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Misdemeanor Crimes in Florida and Associated Penalties
Contents
- 1 Misdemeanor Crimes in Florida and Their Penalties
- 2 Battery
- 3 Petit Theft
- 4 Driving Under the Influence (DUI)
- 5 Drug Possession
- 6 Disorderly Conduct
- 7 Resisting Arrest Without Violence
- 8 Trespassing
- 9 Driving with a Suspended License
- 10 Penalties for Misdemeanors in Florida
- 11 Defenses for Florida Misdemeanors
- 12 What to Do if Charged with a Florida Misdemeanor
- 13 Resources
Misdemeanor Crimes in Florida and Their Penalties
In Florida, crimes are classified as either felonies or misdemeanors. Felonies are the more serious crimes that can be punished with over a year in prison, whereas misdemeanors are less severe and can be punished with up to a year in county jail.Misdemeanors are further divided into first-degree and second-degree. First-degree misdemeanors are punishable by up to one year in jail and fines up to $1,000. Second-degree misdemeanors have lighter penalties – up to 60 days in jail and fines up to $500.Some common misdemeanor offenses in Florida include:
Battery
Battery involves intentionally touching or striking someone against their will, or intentionally causing bodily harm. Simple battery is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Aggravated battery involves causing great bodily harm and is a felony.
Petit Theft
Petit theft involves stealing property valued at less than $300. It can be charged as either a first or second-degree misdemeanor depending on the circumstances. Second-degree petit theft applies when the property is valued at less than $100. First-degree petit theft applies when the property is worth $100-$300, or if the person has a prior theft conviction.
Driving Under the Influence (DUI)
A first DUI conviction is generally a second-degree misdemeanor, with penalties of up to 60 days in jail, fines up to $500, and a 6-month driver’s license suspension. A second DUI within 5 years becomes a first-degree misdemeanor with harsher penalties. A third DUI within 10 years is charged as a felony.
Drug Possession
Possession of 20 grams or less of marijuana is a first-degree misdemeanor. Possession of certain prescription drugs without a prescription is a first-degree misdemeanor as well. Possession of most illegal street drugs like cocaine, heroin, methamphetamine, and ecstasy is a felony.
Disorderly Conduct
Disorderly conduct involves causing a public disturbance or disrupting the peace. It covers things like public intoxication, brawling, unreasonably loud noise, and using offensive language. Disorderly conduct is generally a second-degree misdemeanor.
Resisting Arrest Without Violence
Resisting arrest without violence involves obstructing or opposing a lawful arrest without actually assaulting the officer. It can include things like refusing orders, pulling away, or hiding from police. Resisting arrest without violence is a first-degree misdemeanor.
Trespassing
Trespassing involves willfully entering property without permission. Simple trespass is a first-degree misdemeanor. If the trespasser is armed or commits another crime while trespassing, it becomes a felony.
Driving with a Suspended License
Driving with a suspended or revoked license is usually charged as a second-degree misdemeanor for a first offense. Subsequent offenses can be charged as first-degree misdemeanors.
Penalties for Misdemeanors in Florida
The penalties for misdemeanors in Florida depend on the degree of the offense:
First-Degree Misdemeanor
- Up to 1 year in county jail
- Fines up to $1,000
- Probation up to 1 year
- Driver’s license suspension up to 1 year if a driving-related offense
Second-Degree Misdemeanor
- Up to 60 days in county jail
- Fines up to $500
- Probation up to 6 months
- Driver’s license suspension up to 6 months if a driving-related offense
In addition to incarceration and fines, those convicted of misdemeanors may face other consequences like probation, community service, restitution to victims, counseling or treatment programs, and more. Your criminal record will also show the misdemeanor conviction.Certain misdemeanors may impact your ability to possess firearms or work in certain careers. DUI and domestic violence convictions can also negatively impact child custody and immigration status.
Defenses for Florida Misdemeanors
There are various legal defenses that a criminal defense attorney may use to fight misdemeanor charges in Florida:
- Lack of criminal intent – For crimes like battery and theft, the prosecution must prove you had intent to cause harm or take property. Your lawyer may argue you acted accidentally or out of necessity.
- Self-defense – Using reasonable force to protect yourself or others can be a lawful defense against battery, assault, and other charges.
- Consent – Crimes like battery and trespassing require a lack of consent from the victim. You may avoid conviction if the “victim” actually consented to the contact or entry.
- Mistaken identity – When misidentification occurred, an attorney can show you weren’t the person who actually committed the crime.
- Illegal search – If evidence was obtained through an unconstitutional search, your lawyer can file a motion to suppress it from being used against you.
- Intoxication – For DUI and public intoxication charges, a defense may argue your intoxication level was below the legal limit.
- Entrapment – Undercover cops cannot induce you into committing a crime you otherwise wouldn’t. A lawyer may argue police entrapment occurred.
What to Do if Charged with a Florida Misdemeanor
If you’ve been arrested for a misdemeanor crime in Florida, here are some steps to take:
- Remain silent and politely decline to answer police questions until you have legal counsel.
- Hire a criminal defense attorney as soon as possible to start building your defense.
- Follow your lawyer’s advice about whether to accept a plea bargain or take your case to trial.
- For driving offenses, request an administrative hearing within 10 days to contest your license suspension.
- If applicable, seek counseling, treatment programs, or anger management classes before your court date.
- Ask your attorney about pretrial diversion programs like drug court that could lead to avoiding conviction.
- Discuss with your lawyer whether getting charges dropped, reduced, or sealed/expunged later on is a possibility.
Dealing with a misdemeanor charge is stressful. But with an experienced Florida criminal defense lawyer on your side, you can better understand the charges against you and develop an effective legal strategy. Don’t hesitate to call a lawyer for help fighting your misdemeanor case.