Being charged with a crime, even a misdemeanor, can be a daunting experience. While misdemeanors are considered less serious than felonies, they are still criminal offenses that carry significant penalties and long-term consequences. In Miami-Dade County, Florida, having a knowledgeable Misdemeanor Lawyer on your side is crucial to protect your rights and navigate the complexities of the legal system. For individuals unfamiliar with criminal court, the stress and uncertainty of a misdemeanor charge can be overwhelming. A criminal conviction can impact your personal relationships, career prospects, and even your immigration status if you are not a U.S. citizen. For many, avoiding a criminal record is paramount. At internetlawyers.net, we recognize the seriousness of every misdemeanor case, regardless of its classification. Our experienced criminal defense attorneys are dedicated to providing robust defense strategies tailored to your specific situation.
What Constitutes a Misdemeanor in Florida?
In Florida, misdemeanors are primarily prosecuted at the state level, although federal misdemeanor charges are also possible. State law categorizes misdemeanors into two degrees: first-degree and second-degree. This classification is critical as it dictates the maximum penalties you could face upon conviction. A second-degree misdemeanor in Florida carries a maximum jail sentence of 60 days, whereas a first-degree misdemeanor can result in a jail sentence of up to one year.
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 imprisonment will be served locally. State prison sentences are reserved for felony convictions with terms exceeding one year. Furthermore, fines associated with felony convictions are typically much higher than those for misdemeanors.
Alt text: The Miami-Dade County Courthouse building exterior, symbolizing misdemeanor court locations.
Misdemeanor vs. Felony: Key Distinctions
The line between a misdemeanor and a felony can sometimes be subtle, often depending on the severity or extent of the crime. For instance, theft offenses are differentiated into grand theft (felony) and petit theft (misdemeanor) based on the value of the property involved. Similarly, drug offenses or violent crimes can be classified as either misdemeanors or felonies depending on the specifics of the case. Conversely, certain crimes like fraud are consistently classified as felonies, while others are always considered 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 |
Reference: Florida Statutes, Sec. 775.082(4)(a) & (b).
Arrest Procedures for Misdemeanors in Florida
Generally, Florida law dictates that a law enforcement officer can only make an arrest for a misdemeanor if the offense occurs in their presence or during “fresh pursuit” of the suspect. However, there are numerous exceptions to this rule, detailed in Florida Statute Section 901.15. These exceptions include arrests related to domestic violence, battery, certain traffic violations, assault on a police officer, criminal mischief, and shoplifting. Regardless of the officer’s presence, all arrests must be justified by probable cause.
In situations where an officer chooses not to make an immediate arrest but still intends to press charges, they may issue a “notice to appear.” This form serves as an official notification requiring the individual to appear in court. Alternatively, misdemeanor cases can also commence with a summons, which is a court order sent to the accused by mail, directing them to appear in court. Federal misdemeanor cases often begin with a summons rather than an arrest.
Alt text: Miami police car with flashing lights, representing misdemeanor arrests and law enforcement.
The Consequences of Misdemeanor vs. Felony Convictions in Florida
While both misdemeanor and felony convictions carry penalties, felonies typically have far more severe and long-lasting repercussions.
1. Civil Rights Implications:
In Florida, a misdemeanor conviction generally does not result in the loss of civil rights. This means individuals convicted of misdemeanors usually retain their rights to vote, serve on juries, and hold public office. Felony convictions, however, can lead to the loss of these rights, although Florida has taken steps to restore voting rights for some felons after they complete their sentences.
2. Firearm Ownership:
A misdemeanor conviction in Florida typically does not affect the right to possess a firearm, unless the misdemeanor is related to domestic violence or similar offenses. Conversely, felony convictions in Florida prohibit individuals from owning firearms.
3. Employment and Housing Challenges:
While a misdemeanor conviction can create obstacles in securing certain jobs or housing, employers and landlords may be more understanding compared to felony convictions. However, professions in law enforcement, education, or childcare in Florida might have stricter policies regarding any criminal record. Felony convictions can significantly impede employment and housing opportunities, with many employers and landlords viewing felonies, especially serious or violent ones, as major concerns.
Procedural Differences: Misdemeanors vs. Felonies
Misdemeanor cases in Florida have notable procedural differences from felony cases. One key difference is that, generally, defense attorneys are not automatically entitled to take depositions of state witnesses in misdemeanor cases. Depositions are sworn testimonies taken outside of court. However, if a misdemeanor lawyer can demonstrate “good cause” to a judge, depositions may be permitted. Additionally, defendants are entitled to take depositions if the prosecution takes statements from witnesses listed by the defense.
Another significant difference is the speedy trial rule. The prosecution has a shorter timeframe to bring a misdemeanor case to trial compared to a felony case. In felony cases, the prosecution has 180 days to bring a defendant to trial, while in misdemeanor cases, this period is reduced to 90 days. Therefore, it is critical to have a criminal lawyer with experience and expertise to effectively defend against a misdemeanor charge. Your future and freedom are at stake.
Courts Handling Misdemeanor Cases in Florida
Florida’s state court system is structured into county courts and circuit courts. County courts primarily handle misdemeanor cases, while circuit courts preside over felony cases. Circuit courts can also handle misdemeanor charges if they arise from the same circumstances as a felony charge. However, county courts do not have jurisdiction over felony offenses.
Common Misdemeanor Charges in Florida
Our criminal defense law firm routinely defends individuals facing a variety of misdemeanor charges, including:
- DUI (Driving Under the Influence)
- Petit Theft/ Shoplifting
- Battery
- Simple Assault
- Drug Possession (Marijuana, etc.)
- Disorderly Conduct
- Criminal Mischief
- Trespassing
Contact a Miami Misdemeanor Lawyer for Legal Assistance
Our Miami misdemeanor lawyer team at internetlawyers.net has extensive experience representing clients across a broad spectrum of misdemeanor charges in Miami-Dade County. Our criminal defense attorneys have a proven track record of helping clients resolve their misdemeanor cases favorably, allowing them to move forward with their lives. We understand the anxieties and concerns you are facing, and we are prepared to provide you with the skilled legal representation you need. By promptly engaging an experienced Miami misdemeanor attorney, you can minimize the potential long-term consequences of your criminal charge on your career, personal life, and reputation. You deserve a dependable Miami criminal defense attorney providing sound legal counsel and robust representation.
CALL US IMMEDIATELY for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or complete our secure and confidential intake form below. Providing detailed information will help us respond to your inquiry effectively.
FILL OUT INTAKE FORM
*Given the high volume of inquiries our South Florida law office receives, we encourage you to provide specific details about your case via our confidential intake form. This enables us to address your inquiry promptly and appropriately.
PRIORITIZE DUE DILIGENCE WHEN SELECTING A MIAMI CRIMINAL DEFENSE LAWYER. ENSURE THEY POSSESS THE QUALIFICATIONS AND EXPERIENCE NECESSARY TO HANDLE YOUR MISDEMEANOR CASE EFFECTIVELY.
