People who have been charged with misdemeanor offenses often believe the charge is not serious, or they can just avoid a criminal record by pleading “no contest” or accepting probation. However, someone who has been charged with a misdemeanor and attempts to handle the charge without the assistance of an attorney can unknowingly be convicted of a criminal charge, which can remain on their criminal record for years to come. Further, misdemeanors can sometimes be viewed as a first strike for those who are subsequently convicted of other criminal charges.
Tallahassee Misdemeanor Defense Attorney
Therefore, it is important to hire an attorney who can assist you if you have been charged with a misdemeanor. An experienced attorney can guide you in entering an appropriate plea or defense, and in some cases, can even arrange to have the charge dismissed. Contact Don Pumphrey, Jr. for a consultation regarding your alleged misdemeanor offense.
Examples of Misdemeanors in Florida
Misdemeanor Assault
Misdemeanor Theft
First DUI Offense
Second DUI Offense
Misdemeanor Assault/Battery
Misdemeanor Domestic Violence
Violation of Probation
Florida Misdemeanor Charges Information Center
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Classification and Penalties of Florida Misdemeanors
Misdemeanors, as defined in § 775.081 of the Florida Statutes, can either be misdemeanors of the first degree, or misdemeanors of the second degree. According to Florida Statutes §§ 775.082 and 775.083, misdemeanors of the first degree are much more serious, and can include imprisonment up to one year and/or fines up to $1,000. Second degree misdemeanors, which are less severe, can incur up to 60 days imprisonment and/or fines up to $500.
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Differences Between Felony and Misdemeanor Charges
Misdemeanors are often less serious charges than felonies, and usually carry less harsh punishments. Felonies frequently involve state prison time of more than a year, and misdemeanors can incur county jail time of one year or less. Additionally, fines for misdemeanors are lower than felony fines. However, habitual misdemeanor offenders can receive greater penalties.
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Habitual Misdemeanor Offenders
If someone receives four or more misdemeanors within a certain period of time, they can be classified as a habitual misdemeanor offender. Under Florida Statutes 775.0837, habitual misdemeanor offenders in Florida can be sentenced to mandatory prison time, mandatory commitment to a treatment program, or mandatory supervised detention.
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Avoid a Misdemeanor Criminal Record
Once you have been convicted of a misdemeanor, it may be on your criminal record for many years to come. However, it is possible to have your criminal record sealed or expunged with many misdemeanors. If your misdemeanor record is expunged in Florida, the court records will be destroyed, but the Florida Department of Law Enforcement will retain a copy of the record. However, other governmental entities will not have access to the record. When you seal your record, certain government agencies will be allowed to access your criminal record, but the general public will not be able to see you have a criminal record.
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Tallahassee Misdemeanor Defense Lawyer
If you have been charged with a misdemeanor in Leon County, Tallahassee, contact Don Pumphrey, Jr., of the Law Offices of Don Pumphrey, Jr. to discuss the particular facts of your case, and your possible defenses. There may be options to mitigate your charges, or have them dismissed altogether.
Hiring an aggressive attorney is your best option to avoid harsh penalties. Lawyer Don Pumphrey, Jr. is experienced in criminal defense, and will aggressively fight for your rights. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged misdemeanor charges.