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What Can Happen if You Are Charged With a Misdemeanor?
If you face a misdemeanor charge in the Lakeland area or anywhere else in Central Florida, you will need to be advised and represented by a Lakeland misdemeanor defense attorney, and you’ll need to get in touch with that attorney as quickly as possible.
Although misdemeanors are considered lesser crimes than felonies, a misdemeanor conviction in the State of Florida can make it difficult to find employment, and in some cases, to keep whatever employment you may already have.
What are your rights if you are facing a misdemeanor charge? What steps will you need to take? And how will your employment prospects be affected if you receive a conviction for a misdemeanor in this state?
How Are Misdemeanor Convictions Penalized in Florida?
Misdemeanor cases in Florida are handled by the county courts. The exact penalties for a particular misdemeanor conviction in this state depend on the nature of the crime and the defendant’s prior criminal history, if any.
A first-degree misdemeanor conviction may be penalized with up to a year in jail and/or a fine of up to $1,000. Second-degree misdemeanor convictions may be punished with up to sixty days in jail and/or a fine of up to $500.
Offenders who are convicted of misdemeanors may be required to serve time in a county jail, but they are not sent to a Florida state prison.
Which Offenses Are Misdemeanors?
There may be additional penalties – such as a temporary driver’s license suspension – for particular misdemeanor convictions. Which crimes are misdemeanors? In Florida, misdemeanors include but are not limited to:
- battery, domestic battery, and simple assault
- petit theft
- disorderly conduct, indecent exposure, and prostitution
- reckless driving and speeding more than thirty miles per hour over the posted limit
- resisting arrest without violence
- unlawful possession of marijuana or drug paraphernalia
Is DUI a Felony or a Misdemeanor?
Unless there are aggravating circumstances, a first or second DUI (driving under the influence) offense will be charged as a misdemeanor. A first or second DUI conviction is usually penalized with a fine, a driver’s license suspension, and probation, although a jail sentence is possible.
A third DUI offense within a period of ten years is usually charged as a felony, but if you drive for a living, or if driving is essential to your work, any driving under the influence conviction can make it difficult to find employment or to keep the job you have.
How Can A Misdemeanor Conviction Affect Your Life?
Even if your misdemeanor conviction is not for driving under the influence, that conviction will go on your criminal record and may significantly affect your life. Your employment prospects may be limited, as many Florida employers conduct background checks before hiring.
You are usually required to disclose your criminal record when asked by a prospective employer or a landlord, unless that record has been sealed or expunged. If employers are rejecting you, or if you’re being turned down for housing, the reason may be your misdemeanor conviction.
In Florida, however, after a period of time, many misdemeanor convictions may be expunged or sealed. Not every convicted misdemeanor offender will be eligible for expungement or sealing, and you’ll need the services and advice of a Lakeland misdemeanor defense lawyer.
Take These Steps if You Are Charged With a Misdemeanor
Of course, if you can avoid a misdemeanor conviction, you won’t have these concerns about employment, housing, expungement, or sealing a criminal record. Most misdemeanors can be eventually expunged, but the best strategy is fighting the charge and keeping a clean record.
If you are charged with a misdemeanor in or near the Lakeland area, the first step you should take is to contact – as quickly as possible – the offices of a Lakeland misdemeanor defense attorney. The second step is exercising your Miranda rights. Your Miranda rights include:
- the right to remain silent
- the right to be told that anything you say may be used against you in a court of law, and
- the right to have your attorney present during any questioning
How Will a Misdemeanor Defense Lawyer Help You?
If the police question you – and whether they tell you or not – you always have the right to remain silent, whether or not you are in custody and whether or not your rights have been read to you. It is always best to exercise that right.
Instead, let your lawyer answer the questions and do the talking for you. You should be represented by a Lakeland misdemeanor defense lawyer who has a reputation for legal excellence and a record of success. A good defense lawyer will:
- compile pertinent evidence and interrogate witnesses on your behalf
- closely examine the state’s case against you and find any flaws or mistakes
- seek to have the charge against you reduced, dismissed, or dropped
- bring your misdemeanor case to its best possible conclusion
It is not difficult to be charged with a misdemeanor in the State of Florida. Prosecutors in this state filed more than 240,000 misdemeanor charges in the 2022-2023 fiscal year. Whether you are innocent or guilty as charged, you have the right to sound legal representation.
Take Your Misdemeanor Case to DeMichael Law
You’ll need the services of a defense lawyer who has a record of victories in similar cases, an attorney who successfully guides clients through the often-confusing Florida court system. Defense attorney Andrea DeMichael represents both misdemeanor and felony defendants.
She will review your case without cost or obligation, explain your legal options, and advocate aggressively for the justice you need. As a former prosecutor, attorney Andrea DeMichael knows both sides of the law, and she brings her considerable legal experience to every client and case.
Now or in the future, if you are charged with a misdemeanor offense in the Lakeland area or anywhere in Central Florida, you should schedule – as quickly as possible – a no-cost evaluation of your case with attorney Andrea DeMichael, and call DeMichael Law at 863-216-1831.
