The process of being Criminal Charges in Florida is rarely pleasant. This is because once an arrest is made, unfamiliar terminology and tight deadlines set the tone for what follows.
“What most people fail to consider is how much weight a classification carries with it. A charge and its subsequent classification carry a great deal of weight when it comes to exposure and consequences,” says Anthony Stonick, an experienced Florida criminal defense attorney from Keys Criminal Defense, PLLC.
This article provides an overview of the common categories of crimes in Florida. It also discusses differences in penalties and the importance of subtle distinctions among crimes.
Criminal Charge Summary
A violation of the law in Florida can be categorized as a non-criminal offense or a criminal offense. Criminal offenses can be broadly put into misdemeanors or felonies.
This classification is important because it governs everything from whether a person can be imprisoned to how long a conviction will appear on a person’s record. It will determine which courts a case will be heard in, such as county courts for most misdemeanors and circuit courts for felonies.
The key point is that two charges that are very similar in name can differ substantially in their penalties. This can depend on the severity of the injury, the dollar amount, and whether there was intent.
Infractions and Corresponding Penalties
An infraction is generally a non-criminal traffic-related offense. These offenses are generally only going to involve fines, court costs, and points on your driver’s license.
But fines will still be imposed for these offenses. The accumulation of points will lead to the revocation of driving licenses, higher insurance rates, and problems for business vehicle drivers.
Some traffic offenses may be upgraded from a violation to a crime. One may be charged with a misdemeanor for operating a vehicle with a suspended license.
Misdemeanors & Their Punishments
These acts are considered criminal but less serious than felonies. In Florida, they are typically classified as either a first-degree or a second-degree misdemeanor.
For a second-degree misdemeanor, the punishment can include a maximum jail term of 60 days. A first-degree misdemeanor may carry a maximum jail term of one year. Fines, probation, community service, or attending classes may also be a punishment.
Such charges can haunt you for a number of years. A misdemeanor conviction can affect your employment, housing, immigration status, and licenses.
Felonies & Their Sentences
Felonies are the most serious crimes in Florida. They range from third-degree felonies to capital crimes. The severity of the penalties will vary based on the crime committed.
For a third-degree felony, you can get a prison term of a maximum of five years, a second-degree felony will give you a prison term of a maximum of fifteen years, and a first-degree felony will give you a prison term of a maximum of thirty years.
The capital offenses may be life imprisonment or the death penalty. Then there are the aftereffects of the felony crime, which may be civil. These may affect the felon’s rights to bear arms, to vote, or to be employed.
What Influences Sentencing?
The sentencing in Florida does not rest solely upon the offense. Other factors include prior offenses, use of a weapon, level of injury, and minors.
Another sentencing code that employs the scoresheet system is the Florida Criminal Punishment Code. The code uses points based on the offense and the record of conviction to calculate the sentence of imprisonment.
But at other times, the sentence might be reduced through negotiation or other programs. Diversion, probation, treatment, or a charge reduction might be offered depending on the circumstances and the defendant’s case.
Conclusion
A criminal case reduces your world to paperwork, court dates, and waiting. Within this context, steady thinking is an art, while minor considerations count for more than one would think.
Whatever the outcome, the idea is to protect your future as much as possible throughout the process. To stay informed, calm, and consistent is rarely a dramatic move, but these are the kinds of steps that seem to work well in the long run.