Felony charges can result in serious punishments from at least a year in state prison to expensive fines. A felony conviction can have devastating consequences on your life, and can reduce chances of finding gainful employment, or furthering your education if you are required to disclose your conviction.
Tallahasse Felony Defense Attorney
If you or someone you know has been charged with a felony, it is imperative to hire an experienced attorney who can help reduce your charges or seek a minimal sentence. To potentially avoid very harsh punishments, contact Don Pumphrey, Jr. for a consultation regarding your alleged felony offense.
Examples of Common Felonies in Florida
Felony charges in Florida can include, but are not limited to:
- Aggravated Assault,
- Battery / Aggravated Battery,
- Rape,
- Sexual Battery
- Possession with Intent to Sell,
- Drug Trafficking,
- Felony Marijuana Possession,
- Trafficking of Marijuana,
- Murder / Homicide,
- Manslaughter,
- Robbery,
Florida Felony Charges Information Center
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Classification and Punishment for Florida Felonies
Felony charges in Florida can be classified as capital felonies, life felonies, felonies of the first degree, felonies of the second degree or felonies of the third degree. Under 775.082 of the Florida Statutes, punishment for a capital felony is punishable by death, or life imprisonment without parole. Life felonies can incur prison time up to life in state prison, depending on the crime and previous convictions.
Felonies of the first degree can include imprisonment up to 30 years and possibly life imprisonment, depending on the crime. Offenses classified as second degree felonies can include up to 15 years in state prison, and third degree felonies involve state prison time of five years or less.
Felonies can also incur monetary punishments. For example, a conviction of a life felony can result in a fine up to $15,000. Fines for first or second degree felonies cannot exceed $10,000, and fines for third degree felonies can be up to $5,000.
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Felony Criminal Procedure
Once you have been charged with a felony in Florida, there are several steps to the pre-trial and trial process.
Arraignment
First, you will have an arraignment in a superior court, where bail will be set, your charges will be read to you, you will enter a plea, and you will have an opportunity to announce your attorney of record.
Preliminary Hearing
Next, there will be a preliminary hearing where the judge will determine if there is enough evidence to prosecute your offense at trial. The judge will determine if there is probable cause that a crime was committed and that you were the person who allegedly committed the crime. This hearing is conducted solely in front of a judge, and not a jury.
Pre-Trial Conference
At the pre-trial conference, your attorney and the prosecution may attempt to agree to a plea bargain, change the initial charge or crop the number of felony counts.
Trial
If you do not agree to a plea bargain, your case will proceed to trial. At trial, you will have an opportunity to have a jury, comprised of members of the community, hear you case. The jury or judge will determine at trial whether you are guilty or innocent of the charges against you. The prosecution has the burden of proving you were guilty beyond a reasonable doubt in order to convict you of the crime you allegedly committed.
Sentencing
If you are found guilty, the judge will sentence you based on the crime you are convicted of and whether you had a prior criminal record or used a deadly weapon to commit your crime.
Appeal
If you choose to appeal your conviction, you will typically have only 30 days to file notice of your appeal after the judgment is final. An appeal is not based on the facts of your case, but whether some error occurred in your trial process. For example, the jury instructions were erroneous, a pre-trial motion was incorrectly overruled, or there was insufficient evidence presented at trial for your conviction.
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Tallahassee Felony Defense Lawyer
If you have been charged with a felony in Leon County, Tallahassee, contact Don Pumphrey, Jr., of the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular situation. There may be defenses to your charge, and finding an attorney who will aggressively fight on your behalf is your best option to avoid severe punishment.
Lawyer Don Pumphrey, Jr. is experienced in criminal defense, and may be able to reduce or alleviate your charges completely. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged felony charge.