Misdemeanors are criminal offenses in Florida’s legal system. Unlike felonies, which can result in long prison terms, misdemeanors typically lead to shorter sentences or fines. Even though they are considered less severe, they can still have a lasting impact on a person’s life.
What Are Misdemeanors?
First-Degree Misdemeanors
The maximum penalty for a first-degree misdemeanor is up to one year in jail and a fine of up to $1,000. Besides jail time and fines, a first-degree misdemeanor can also result in probation, community service, or other court-ordered penalties.
Second-Degree Misdemeanors
The maximum penalty for a second-degree misdemeanor is up to 60 days in jail and a fine of up to $500. In some instances, a second-degree misdemeanor can be elevated to a first-degree misdemeanor or even a felony if certain aggravating factors are present.
Common Misdemeanors in Florida
Driving-Related Offenses
- Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs.
- Reckless Driving: Driving with a willful disregard for the safety of people or property.
- Driving Without a Valid License: Operating a vehicle without possessing a valid driver’s
- Driving with a Suspended License: Driving while knowing that one’s license has been suspended or revoked.
Public Order and Safety Offenses
- Disorderly Conduct: Engaging in disruptive or unruly behavior in public that disturbs the peace.
- Disorderly Intoxication: Being intoxicated in a public place and causing a disturbance or posing a threat to others’ safety.
- Resisting an Officer: Failing to comply with or obstructing a law enforcement officer’s efforts without the use of force or violence.
- Trespassing: Entering or remaining on property without authorization or refusing to leave after being asked.
Property and Theft-Related Offenses
- Petit Theft: Stealing property valued at less than $750.
- Criminal Mischief: Vandalizing, damaging, or defacing someone else’s property.
- Shoplifting: Stealing items from a retail store, typically valued under a specified threshold.
Drug and Alcohol-Related Offenses
- Possession of Marijuana (Under 20 Grams): Possessing a small amount of cannabis for personal use.
- Possession of Drug Paraphernalia: Possessing items typically associated with the use or manufacture of illegal drugs, such as pipes or syringes.
- Underage Possession of Alcohol: Individuals under the legal drinking age possessing or consuming alcohol.
Domestic and Personal Safety Offenses
- Simple Battery: Intentionally touching or striking another person against their will without causing serious injury.
- Simple Assault: Threatening violence toward another person without actually carrying it out, creating fear of harm.
- Domestic Battery: Battery committed against a family member or household member, but without serious injury.
- Stalking: Engaging in repeated unwanted contact, harassment, or following of another person with the intent to cause fear.
Fraud and Misrepresentation Offenses
- Worthless Checks: Writing a check without sufficient funds in the account to cover the amount.
- Fraudulent Use of a Credit Card: Using someone else’s credit card or credit card information without permission.
Weapons-Related Offenses
- Carrying a Concealed Weapon Without a Permit: Possessing a concealed firearm or other weapons without the proper state license or permit.
- Improper Exhibition of a Firearm: Displaying a firearm or other dangerous weapon in a threatening or careless manner.
- Discharging Firearms in Public: Firing a weapon in a public place without legal justification.
- Unlawful Sale of Firearms: Selling firearms without proper authorization or failing to comply with state regulations.
Penalties and Consequences
Jail Time
One of the most common penalties for a misdemeanor is jail time. In many cases, the actual time served may be less than the maximum sentence, depending on factors like good behavior or the terms of a plea deal. However, even a short time in jail can have serious consequences for a person’s life, including loss of employment and strain on personal relationships.
Fines
Fines can be burdensome, especially for individuals with limited financial resources. In some cases, a judge may allow fines to be paid over time or may reduce the fine based on the individual’s ability to pay. However, failure to pay fines can result in additional penalties, including the possibility of jail time.
Probation
Probation is often used as an alternative to jail time, particularly for first-time offenders or those with minor offenses. Probation can last up to one year for a first-degree misdemeanor and up to six months for a second-degree misdemeanor. During probation, individuals must follow specific rules set by the court, such as reporting to a probation officer, avoiding further legal trouble, and completing community service. Community service involves working a set number of hours for a non-profit organization or public agency. Violating the terms of probation can lead to additional penalties, including the possibility of serving the original jail sentence.
Florida has a pretrial intervention program that applies to first-time offenders. Completion of this program could allow the individual to have their charges dismissed.
Long-Term Consequences
Even after serving the sentence for a misdemeanor, the conviction can have long-lasting effects. A misdemeanor conviction can appear on background checks, potentially affecting employment opportunities, housing applications, and even the ability to obtain certain professional licenses. Additionally, certain misdemeanor convictions can lead to the suspension of driving privileges or other rights. In some cases, it may be possible to have a misdemeanor conviction expunged or sealed, which can help reduce its impact on future opportunities. However, this expungement process is not available for all types of misdemeanors and may require legal assistance.
Consequences of Multiple Misdemeanors
When someone commits several misdemeanor offenses, they may assume that each one is an isolated event with relatively minor consequences. However, repeated misdemeanor charges can accumulate and potentially be reclassified as a felony, which comes with far more serious legal penalties. This escalation often depends on the nature of the misdemeanors, the number of offenses, and the timeline over which they occur. For example, a person who commits multiple driving offenses or petty thefts may eventually face felony charges if they continue to violate the law without addressing their previous convictions.
Felony charges bring harsher penalties, including longer prison sentences, higher fines, and the possibility of losing civil rights, such as the right to vote or possess firearms. Additionally, a felony conviction can permanently affect a person’s criminal record, making it difficult to find employment, secure housing, or apply for loans.
Federal Consequences of Misdemeanor Convictions
A misdemeanor conviction, while often viewed as a lesser offense, can still have serious consequences under federal law. One of the most important things to understand is that any conviction—even for a misdemeanor—creates a criminal record.
The Legal Process for Misdemeanor Charges
Arrest and Booking
Once arrested, the individual is taken to a local police station or jail for booking. At booking, the individual’s personal information, fingerprints, and photograph are taken. Depending on the severity of the misdemeanor and the individual’s criminal history, they may be released on bail, issued a citation, or held until their first court appearance.
First Appearance and Arraignment
After the arrest and booking, the individual will have a first appearance before a judge, usually within 24 hours. During this appearance, the judge will inform the accused of the charges and determine whether bail is appropriate. If bail is granted, the individual can be released from custody until their trial date. If not, they will remain in jail until the trial. The next step is the arraignment, where the individual will enter a plea of guilty, not guilty, or no contest. A plea of not guilty will lead to a trial, while a guilty plea or no contest can lead to sentencing without a trial.
Pre-Trial Proceedings
If the individual pleads not guilty, the case will move to the pre-trial stage. During this time, the defense and prosecution may exchange evidence, interview witnesses, and discuss possible plea deals. Plea deals can involve pleading guilty to a lesser charge or receiving a reduced sentence in exchange for avoiding a trial. The pre-trial stage is crucial for gathering evidence and building a defense. It can also be a time when negotiations take place between the defense and prosecution to resolve the case without going to trial.
Plea bargains, while often presented as an easy solution to quickly resolve misdemeanor charges, can carry risks that defendants should carefully consider. Many defendants believe that pleading “no contest” to a misdemeanor will spare them from long-term consequences, but this is not always true. A “no contest” plea still results in a conviction, and the associated criminal record can affect your life in much the same way as a guilty plea.
Trial
If the case goes to trial, it can be decided by a judge or jury. The trial involves both the prosecution and the defense presenting evidence, questioning witnesses, and making arguments to support their side. The prosecution must prove beyond a reasonable doubt that the accused is guilty of the misdemeanor charge. The defense will aim to show that there is insufficient evidence for a conviction or present any defenses that may apply. After both sides have presented their cases, the judge or jury will decide the outcome. If the individual is found guilty, the judge will impose a sentence based on the nature of the offense and other factors.
Sentencing and Appeals
If found guilty, the individual will be sentenced according to the guidelines for the specific misdemeanor. After sentencing, the individual can appeal the conviction or sentence. This usually happens if they believe there was a legal error that occurred at the trial. An appeal can result in a new trial, a reduced sentence, or even the overturning of the conviction.
How Can a Criminal Defense Lawyer Fight My Charges?
Explaining the Charges
Your lawyer will break down the charges against you, explaining the legal terms and what they mean for your situation. This ensures you understand what you’re up against and what the possible outcomes could be.
Evaluating Evidence
A good defense attorney will carefully review the evidence the prosecution has against you. They can identify weaknesses in the case, such as illegal searches or unreliable witnesses, and use that information to challenge the prosecution’s evidence.
Disputing the Evidence
A lawyer can also challenge the physical evidence the prosecution presents. This could involve questioning the methods used to collect and preserve evidence, disputing the accuracy of forensic testing, or showing that the evidence does not directly link you to the crime. Your attorney may work with expert witnesses to dispute evidence like fingerprints, video footage, or breathalyzer results, depending on the nature of your case.
Finding Legal Defenses
Your lawyer will explore all available legal defenses, which could range from showing that you were acting in self-defense to proving that you were falsely accused. Each misdemeanor charge may come with its own potential defenses, and a knowledgeable attorney will be able to identify the strongest ones for your situation.
Negotiating Plea Deals
In many cases, a lawyer can negotiate with the prosecution to reduce the charges or penalties. This might mean pleading to a lesser offense, avoiding jail time, or minimizing fines. An experienced lawyer knows how to negotiate the best possible deal for you.
Preparing for Trial
If your case goes to trial, your lawyer will represent you in court. They will gather evidence, interview witnesses, and build a strong defense strategy to present your side of the story. Having a lawyer ensures that your rights are protected throughout the process.
Mitigating Penalties
If you are convicted, a defense attorney can argue for a reduced sentence, especially if it’s your first offense or there are mitigating factors. This might mean serving probation instead of jail time, attending counseling, or participating in community service.
Protecting Your Record
A criminal defense lawyer will also explore options to protect your record, such as pretrial diversion programs, which may allow you to avoid a conviction if you meet certain conditions. They can also help you with expungement or sealing your record after the case is closed.
Additional Resources
Florida Statutes Section 775.08 – This law provides definitions for different classes of offenses under Florida law. It categorizes criminal offenses into felonies, misdemeanors, and noncriminal violations, explaining the punishments associated with each. Noncriminal violations do not lead to imprisonment but may result in fines or other civil penalties.
Seal and Expunge Process – The Seal and Expunge Process allows individuals to request the removal or sealing of their criminal records in Florida. This process starts with applying for a Certificate of Eligibility, followed by a court order. It offers several options, including administrative expungement, court-ordered sealing, and special provisions for juveniles. The Florida Department of Law Enforcement oversees this process.
Misdemeanor Pretrial Diversion Program – The Misdemeanor Pretrial Diversion Program offers an alternative to traditional prosecution for first-time misdemeanor offenders in Florida. Participants in the program agree to fulfill certain conditions, such as paying fees, attending educational classes, or performing community service. In return, their charges may be dropped upon successful completion of the program. This initiative, managed by the State Attorney’s Office, helps individuals avoid a criminal record and supports their rehabilitation within the community.
Hire a Lawyer for Misdemeanor Charges in Brevard County, Florida
Misdemeanor charges may not seem like a big deal, but it is important to remember that any conviction, including many plea deals, will stick with you for life. These charges will harm your job prospects, your potential to find good housing, and education opportunities for the younger population.
Mark Germain is a dedicated criminal defense lawyer in Melbourne, FL that defends clients accused of misdemeanor charges for all manner of offenses, including drug, sex, and violent offenses.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
