Criminal Defense Lawyers

Reducing a Felony Charge to a Misdemeanor in Florida

Reducing a Felony Charge to a Misdemeanor in Florida

Getting charged with a felony offense in Florida can be an incredibly stressful and terrifying experience. Felony convictions come with severe penalties like hefty fines, years in prison, and lifelong barriers to employment, housing, and other opportunities. However, there is hope. With the help of an experienced criminal defense attorney, it may be possible to get your felony charges reduced to a misdemeanor offense. This comes with significantly less severe punishments and fewer lifelong consequences.

How Felonies and Misdemeanors Differ in Florida

The main difference between felonies and misdemeanors in Florida is the potential punishment. Felony offenses are the more serious crimes that can result in over a year in state prison. Misdemeanors are less severe and usually result in shorter county jail sentences of up to one year.

Felonies also tend to come with harsher lifelong consequences. They remain permanently on your criminal record and can never be sealed or expunged. Misdemeanors can often be sealed or expunged after a certain period of time. Felony convictions also result in the loss of certain civil rights, like the right to vote, possess firearms, and hold public office. These rights are retained even after misdemeanor convictions.

When Can Felony Charges Be Reduced?

There are a few different ways felony charges can potentially be reduced to misdemeanors in Florida:

• Plea Agreements: The most common way charges get reduced is through plea bargain negotiations between your defense attorney and the prosecutor. They may agree to reduce the charges in exchange for a guilty plea.
• Diversion Programs: Florida has pretrial diversion programs that can lead to charges being dropped or reduced upon successful completion. These are often available for first-time or low-level felony offenders.
• Weak Evidence: If the prosecution’s evidence is weak, your attorney may be able to get the charges reduced or even dismissed before trial.
• Sentencing: In some cases, felony charges can be reduced at the time of sentencing if you plead guilty and the judge decides the felony penalties would be too harsh.

So in summary, the best chance you have is through active negotiation by your criminal defense lawyer before your case ever goes to trial.

How an Attorney Can Help Get Charges Reduced

The most important thing you can do to increase your chances of getting felony charges reduced is hire an experienced criminal defense attorney. An attorney who routinely handles felony cases will know all the options available and have relationships with prosecutors that can facilitate negotiations.

Here are some of the specific ways a lawyer can help:

• Identify Weaknesses – They will thoroughly analyze the prosecution’s case to find any constitutional violations, procedural errors, or other weaknesses. These can be used as leverage in plea negotiations.
• Negotiate with Prosecutors – Experienced lawyers have working relationships with prosecutors and know which arguments are most persuasive to get charges reduced.
• Explore Diversion Programs – If available, they will determine if you qualify for any pretrial diversion programs and guide you through the application process.
• Advocate for Sentencing Leniency – Even if charges aren’t reduced pre-trial, skilled attorneys can advocate for misdemeanor-level sentences.
• Develop Mitigating Evidence – Mitigating factors like mental health struggles, professional background, lack of criminal history, or family obligations can help secure charge reductions.

Bottom line – an attorney levels the playing field and amplifies your chances of avoiding the lifelong consequences of a felony conviction.

Common Defenses to Fight Felony Charges

In addition to negotiating reductions, criminal defense lawyers also identify defenses to completely beat felony charges at trial. Some potential defenses include:

• Illegal Search & Seizure – If evidence was obtained illegally, an attorney can file a suppression motion to get it excluded. This could derail the prosecution’s entire case.
• Miranda Rights Violations – Any self-incriminating statements made without Miranda warnings being administered first can be suppressed.
• Misidentification – Eyewitness misidentification is a common contributor to wrongful convictions. Your lawyer can challenge questionable ID procedures.
• Entrapment – It may be argued you were unlawfully induced or coerced into committing the crime by police.
• Self-Defense – Force used against another may be justified if it was necessary to prevent imminent harm.
• Intoxication – You may have been too impaired to form the intent necessary to commit the crime.
• Alibi – Evidence you were somewhere else at the time of the crime could lead to dismissal.
• Mental State – You may have been suffering from mental illness that made you unable to understand your actions.

Skilled lawyers know how to craft the strongest defense strategy based on the unique circumstances of your case.

Consequences of a Felony vs. Misdemeanor

The stakes are high when facing a felony charge, so it’s important to understand the differences in consequences between felony and misdemeanor convictions in Florida:

Punishments

• Felony – Over 1 year in state prison, up to life. Maximum $10,000 fine.
• Misdemeanor – Max 1 year in county jail. Max $1,000 fine.

Impact on Civil Rights

• Felony – Loss of voting rights, right to hold public office, right to possess firearms. Some occupational license restrictions.
• Misdemeanor – All civil rights retained. Some license restrictions.

Criminal Record

• Felony – Never sealed or expunged. Always visible on background checks.
• Misdemeanor – Often can be sealed/expunged after a period of time.

Socioeconomic Consequences

• Felony – Severely limits housing, employment, education opportunities. Stigma hard to overcome.
• Misdemeanor – Far fewer lifelong socioeconomic barriers. Easier to move on with life.

As shown above, the negative effects of a misdemeanor conviction are much less severe and life-altering than felony convictions. That’s why reducing charges can profoundly impact the trajectory of your life.

Takeaways

The possibility of reducing a felony to a misdemeanor in Florida does exist in certain circumstances. With an experienced criminal defense lawyer guiding you through the process, negotiating charge reductions, and building the strongest defense, you have a fighting chance. Don’t give up hope for your future. Take the first step today by scheduling a consultation with a trusted attorney. You have more options than you realize.