Misdemeanors are generally less serious than felonies, but they can still carry legal penalties that affect your future. Understanding the difference between the two classifications is vital if you’re a defendant facing criminal charges.
Knowing your rights and what steps to take can help you navigate the legal process more effectively.
Felonies vs. Misdemeanors in Florida
In Florida, criminal offenses are divided into two broad categories: felonies and misdemeanors. Felonies generally involve more serious behavior and can result in lengthy prison terms. Misdemeanors, by comparison, usually lead to shorter jail stays in a county facility.
Longer Sentences for Felonies
When someone is convicted of a felony, they often face time in state prison that can last for years, depending on the severity of the crime. In some cases, felonies can even lead to life in prison. This means a felony conviction can have a much more significant impact on your life, affecting future job prospects and family stability.
Misdemeanors, on the other hand, are punishable by up to a year in county jail. That doesn’t mean they shouldn’t be taken seriously; a year in jail can still turn your life upside down.
Felony Charges Reduced to Misdemeanors
During plea bargaining, certain felony charges can sometimes be lowered to misdemeanors. This can be especially valuable when trying to seal or expunge a criminal record later on, as misdemeanor convictions are viewed as less severe and can more easily be cleared from your record.
Working with a skilled defense attorney can improve your chances of negotiating for a lesser charge. In some cases, your lawyer might even be able to have your charges dropped altogether.
Misdemeanor Charges in Florida
Misdemeanor charges in Florida are less serious than felonies, but they can still carry serious consequences that affect your life and future. Below is an overview of possible penalties and charges.
First-Degree Misdemeanors in Florida
These are the most serious misdemeanor offenses in the state, with crimes like battery, DUI, and domestic violence often falling under this category. A conviction can carry up to one year in county jail, fines of up to $1,000, and as much as a year on probation.
In some cases, the court may choose to withhold adjudication. However, if it doesn’t, you could face a permanent criminal record, which may also lead to losing certain licenses or privileges.
Second-Degree Misdemeanors in Florida
Crimes such as trespassing (in some cases) and disorderly intoxication are considered second-degree misdemeanors. Penalties often include up to 60 days in county jail, probation for up to six months, and fines of up to $1,000.
While these charges aren’t as severe as first-degree misdemeanors, they can still have a lasting impact on your life.
Repeat Misdemeanors in Florida
Those who repeatedly commit misdemeanors can expect harsher penalties, including mandatory jail time or strict programs like residential treatment or home detention. This can also mean losing eligibility for pretrial diversion or facing sentence enhancements.
Having multiple offenses on your record generally limits probation options and makes each new charge more serious than before.
Expunging Misdemeanors in Florida
In Florida, you may be able to have your record sealed or expunged. However, there are various criteria that you must meet, and not all offenses are eligible.
Crimes Eligible for Expungement
Florida allows some nonviolent misdemeanors, first-time drug offenses (excluding trafficking), select juvenile offenses, and cases where no charges were filed or were ultimately dismissed. If you meet these conditions, you could pursue the process of having your record expunged.
Even if you qualify, you’ll need to follow specific steps, complete paperwork, and meet deadlines. A lawyer can help you determine your eligibility.
Crimes Ineligible for Expungement
Serious felonies, violent crimes, and sex offenses are not typically eligible for expungement, along with traffic violations that cause severe injury or death. Individuals facing these types of charges may not be able to remove them from their records in the State of Florida.
This can limit opportunities in employment, housing, or licensing. Still, it’s worth your time reaching out to an attorney to determine if your specific charges can be expunged.
Expungement Process
Generally, you’ll begin by obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement. Once you’ve done that, you’ll prepare and file a petition with the court, and a hearing date may be set.
If the judge approves your petition, you’ll get a court order directing the relevant agencies to remove or seal your records.
Contact a Lakeland Criminal Defense Attorney for a Consultation Today
Understanding the consequences of a misdemeanor charge can help you make more informed decisions about your future. If you’re facing misdemeanor charges in Florida, reach out to Thomas C. Grajek, Attorney At Law to schedule a free consultation with an experienced Lakeland criminal defense attorney. You can contact us online or call (863) 688-4606 today.