Melbourne Lawyer for Felony Charges in Brevard County, Florida

Felonies are the most serious criminal offenses in Florida. A felony conviction can have long-lasting consequences impacting many areas of a person’s life, from employment opportunities to housing. Understanding the different types of felonies in Florida along with their respective penalties is important for anyone facing criminal charges.

Felony Defense Attorney in Melbourne, FL

If you have been charged with a felony-level crime, you need to contact an experienced defense attorney immediately. Mark Germain provides legal defense to clients charged with a number of crimes, including felony crimes.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

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 Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.

What Are Felonies?
Felonies in Florida
The Criminal Justice Process
Felony vs. Misdemeanor: Key Differences
Long-Term Consequences of a Felony Conviction
What Are Potential Non-Jail Alternatives For Felonies?
Defending Against Felony Charges in Florida
What Can a Felony Lawyer Do For Me?
Additional Resources
Hire a Felony Defense Attorney in Brevard County Florida

What Are Felonies?

Capital Felonies: These crimes are the most severe and can result in the death penalty or life imprisonment without the possibility of parole. The decision between life imprisonment and the death penalty is typically made by a jury based on the specifics of the case.
Life Felonies: A conviction for a life felony generally results in life imprisonment. However, in some cases, the sentence may be reduced to a minimum of 30 years in prison depending on the circumstances. A fine of $15,000 could be imposed.
First-Degree Felonies: Offenses can result in up to 30 years behind bars, although some crimes under this category may carry a life sentence. Additionally, fines up to $10,000 may be imposed.
Second-Degree Felonies: A conviction for a second-degree felony can lead to a prison sentence of up to 15 years and fines up to $10,000.
Third-Degree Felonies: These offenses carry a prison sentence of up to 5 years and fines up to $5,000.

It is also important to note that Florida has a mandatory minimum sentencing law for certain crimes. This means that the judge is required to impose a minimum sentence without the possibility of parole or early release. It should be noted that defendants convicted of felonies may also face mandatory restitution payments to victims.

Felonies in Florida

Violent Crimes

Murder: The unlawful and intentional killing of another person with premeditation or extreme recklessness.
Manslaughter: Unintentional killing of another person due to reckless or negligent actions.
Aggravated Assault: Assaulting someone with the intent to cause serious bodily harm, often involving a deadly weapon.
Aggravated Battery: Inflicting serious bodily harm on another person, often involving a weapon or causing permanent injury.
Kidnapping: Unlawfully confining, abducting, or imprisoning another person, often with the intent to commit further crimes.
Carjacking: Forcibly taking possession of a motor vehicle from another person.
Robbery: Taking property from someone by force, threat, or violence, often while using or implying the use of a weapon.
Home Invasion Robbery: Entering a person’s home with the intent to commit robbery while occupants are present.
Felony Domestic Violence: Committing acts of physical harm or threats of violence against a family or household member, causing severe injury or involving weapons.
Hate Crimes: Committing violent acts or threats based on race, ethnicity, religion, sexual orientation, or other protected characteristics.

Drug-Related Offenses

Trafficking in Controlled Substances: Possession, sale, or distribution of large quantities of illegal drugs such as heroin, cocaine, or methamphetamine.
Possession of a Controlled Substance with Intent to Sell: Possessing illegal drugs with the intent to distribute or sell them.
Drug Manufacturing: Producing or cultivating illegal drugs, such as growing marijuana or producing methamphetamine.
Prescription Fraud: Illegally obtaining prescription drugs through forgery, fraud, or deception.

Theft Crimes and Property Crimes

Grand Theft: Taking property with a value of $750 or more from an individual, business, or public entity.
Burglary: Unlawfully entering a building or dwelling with the intent to commit a crime inside, often theft.
Arson: Intentionally setting fire to property, buildings, or structures, causing damage or endangering others.
Embezzlement: Illegally taking money or property entrusted to one’s care, typically from an employer.
Forgery: Falsifying documents, signatures, or financial instruments with the intent to defraud others.

Gun Charges, Firearm, and Weapons Offenses

Possession of a Firearm by a Convicted Felon: A convicted felon unlawfully possessing or attempting to possess a firearm or other weapons.
Unlawful Discharge of a Firearm: Discharging a weapon in a manner that is illegal or unsafe, often in public places.
Armed Robbery: Using a weapon or implying possession of a weapon to commit robbery.
Carrying a Concealed Firearm Without a License: Carrying a concealed firearm without the proper state-issued license.
Possession of a Machine Gun or Explosive Device: Owning, possessing, or using automatic weapons or explosive devices without legal authority.

Sex Crimes

Sexual Battery (Rape): Non-consensual sexual intercourse or other sexual acts forced upon a victim, often involving physical force or threat.
Sexual Offenses Against Minors: Engaging in sexual conduct, exploitation, or solicitation involving individuals under the age of consent.
Child Pornography: Possessing, distributing, or producing images or videos of minors engaged in sexually explicit activities.
Human Trafficking: Exploiting or coercing individuals, often minors, into forced labor or sexual acts, often involving transportation across borders.

Public Corruption and Government-Related Crimes

Bribery: Offering or receiving money, goods, or favors to influence a public official’s decisions or actions.
Official Misconduct: Engaging in unlawful actions by public officials that abuse their authority for personal gain.
Perjury in an Official Proceeding: Lying under oath in a court or other formal legal proceeding with the intent to mislead.

Fraud, Criminal Financial Offenses, and White Collar Crime

Mortgage Fraud: Providing false information or engaging in deceptive practices to obtain mortgage loans or defraud lenders.
Insurance Fraud: Making false claims or providing false information to obtain insurance benefits or payouts.
Identity Theft: Using another person’s identity or personal information without their consent for financial or personal gain.
Credit Card Fraud: Illegally using someone else’s credit card information to make unauthorized purchases or transactions.
Tax Fraud: Willfully providing false information or concealing income to evade state tax obligations.

Traffic and Vehicle Offenses

Vehicular Homicide: Causing the death of another person through reckless or negligent driving.
Leaving the Scene of an Accident with Injury or Death: Failing to stop and provide assistance after being involved in an accident that causes injury or death.
Felony Driving Under the Influence (DUI): Repeated offenses or DUI involving injury, death, or other aggravating circumstances.

The Criminal Justice Process

Arrest: When a person is suspected of committing a felony, they may be arrested by law enforcement officers. The arrest can occur at the scene of the crime, following an investigation, or based on a warrant.
First Appearance: Within 24 hours of the arrest, the defendant must be brought before a judge for a first appearance. During this hearing, the judge will inform the defendant of the charges and appoint a public defender if the defendant cannot afford an attorney. Bail is set too.
Arraignment: At the arraignment, the defendant is formally charged with the felony offense and asked to enter a plea—guilty, not guilty, or no contest. If the defendant pleads not guilty, the case proceeds to the pretrial phase.
Pretrial: During the pretrial phase, both the defense and prosecution gather evidence, interview witnesses, and negotiate possible plea deals. Pretrial motions may also be filed, such as motions to suppress evidence or dismiss charges.
Trial: If the case is not resolved through a plea deal, it will go to trial. During the trial, both sides present their evidence and arguments to a jury. The jury then deliberates and delivers a verdict—guilty or not guilty.
Sentencing: If the defendant is found guilty, the judge will impose a sentence based on the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating factors.
Appeals: After sentencing, the defendant has the right to appeal the conviction or the sentence, arguing that legal errors were made during the trial that affected the outcome.

Felony vs. Misdemeanor: Key Differences

Severity: Felonies are more serious offenses compared to misdemeanors. They often involve violent acts, significant property damage, or large-scale theft or fraud. Misdemeanors, on the other hand, typically involve less severe conduct such as petty theft, disorderly conduct, or simple assault.
Penalties: Felonies carry harsher penalties, including longer prison sentences (ranging from 5 years to life imprisonment or even the death penalty), larger fines, and more significant long-term consequences such as loss of voting rights and difficulty obtaining employment. Misdemeanors are punishable by shorter jail sentences (up to 1 year), smaller fines, and less severe long-term consequences.
Criminal Record: A felony conviction stays on a person’s criminal record permanently, making it more challenging to move forward in life. Misdemeanors, while still serious, are often viewed less harshly by employers, landlords, and others who may conduct background checks.

Long-Term Consequences of a Felony Conviction

Employment Challenges: One of the most significant impacts of a felony conviction is the difficulty in finding employment. Many employers conduct background checks and may be hesitant to hire someone with a felony record. This can limit job opportunities, especially in fields requiring trust or responsibility, such as finance, healthcare, or education.
Housing Difficulties: Felony convictions can also affect a person’s ability to secure housing. Landlords often refuse to rent to individuals with felonies on their records.
Loss of Voting Rights: In Florida, individuals convicted of a felony lose their right to vote while serving their sentence. However, recent changes to the law have restored voting rights to many ex-felons.
Impact on Family Life: A felony conviction can strain family relationships, particularly if the person is incarcerated for an extended period. The stigma of a felony record can also affect the family’s reputation and lead to social isolation.
Difficulty in Obtaining Professional Licenses: Certain professions require a license to practice, such as law, medicine, and real estate. A felony conviction can make it difficult or impossible to obtain or renew these licenses, further limiting employment opportunities.

What Are Potential Non-Jail Alternatives For Felonies?

Probation (Florida Statutes Section 948.01): Probation is a common alternative to incarceration for felony offenders in Florida. Individuals convicted of a felony may be placed on probation, requiring them to meet conditions such as regular reporting to a probation officer, maintaining employment, and participating in counseling. Failure to comply can result in probation being revoked and the individual facing incarceration.
Community Control (Florida Statutes Section 948.10): Community control, often referred to as “house arrest,” is a more restrictive form of probation. Offenders remain under supervision in the community but are subject to strict limitations on their movements and activities. They may be required to wear an electronic monitoring device and must report frequently to a community control officer.
Pretrial Diversion Programs (Florida Statutes Section 948.08): Pretrial diversion programs are typically offered to first-time offenders charged with less severe offenses, including some felonies. Offenders may avoid formal prosecution by participating in a program that includes community service, counseling, or drug treatment. Completion of the program can result in the charges being dropped, but availability for felony cases may vary based on jurisdiction and offense type.
Drug Court Programs (Florida Statutes Section 397.334): Drug courts provide an alternative to incarceration for felony offenders whose crimes are related to substance abuse. This allows eligible offenders to participate in a structured treatment program, which includes counseling, regular court appearances, and strict supervision. Upon successful completion, felony charges may be reduced or dismissed.
Mental Health Court (Florida Statutes Section 394.47892): Mental health court is an option for felony offenders who have a diagnosed mental illness. Section 394.47892 provides a pathway for individuals to receive treatment and mental health services as an alternative to incarceration. Participants must comply with all court-ordered treatment requirements and regular court reviews.
Veterans’ Treatment Court (Florida Statutes Section 394.47891): Veterans charged with certain felonies may be eligible for veterans’ treatment court under Section 394.47891. This alternative focuses on providing treatment for mental health issues, substance abuse, or trauma-related conditions. Veterans who complete the program successfully may have their felony charges reduced or dismissed, provided they meet all program requirements.

Defending Against Felony Charges in Florida

Challenging the Evidence: This often means questioning the legality of how evidence was obtained, such as through an illegal search or seizure, or disputing the credibility of witnesses.
Alibi: This defense can be supported by witness testimony, video footage, or other forms of evidence showing the defendant was elsewhere.
Self-Defense: In cases involving violent crimes, the defendant may argue that they acted in self-defense. To succeed, the defense must show that the defendant believed they were in imminent danger of being harmed and used reasonable force to protect themselves.
Disputing Expert Testimony: Felony charges often involve expert testimony, such as DNA analysis, drug testing, or forensic analysis. A defense lawyer may bring in their own experts to challenge these findings, pointing out potential errors in methodology or questioning the qualifications of the prosecution’s expert. By undermining the credibility of expert witnesses, the defense lawyer can cast doubt on the reliability of key evidence.

What Can a Felony Lawyer Do For Me?

Explaining the Charges and Consequences: Felony charges can be complex, with varying degrees and penalties depending on the crime. Your lawyer will explain the charges against you, what they mean, and the possible consequences. This helps you understand the gravity of the situation and the options available.

Investigating and Gathering Evidence: A criminal defense attorney will conduct a thorough investigation into the case, gathering evidence, interviewing witnesses, and examining the prosecution’s case for flaws. They may also work with private investigators or expert witnesses to build a strong defense on your behalf.

Challenging the Prosecution’s Case: A skilled felony lawyer will carefully examine every piece of evidence to challenge the prosecution’s case. This might involve filing motions to suppress evidence obtained through unlawful searches or questioning the credibility of witnesses. They will use every available tool to weaken the prosecution’s argument.

Negotiating with the Prosecutor: In many cases, a felony lawyer can negotiate with the prosecutor to reduce the charges or penalties. This might involve plea bargains where you plead guilty to a lesser charge in exchange for a lighter sentence, which can help you avoid the most severe penalties of a felony conviction.

Defending You at Trial: If your case goes to trial, your lawyer will represent you in court. They will present evidence, cross-examine witnesses, and argue your defense before a judge or jury. Having an experienced trial attorney is crucial in ensuring your rights are defended and that the best possible defense is presented.

Seeking Alternatives to Prison Time: Even if convicted, a felony lawyer may help you avoid lengthy prison time. They can advocate for alternatives such as probation, community service, rehabilitation programs, or house arrest, depending on the circumstances of your case.

Appealing a Conviction: If you are convicted, your lawyer can evaluate whether an appeal is possible. This involves reviewing the trial process for legal errors that may have impacted the outcome. If there are grounds for appeal, they will file the necessary paperwork and argue the case in appellate court.

Minimizing the Long-Term Impact: Felony convictions can have lasting consequences, but a lawyer can help you explore options to minimize the long-term damage. This might include expunging your record or seeking a post-conviction relief if possible. They can also guide you on how to rebuild your life after a felony charge.

Additional Resources

Felony Diversion – Felony diversion programs in Florida offer first-time offenders a chance to avoid traditional prosecution by completing specific requirements such as restitution payments, community service, anger management, or drug treatment. These programs aim to rehabilitate individuals without the need for incarceration. The programs include options like Pretrial Intervention, Drug Court, and worthless check diversion, with specialized approaches for both felony and misdemeanor cases.

Florida Statutes Section 775.08 – Florida Statutes Section 775.08 defines and classifies criminal offenses into categories such as felonies, misdemeanors, and noncriminal violations. The law also explains the implications of each classification and outlines the penalties associated with criminal convictions.

Felon Voting Rights – In Florida, voting rights for felons depend on the nature of their conviction and whether they have completed all terms of their sentence, including any restitution. Felons convicted of murder or sexual offenses can only regain voting rights through the State Clemency Board. For other felonies, rights are restored after completing the sentence, which includes prison time, supervision, and payment of all financial obligations.

The Florida Department of Correction’s Felony Probation Page – The DOC’s probation page is another valuable resource, offering insight into probation terms, requirements, and services. Defendants can find information on how probation works in Florida, including any restrictions, reporting requirements, or eligibility for early termination of probation.

Eighteenth Judicial Circuit Court of Florida – The court’s website provides a range of resources, including court forms, information on judges, case schedules, and links to specialized programs such as drug courts and diversion programs.

Hire an Attorney for Felony Crimes in Brevard County Florida

Mark Germain provides legal defense to clients charged with a number of crimes, including felony crimes. Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

Felony Offenses