyers.net, our criminal defense attorneys understand the seriousness of your misdemeanor case, regardless of its classification compared to other crimes.
Understanding Misdemeanors in Florida
In Florida, misdemeanor cases are primarily handled in state courts, although federal misdemeanors do exist.
Florida law categorizes misdemeanors into two degrees: first-degree and second-degree. These classifications dictate the maximum penalties you could face. A second-degree misdemeanor carries a maximum jail sentence of 60 days, whereas a first-degree misdemeanor can lead to up to one year in county jail.
It’s important to note that in Florida, any jail sentence of one year or less is served in a county jail. Since misdemeanor sentences are capped at one year, any jail time will be served locally. Only felony convictions, with sentences exceeding one year, result in imprisonment in a Florida state prison. Furthermore, fines associated with felony convictions are typically higher than those for misdemeanors.
Misdemeanor vs. Felony: Key Distinctions
The line between a felony and a misdemeanor can sometimes depend on the specifics of the offense. For instance, theft offenses are often classified as grand theft (felony) or petit theft (misdemeanor) based on the value of the property involved. Similarly, drug crimes or violent crimes can be categorized as either misdemeanors or felonies depending on the circumstances. Conversely, certain offenses, such as fraud, are consistently classified as felonies, while others are always misdemeanors.
Florida Misdemeanor Sentencing Chart
| Degree | Jail Time | Probation Period | Maximum Fine |
|---|---|---|---|
| First Degree Misdemeanor | Up to 1 year | Up to 1 year | $1,000 |
| Second Degree Misdemeanor | Up to 60 days | Up to 6 months | $500 |
Refer to Florida Statutes, Sec. 775.082(4)(a)& (b) for detailed information.
Arrest Procedures for Misdemeanors in Florida
Florida law dictates that a law enforcement officer can generally only make an arrest for a misdemeanor if the offense occurs in their presence or if they are in “fresh pursuit” of the suspect. However, there are several exceptions to this rule, outlined in Florida Statute Section 901.15. These exceptions include arrests related to domestic violence, battery, certain traffic violations, assault on a law enforcement officer, criminal mischief, and shoplifting. Regardless of whether the officer witnesses the misdemeanor directly, all arrests must be supported by probable cause.
In situations where a police officer chooses not to make an immediate arrest but still intends to pursue charges, they can issue a “notice to appear.” This notice is often issued on the same form as an arrest affidavit. The individual signs this form to acknowledge the notice to appear. In some misdemeanor cases, the process may begin with a summons, which is a court order sent by mail, directing the accused to appear in court. Federal misdemeanor cases frequently commence with a summons rather than an arrest.
Comparing Consequences: Misdemeanor vs. Felony Convictions in Florida
Both misdemeanor and felony convictions carry consequences, but the severity differs significantly. Understanding these differences is crucial.
1. Civil Rights Restoration:
In Florida, a misdemeanor conviction typically does not result in the loss of civil rights. Individuals convicted of misdemeanors generally retain their rights to vote, serve on juries, and hold public office. Florida law is stricter concerning felony convictions. Felons may lose civil rights, including voting rights, jury duty eligibility, and the ability to hold public office. However, recent years have seen efforts in Florida to restore voting rights to some felons after they complete their sentences.
2. Firearm Ownership:
Generally, a misdemeanor conviction in Florida does not impact the right to possess a firearm, unless the misdemeanor is related to domestic violence or a similar offense. Conversely, felony convictions in Florida prohibit individuals from owning firearms.
3. Impact on Employment and Housing:
While a misdemeanor conviction can present challenges in securing certain jobs or housing, employers and landlords may be more lenient compared to felony convictions. However, professions in law enforcement, education, or childcare in Florida may have stricter policies regarding any criminal record. Felony convictions, especially for serious or violent crimes, can significantly impede employment and housing opportunities. Many employers and landlords view felonies as major red flags.
Other Key Differences Between Misdemeanors and Felonies
Misdemeanor cases also differ from felonies in legal procedures. In Florida misdemeanor cases, defense attorneys are not typically permitted to take depositions of state witnesses, which is a common practice in felony cases. A deposition is essentially a sworn out-of-court testimony. However, exceptions can be made. If a misdemeanors lawyer can demonstrate “good cause” to a judge, depositions may be allowed. Furthermore, defendants are entitled to take depositions if the prosecution takes statements from defense witnesses.
Another significant difference is the timeframe for bringing a case to trial. The prosecution has a shorter period to bring a misdemeanor case to trial compared to a felony case. In felony cases, prosecutors have 180 days to bring a defendant to trial, while in misdemeanor cases, the timeframe is only 90 days. Choosing an experienced and knowledgeable criminal lawyer is essential for properly defending against a criminal charge. The stakes are high, and effective legal representation is vital.
Court Jurisdiction for Misdemeanor Cases
Florida’s state court system is structured into county and circuit courts. County courts generally have jurisdiction over misdemeanor cases, while circuit courts handle felony cases. Circuit courts can also preside over misdemeanor cases if they arise from the same circumstances as a related felony charge. County courts, however, never have jurisdiction over felony offenses.
Types of Misdemeanor Charges in Florida
Our criminal defense law firm routinely defends individuals facing various misdemeanor charges in Miami, including:
- Driving Under the Influence (DUI)
- Petit Theft (Shoplifting)
- Simple Battery
- Disorderly Conduct
- Trespassing
- Drug Possession (Marijuana, etc. – depending on quantity)
- Resisting Arrest without Violence
- Criminal Mischief
- Traffic Violations (some)
Contact a Miami Misdemeanors Lawyer for Expert Defense
Our team of Miami misdemeanors lawyers at internetlawyers.net has extensive experience representing thousands of clients facing a wide array of misdemeanor charges in Miami-Dade County. Our criminal defense attorneys have a proven track record of helping clients resolve their misdemeanor cases and move forward with their lives. It is highly likely we have assisted individuals in similar situations, facing comparable concerns and needs as you. Taking swift action and engaging an experienced Miami misdemeanors lawyer to defend you minimizes the potential for lasting negative impacts on your career, personal life, and reputation. You need a dependable Miami criminal defense attorney who can provide sound legal counsel and effective representation.
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