Common Mistakes Defendants Make in Misdemeanor Cases and How to Avoid Them

What is a Misdemeanor?

Under Florida law, a misdemeanor is any criminal offense punishable by up to one year of incarceration and a fine of up to $1,000. Misdemeanors are classified based on the severity of the infraction, and the classification determines the type of sentencing associated with conviction.

• Misdemeanor of the second degree is less severe.
• Misdemeanor of the first degree is more severe.

Misdemeanor crimes are typically violations that result in low economic losses or less violent actions against another person.

What Are Examples of Misdemeanor Crimes?

As stated, first-degree misdemeanors are more serious offenses and include, but are not limited to, the following:

• Simple battery
• Domestic violence, first offense
• Violation of an injunction for protection
• Driving with a suspended license, second offense
• Specific theft charges
• Possession of marijuana
• DUI

Second-degree misdemeanors are less serious crimes and include but are not limited to the following:

• Disorderly intoxication
• Disorderly conduct
• Certain petty theft crimes
• Possession of alcohol by a minor, first offense
• Solicitation of prostitution
• Simple assault

What Penalties Are Associated with Misdemeanors?

Sentencing and other penalties following a misdemeanor conviction can vary based on the specific circumstances of each case. While Florida law states that misdemeanors can only warrant up to a year of incarceration, several enhancements and conditions may elevate a misdemeanor to a felony charge and, therefore, a longer sentence.

For example, a second offense for simple battery will elevate the charge from a first-degree misdemeanor to a third-degree felony. Crimes against elderly or vulnerable individuals will also enhance a charge where it is no longer considered to be a misdemeanor.

In the State of Florida, first-time offenders receive a less severe sentence than habitual or repeat offenders. Habitual offenders have been convicted of a misdemeanor infraction on multiple occasions and may be sentenced to mandatory jail time or a residential treatment program.

What are Common Mistakes to Avoid Following a Misdemeanor Arrest?

After receiving a criminal charge, it is more important than ever to keep a level head and ensure that basic rights are left intact. The following guidelines will assist during the initial arresting period.

• Remain silent: Remaining silent after an arrest is the simplest and most powerful advice available. It is a basic right that should be enforced, whether answering questions or voluntarily providing information.
• Avoid cover-ups: Attempting to conceal information relevant to a crime can lead to additional or enhanced charges. Never attempt to destroy or cover up evidence or information pertinent to a case.
• Do not try to influence witnesses: Attempting to influence how a witness acts or speaks may have significant consequences. Treat every conversation as if it is being recorded because it likely is. Any attempt to manipulate a narrative or cover-up in these situations can be detrimental to a legal case.
• Avoid legal speak: Do not argue with officers during an arrest. Any attempt to debate or engage with officers may lead to more charges and a weaker legal claim.
• Contact an attorney as soon as possible. An attorney can consult and advise during a legal situation and will look out for your best interest. The importance of legal representation cannot be overstated. At DeMichael Law, I will personally work on your behalf to ensure the best outcome for your situation.

What are Common Mistakes to Avoid While Awaiting Trial?

Every step of the legal process has the opportunity for major mistakes that can jeopardize the outcome of the case. While awaiting trial or sentencing for a misdemeanor, here are specific errors to avoid to ensure the best result:

• Remain silent: While this advice has already been mentioned, it should be remembered at every step of the process. Do not speak to police at any point without an attorney present.
• Do not ignore court dates or other legal obligations: Failure to appear for mandatory court dates can lead to severe consequences, such as additional charges, arrest warrants, or enhanced charges.
• Do not post about the case on social media: Prosecuting attorneys monitor social media for information that can be used against the defense. Privacy settings should be adjusted to limit access to personal pages where outdated posts may even be used against the defense.
• Avoid withholding information from an attorney: An attorney can only advise based on the information they have available. Information believed to be irrelevant or damaging is still crucial for an attorney to have all of the facts and to be able to defend your case. Be honest and forthcoming.
• Heed the advice of an attorney: The attorney who represents you should have the experience and knowledge necessary to make the best decisions for the case. Do not ignore his or her advice. Court appearance, behavior, legal strategy, all of this is useful information that your attorney can provide. Do not ignore what they have to say because they are there to help ensure the best outcome possible.
• Adequately prepare for court: Preparing for court includes dressing appropriately, arriving on time, and understanding the etiquette of the courtroom. Failure to prepare can create a negative impression for the judge and jury that may be detrimental to proceedings. Be sure to work with an attorney to develop and adhere to a strategy that works for your case.

Do I Need an Attorney?

As stated, the best resource for any legal case is retaining legal representation as soon as possible. At DeMichael Law, I am ready to fight for your future. Call me today at 863-216-1831 or fill out a contact form for a free consultation.