Miami Felony vs. Misdemeanor Charges: Key Differences

Miami Felony vs. Misdemeanor Charges: Key Differences

Getting charged with a crime in Miami can be scary. You may not know if it’s a felony or misdemeanor, and what the consequences are. This article will explain the key differences between felonies and misdemeanors in Miami so you understand your situation better.

What’s a Misdemeanor?

A misdemeanor is a less serious criminal offense. It’s punishable by up to 1 year in county jail and fines up to $1,000. There’s 2 types of misdemeanors in Florida:

• First degree – up to 1 year jail and $1,000 fine
• Second degree – up to 60 days jail and $500 fine

Some examples of misdemeanors are DUI, simple assault, petty theft, trespassing, disorderly conduct, vandalism, and possession of small amounts of drugs. Many misdemeanors start out as felonies but get reduced through plea bargaining.

What’s a Felony?

A felony is a more serious criminal offense. It’s punishable by more than 1 year in state prison and fines over $1,000. There’s a few types of felonies in Florida:

• Capital felony – punishable by death or life in prison without parole
• Life felony – punishable by life in prison (25 years)
• First degree felony – up to 30 years in prison
• Second degree felony – up to 15 years in prison
• Third degree felony – up to 5 years in prison

Some examples of felonies are murder, rape, armed robbery, aggravated assault, large scale drug trafficking. Felonies are no joke – they can ruin your life if convicted.

Key Differences Between Felonies and Misdemeanors

There’s some major differences between misdemeanors and felonies to understand:

• Felonies are more serious with harsher punishments
• Misdemeanors are tried in county court, felonies in district court
• Misdemeanors have no grand jury, felonies require grand jury indictment
• Felonies allow plea bargaining, misdemeanors typically don’t
• Felonies give you a jury trial, misdemeanors are bench trials
• Felonies go on your permanent record, misdemeanors can sometimes be sealed

As you can see, the stakes are much higher with felony charges. The consequences will follow you for life. So fighting felonies aggressively is critical.

Common Defenses Against Felonies

If you’ve been charged with a felony in Miami, there are defenses a criminal lawyer may use to get charges reduced or dismissed. Some common ones are:

• Invalid search – if evidence was obtained illegally through an improper search, it may be excluded.
• Entrapment – you were induced by police to commit a crime you otherwise wouldn’t.
• Self-defense – you acted reasonably to protect yourself from harm.
• Misidentification – you were mistakenly identified as the perpetrator.
• Intoxication – you were too impaired to form intent to commit the crime.

An experienced Miami criminal defense lawyer will thoroughly investigate your case to build the strongest defense to get felony charges reduced or dismissed.

Penalties for Common Miami Felonies

Here’s a quick overview of potential penalties for some common felony charges in Miami:

• Drug trafficking – Up to 30 years in prison and $250,000 fine[1]
• Robbery – Up to 15 years in prison[2]
• Burglary – Up to 15 years in prison[3]
• Grand theft – Up to 5 years in prison and $5,000 fine[4]
• Aggravated assault – Up to 5 years in prison[5]
• Fraud – Up to 5 years in prison and restitution[6]

As you can see, a felony conviction comes with severe penalties that can ruin your life. So fighting the charges is critical.

Should You Accept a Plea Deal?

Prosecutors often offer plea deals to people charged with felonies in Miami. This involves pleading guilty in exchange for reduced charges or lighter sentencing. While a plea deal may seem tempting, you should be cautious, for these reasons:

• You’ll have a permanent felony on your record
• You may still face jail/prison time
• You lose certain rights like voting and owning a gun
• You’ll have trouble getting jobs, loans, housing

Many people regret accepting plea deals. An attorney may be able to get charges dismissed completely or substantially reduced. Discuss options thoroughly before accepting any deal.

Expungement of Felonies in Miami

If convicted of a felony in Miami, you may be able to get it expunged after completing your sentence. Requirements are:

• Finish probation period
• No new charges for 5-10 years
• Pay all fines and restitution
• Get expungement approved by judge

If approved, your felony conviction will be removed from public records and you can legally say you don’t have a record. This opens up job and other opportunities. Talk to an attorney about expungement.

What About Misdemeanors?

While felonies carry more severe consequences, misdemeanors are still criminal charges with penalties. Some key things to know:

• Up to 1 year jail time and $1,000 fine
• Goes on your criminal record
• Can affect job, school, and other prospects
• May be able to get sealed after time

So don’t take a misdemeanor charge lightly. Meet with a lawyer to explore options to get the charges reduced or dismissed without a conviction.

Finding the Right Miami Criminal Lawyer

If you or a loved one is facing felony or misdemeanor charges in Miami, it’s critical to have an experienced criminal defense lawyer on your side. Look for someone with a proven record of getting charges reduced and dismissed. Be wary of lawyers making unrealistic promises. Discuss your case specifics to decide the best legal strategy.

With severe penalties at stake, a felony conviction can derail your entire life. So you need to aggressively fight the charges with an attorney. Every case is different, but an effective lawyer will thoroughly examine the evidence, identify weaknesses, and build the strongest defense on your behalf.

Don’t leave your life to chance. Meet with a qualified Miami criminal defense attorney as soon as possible after an arrest. The sooner you start working on your defense, the better. This can make the difference between prison time and preserving your freedom.

References

[1] Florida Drug Trafficking Penalties

[2] Florida Robbery Laws

[3] Florida Burglary Laws

[4] Florida Grand Theft Laws

[5] Florida Aggravated Assault Laws

[6] Florida Fraud Laws