In the state of Florida, a felony is defined as a criminal offense that carries the potential punishment of death or incarceration in a state correctional facility. Imprisonment in a state correctional facility is mandated for any sentence exceeding one year, excluding extended terms.
For defendants, having a better understanding of specific crimes classified as a felony and their potential consequences is essential to making informed decisions during legal proceedings.
Types of Felonies in Florida
Florida has five different degrees of felonies, with varying levels of severity and punishment. These include:
Capital Felony
This is the most severe type of felony, carrying the death penalty or life imprisonment without parole. Examples of this type of crime include:
- First-degree murder: First-degree murder involves intentionally killing someone under serious circumstances.
Understanding capital felonies and their consequences is crucial, as defendants facing this charge face severe penalties if convicted.
Life Felony
A life felony is punishable by up to life imprisonment and a fine of up to $15,000. These serious crimes include:
- Aggravated kidnapping: Taking a child under 13 under aggravating conditions.
- Sexual battery: Sexual battery is committed by a minor on a child under 12 years old.
Given the severity of the penalties for these types of felonies, working with a criminal defense lawyer is essential if you find yourself facing one of these charges.
First Degree Felony
First-degree felonies carry up to 30 years in prison and a fine of up to $10,000. Examples of these types of crimes include:
- Robbery: Robbery involves taking someone’s property using force, violence, or intimidation.
- Arson: Deliberately setting fire or causing an explosion that damages property.
- Kidnapping: Illegally taking or confining someone against their will.
There are other first-degree felonies in Florida, but these are some of the most common ones that are charged.
Second Degree Felony
A second-degree felony is punishable by up to 15 years in prison or a fine of up to $10,000. Examples of second-degree felonies include:
- Burglary of a dwelling: Entering an unoccupied home unarmed, without assault or battery.
- Dealing in stolen property: Selling or trafficking goods you know are stolen.
- Leaving the scene of an accident: Not stopping to help when the accident involves serious injury.
Understanding the implications of second-degree felonies is essential for anyone facing these charges.
Third Degree Felony
Third-degree felonies carry consequences that include up to 5 years in prison and a fine of up to $5,000. Examples include:
- Burglary: Entering a structure unarmed and without committing assault or battery.
- Felony battery: Inflicting significant bodily harm, disfigurement, or disability on another person.
- Aggravated assault: Using a deadly weapon to threaten but not intending to kill.
Understanding the consequences of a third-degree felony is crucial for individuals facing these charges, as it can have a significant impact on their future.
Potential Legal Defenses to Felonies in Florida
When charged with a felony in Florida, it’s essential to know that several legal defenses may be available to you. Here’s a look at some common approaches attorneys take to defend against these charges:
- Self-defense: In cases where the accused acted to protect themselves or others from harm, the self-defense argument can be used. This defense asserts that the actions were necessary and reasonable under the circumstances. Evidence used to corroborate this defense often includes witness testimony, medical records, and surveillance footage.
- Lack of intent: In some felony cases, it can be argued that the accused lacked the intent to commit the crime. This defense may apply if there is no evidence of premeditation or planning.
- Alibi: An alibi defense involves providing evidence that the accused was elsewhere when the crime took place. If credible, this can directly refute the allegations. Proving this requires a strong alibi witness or corroborating evidence such as receipts, surveillance footage, or phone records.
Speak with an attorney about what defenses might apply in your particular case.
Contact Thomas C. Grajek, Attorney At Law, to Schedule a Consultation
Understanding these potential defenses provides a clearer picture of the options available to those facing felony charges in Florida. Always consult with a Florida criminal defense lawyer to explore which defense strategy is appropriate for your specific situation. Contact an attorney at Thomas C. Grajek, Attorney At Law, today to schedule a consultation. You can all call us at (863) 688-4606.