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Strategies Defense Lawyers Use to Fight Felony Charges
When you’ve been charged with a serious crime in Florida, you want an attorney experienced with felonies and who knows what it takes to get a positive outcome for these cases, whether that’s a dismissal or not guilty verdict. Mounting a strong felony defense requires an in-depth understanding of the law, strong investigative skills, and the ability to argue a case in a court of law successfully. Understanding the steps attorneys go through to develop defense strategies for these critical cases can help defendants work more effectively with their counsel.
Evaluating the Charges
The first step in any criminal defense case is understanding the charges fully. You need to know what you’ve been charged with, whether it’s a felony or a misdemeanor, the degree of the charge, and the potential penalties. When you’re accused of a felony in Florida, it can be a:
- Capital felony
- Life felony
- First-degree felony
- Second-degree felony
- Third-degree felony
A capital felony is the most serious, and a third-degree felony is the least serious. But even lesser felonies can carry significant penalties. The fines for felonies range from $15,000 for a life felony to $5,000 for a third-degree felony, and a third-degree felony generally carries a maximum prison sentence of five years. You’ll also be a convicted felon and have to deal with the consequences of that label, which can extend far beyond the end of your sentence.
Meeting With the Defendant
Another critical step in determining the defense strategy for a felony case is to talk with the defendant. Defense attorneys need to be aware of everything related to the case, including what happened before, during, and after, to defend their clients. It’s vital that you answer all of your attorney’s questions honestly and disclose everything you know about the case. It’s common for defendants to say they were innocent when they really weren’t or to try to leave out or hide details that make them look bad. But these are precisely the things your defense attorney needs to know to choose the right strategy and avoid being surprised in court.
The defense attorney will also need to determine if anything in their client’s background could affect the case. For example, prior convictions can mean that specific penalties may be enhanced, resulting in potentially longer sentences if convicted again. An attorney can use this information to determine whether it’s better to proceed to trial or attempt to arrange a plea deal.
Investigating the Case
Part of a defense attorney’s duties is to ensure they understand the facts of the case and any potential evidence. This includes knowing what evidence the prosecution is planning to use, which is disclosed through the discovery process. An attorney may need to conduct their own investigation by reading through police reports, going over the evidence, and interviewing potential witnesses.
This is often the most time-consuming part of a criminal case, but it’s essential to be thorough when dealing with high-stakes felony cases. Many people are surprised to find out that it can take months or even years before a felony case actually gets tried in court. However, this time is spent investigating the case, preparing depositions, and having pre-trial hearings where matters like what evidence will be allowed in court are decided.
Considering the Defense Options
Felony charges have several defense options, and it’s essential to consider all the potential strategies. A criminal defense attorney will go through each option with you, including the pros and cons and overall chances of success. The nature of the charges, the available evidence, and the defendant’s background are all factors in determining the right course of action. For example, if there are apparent procedural issues, it may be better to attempt to get the case dismissed on a technicality. However, if the evidence is strong and the defendant has previous convictions, attempting a plea bargain may be less risky.
It’s important to remember that this is all based on your attorney’s knowledge and experience, and that no outcome can ever be guaranteed in a criminal case. The defendant must make an informed decision about how they wish to proceed based on their lawyer’s counsel.
Being Prepared for Every Outcome
Everyone hopes for a positive result, but a good defense attorney will be prepared and have a plan for every potential outcome. In many cases, the initial strategy is to attempt to get the charges dismissed or reduced. However, this isn’t always successful, and an attorney should always be preparing for trial as they try these other avenues. At any point, the prosecution may also offer the defendant a deal, and the defense attorney needs to be prepared to discuss those terms and give their advice on whether to take it.
If the case goes to trial, a defense attorney is clearly focused on obtaining a not guilty verdict. However, juries are unpredictable, so it’s essential to consider what may happen if the verdict goes the other way. A defense attorney should be prepared to start the appeals process immediately after a guilty verdict if it applies.
Navigating the criminal justice system can be overwhelming on your own, and when you’ve been charged with a felony, the stakes are even higher. Attorney Andrea DeMichael is here to represent you and guide you through this process. Call DeMichael Law at 863-216-1831 to start fighting your charges.
