Misdemeanor Charges in FL

Most people don’t expect to face criminal charges in their lifetime. If you have no intention of committing a serious crime you have no reason to worry… right? The truth is plenty of good honest people find themselves facing misdemeanor charges in FL each and every day.

While the potential consequences for these offenses are often described as “less severe” you can still be sentenced to huge fines, community service, and even jail time.

If you or a loved one have been hit with misdemeanor charges in FL contact The DUI Center today at (561) 951-1264 for your free consultation.

What Constitutes a Misdemeanor in FL?

According to Florida Statute Section 775.08 any offense punishable by one year or less in jail constitutes a misdemeanor.

As with the rest of the US, misdemeanor charges in Florida are less serious than felony offenses. Being convicted of a misdemeanor therefore carries lighter penalties than felonies—up to one year in jail and up to $1000 in fines.

But the judge can impose far more than just these two consequences. The potential penalties also include:

• Hours of community service
• House arrest or electronic monitoring
• Loss or suspension of your driving privileges
• Probation including regular check-ins with your probation officer
• Restitution to the victims for medical expenses, property damage, etc.
• Mandatory classes/programs like anger management or DUI education
• Injunctions or restraining orders prohibiting you from contacting the victim

Examples of Misdemeanor Charges in FL

In Florida, misdemeanors are categorized into two degrees: first-degree and second-degree. First-degree misdemeanor crimes are the more serious of the two.

Second-degree misdemeanors, being less severe, carry slightly lighter penalties. You face a maximum of up to 60 days in county jail and up to $500 in fines for this type of charge. A few examples of second-degree misdemeanor offenses are:

• Trespassing
• Simple assault
• Disorderly conduct
• Loitering or prowling
• Driving with a suspended license
• Simple drug paraphernalia possession
• Criminal mischief (damage less than $200)

Examples of first-degree misdemeanors include:

• Stalking
• Petit theft
• Simple battery
• Domestic violence battery
• Violating a restraining order
• Driving under the influence (DUI)
• Resisting arrest without violence
• Possession of marijuana (under 20 grams)

But keep in mind that the details of your case can impact the severity of your charges. Aggravating circumstances related to this case or past convictions of any kind can elevate your offenses to a higher level.

Understanding Potential Penalties for Misdemeanor Charges in FL

Now you understand that for a first-degree misdemeanor you typically face up to one year in jail, up to $500 in fines, and many other potential penalties like community service.

There are also some additional nuances to be aware of as they can have a major impact on your sentence.

First, any prior convictions can make a big difference. As a repeat offender you may face harsher penalties than you otherwise would. A judge is more likely to, for example, impose the maximum jail time or give you strict probation conditions.

But what if you’re a first-time offender? In this case, you may be eligible for a diversion program or conditional discharge. These options are typically reserved for less serious crimes and people with no criminal record.

Diversion programs are often ideal because upon completion you may receive a reduced charge or even full dismissal of your case—which means no conviction on your record.

Lastly, if your charge is related to driving whatsoever you need to be aware of driving-related penalties. Offenses like DUI, reckless driving, and driving with a suspended license can also result in:

• Impoundment of your vehicle(s)
• Suspension of your driver’s license
• Completing a driver improvement course
• Mandatory ignition interlock device installation

Get Help from a Dedicated Highly Knowledgeable Florida Misdemeanor Lawyer

Though you may think of misdemeanor charges as “not a big deal” the consequences can affect your life for years to come. If you lost your license how would that impact your job? Your family? Your daily routine?

The best way to avoid these serious penalties is by working with a reliable, extremely knowledgeable misdemeanor attorney like Andrew Simko of The DUI Center.

At The DUI Center, our goal is always to protect your rights while aggressively fighting for your freedom. Contact us today at (561) 951-1264 to schedule your FREE case consultation.

Misdemeanor Attorney FAQs

What is the process for arraignment on misdemeanor charges in Florida?

The arraignment process for misdemeanor charges in FL typically follows these key steps:

1. You’ll receive a Notice to Appear in court following your arrest which tells you the date, time, and location of the arraignment.
2. At the arraignment, the judge will formally read the charges against you and ask you to enter a plea (Guilty, Not Guilty, or No Contest).
3. The judge will also inform you of your rights such as the right to an attorney and the right to a jury trial.
4. Your lawyer will be present at the arraignment to advise you on how to plead.
5. If you plead Not Guilty (which happens in most cases), the court will set dates for pretrial hearings and the trial.
6. If you plead Guilty or No Contest, the judge will either sentence you or set a date for the sentencing hearing.

How do I get a misdemeanor expunged in Florida?

To get a misdemeanor expunged in Florida you have to meet the eligibility requirements and go through the application process. Here’s an overview:

• You must have completed all aspects of your sentence, have no pending charges, and the charge must not fall into specific categories (such as violent crimes or crimes involving minors)
• You have to apply for a Certificate of Eligibility from the FDLE which involves submitting fingerprints, paying fees, and providing documentation
• With the Certificate in hand, you and your attorney must file a petition for expungement with the court that handled your case
• You’ll attend a hearing where the judge evaluates whether the expungement is appropriate
• If granted, the court issues an order for expungement—but this decision is 100% at their discretion, not a sure thing

Can a DUI misdemeanor be reduced to reckless driving in FL?

Yes, in Florida it’s possible for your DUI misdemeanor to be reduced to reckless driving. But this doesn’t happen by chance—it depends on many factors and your misdemeanor attorney will need to negotiate with the prosecution to make it happen.

Getting your charges reduced is ideal because you’ll face much less severe penalties compared to a DUI. It also doesn’t carry the same social stigma and may even impact your insurance rates less than a DUI.

If you or a loved one are facing misdemeanor charges in Florida don’t leave your future up to chance—contact The DUI Center today at (561) 951-1264 for your FREE case evaluation.