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Criminal Penalties In Florida

When you have been arrested for or charged with a crime, your thoughts immediately go to this question: “Am I going to jail?” In addition to jail time, you may worry about the impact the charges will have on your employment opportunities and the other limitations that can be placed on your life.

At Moses and Rooth Attorneys at Law, our Orlando criminal defense lawyers are prepared to fight vigorously for your rights and interests. We understand how a conviction for any type of crime – misdemeanor or felony – can affect your liberties and your livelihood. We are dedicated to standing by you throughout the process and mitigating the consequences of a conviction.

Penalties for Misdemeanors and Felonies
We devote our time and resources to guiding you through a difficult situation. Whether you have been charged with a drug crime, a sex offense, a domestic violence offense, DUItheft or any other crime, we know that the successful resolution of the matter is the most important thing in your life at the moment. To that end, we focus on minimizing the consequences of a conviction, which are as follows:

  • Second-degree misdemeanor: Punishable by no more than 60 days in jail, six months of probation and a $500 fine. Examples of second-degree misdemeanors include petty theft, traffic violations, trespassing and assault.
  • First-degree misdemeanor: Punishable by no more than one year in jail, one year of probation and a $1,000 fine. Examples of first-degree misdemeanors include battery, resisting law enforcement without violence, theft and DUI with property damage.
  • Third-degree felony: Punishable by up to five years in prison, five years of probation and a $5,000 fine. Examples of third-degree felonies include drug possession, resisting law enforcement with violence, aggravated assault, and third or subsequent DUI.
  • Second-degree felony: Punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine. Examples of second-degree felonies include drug sales and delivery, aggravated battery and robbery.
  • First-degree felony: Punishable by up to 30 years in prison, 30 years of probation and a $10,000 fine. Examples of third-degree felonies include drug trafficking and robbery with a firearm.
  • Life felonies: Punishable by life in prison without the possibility of parole or probation for life, and a $15,000 fine. Examples of life felonies include sexual battery (rape), kidnapping and homicide.
  • Capital felonies: Punishable by death or life in prison without the possibility of parole. Examples of capital felonies include sexual battery (rape) and first-degree murder.

Some Collateral Consequences of Criminal Convictions

Certain crimes have consequences regardless of what a Judge sentences you to at the time of a plea. This is a list of those possible consequences but certainly not a complete one. It is important to discuss any possible consequences with your attorney.

  • If you are convicted pf a crime involving drugs, either a misdemeanor or a felony, you are subject to a mandatory 2 year driver’s license revocation.
  • If you are convicted of a felony you are prohibited from possessing a firearm.
  • If you are not a United States Citizen, by entering a plea you are subject to deportation. It is extremely important to notify your attorney of your legal status immediately.
  • If you are convicted of a domestic violence offense or subject to a domestic violence protective order you are prohibited from possessing a firearm.
  • If within a five year period, you have three convictions for certain driving offense, including but not limited to DUI, driving on a suspended license and manslaughter involving a motor vehicle, you will be designated as a habitual traffic offender and your license will be suspended for five years.
  • If convicted of a felony you will lose your right to vote.