Felony v. misdemeanor?
A felony is a crime which is punishable by more than one year imprisonment while misdemeanors are punishable by imprisonment up to one year. Felonies are further categorized:
- 3rd Degree 5 years/$5,000 fine
- 2nd Degree 15 years/$10,000 fine
- 1st Degree 30 years/$15,000 fine
Some cases can benefit from an early aggressive approach. We understand the importance of developing a solid legal defense for our clients and are dedicated to working tirelessly to protect your interests. We may be able to build your defense based on insufficient evidence, improper testing, illegal traffic stop, and plain old innocence with the goal of having your charges reduced or dismissed.
Minimum Mandatory Sentences and Sentencing Enhancements
Some offenses carry minimum mandatory prison time. For instance, Drug Trafficking convictions require 3, 15, or 25 years in prison depending upon the type and weight of the substance.
A felon in actual possession of a firearm carries a 3 year minimum mandatory sentence.
Sentencing enhancements can alter the maximum prison time. Habitual Felony Offender, Habitual Violent Felony Offender, Prison Releasee Reoffender and Violent Career Criminals, are designations under Florida Law than can Felony Offenders can expect to have their maximum prison exposure as listed above exceeded.
Sometimes police officers make contact with those they are investigating in the hopes they can obtain a confession or incriminating statement. Recent changes in the law have made it more difficult to attack the voluntariness of a confession. Only you can assert your right to remain silent and your invocation of that right must be clear and unequivocal.Before you return a call from an officer or agree to speak to an officer, consult an attorney so you are aware of your rights. There is generally no duty to talk to law enforcement and invoking your right to remain silent is nothing to be ashamed of and does NOT imply guilt. Your right to remain silent is just like any other constitutional right—your right to vote, freedom of religion, freedom of speech, bear arms, own property and the pursuit of happiness. Having an attorney involved while you are being investigated can have an enormous impact on the outcome of the case.