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What are the Potential Consequences for a Lakeland Misdemeanor Conviction?
Facing a misdemeanor charge can feel scary and overwhelming, particularly if this is your first interaction with Florida law enforcement. You may be conflicted over what steps to take next. It can be tempting to try to handle the situation on your own because a misdemeanor charge doesn’t carry the extreme consequences of a felony. You may even worry that by enlisting the assistance of a lawyer, you may give the appearance of being guilty.
However, everyone has the right to seek legal representation when charged with a crime, and reaching out for experienced assistance can make all the difference in your case. Even though misdemeanors are less severe than felonies and result in less jail time, fines, and probation, the repercussions of a conviction can affect you for years to come. If you have been arrested for a misdemeanor, it is essential to speak with a Lakeland defense attorney who can outline the extent of the charges you are facing and advocate for your best interests in court.
What is a Second Degree Misdemeanor and How is it Penalized?
A second degree misdemeanor is the lowest level of misdemeanor charge in Florida. This charge covers a variety of criminal acts that are considered more serious than a non-criminal violation but do not rise to the level of a first degree misdemeanor. If a misdemeanor crime defined in Florida’s state statutes does not have a designated degree, it is classified as a second degree misdemeanor. Examples of behavior that could result in a second degree misdemeanor charge include:
- Disorderly conduct
- Loitering
- Disorderly intoxication
- Petit theft (first offense)
- Criminal mischief
- Driving without a valid license
Although a second degree misdemeanor is the least severe type of misdemeanor charge, it still carries penalties for conviction that can profoundly affect your life and livelihood. The maximum sentence is 60 days in county jail and a fine of up to $500. In many cases, the judge will impose a suspended sentence and place the offender on probation for up to six months. If the individual reoffends during that time, they must serve the suspended jail time.
What Punishment is Associated With a First Degree Misdemeanor?
First degree misdemeanors are the most severe type of misdemeanor charges. The charges include crimes such as:
- Stalking
- Spousal abuse
- Driving under the influence (DUI)
- Solicitation for prostitution
- Possession of drug paraphernalia
- Simple battery
- Resisting an officer without violence
- Reckless driving
- Indecent exposure
- Petit theft (second offense)
If convicted, you could face up to a year in jail and a maximum fine of $1000. You could also be placed on probation for up to a year.
What Other Ramifications Could Result From a Misdemeanor Conviction?
While a misdemeanor conviction has much less severe consequences than a felony conviction, there can still be negative fallout from your court case. Misdemeanors are recorded on your criminal record, which can, unfortunately, carry a social stigma. With public criminal records now readily available online, employers, potential dating partners, and friends can all view your history with the law and come to unfounded conclusions about your character. You may be able to have your record sealed or expunged later to remove this information, but the availability of this option hinges on how your case was initially handled.
In addition to jail time, fines, and probation, you may be required to complete court-ordered community service, alcohol treatment programs, or counseling. Those convicted of a DUI frequently lose their driving privileges for a time. If your actions caused financial losses for the victim, you may also be ordered to pay restitution. The outcome of your case will depend considerably on the circumstances involved and the strength of your defense.
How Might a First-Time Misdemeanor Charge Differ From Subsequent Charges?
For many people charged with a misdemeanor, it is their first time running afoul of the law, and it is a frightening and stressful experience. Although even a first-time charge can result in a harsh sentence, judges are often more disposed to show leniency to an individual without a prior record. However, to obtain a lesser sentence, the defendant may need to complete required courses or community service and stay law-abiding for a designated period.
In contrast, habitual misdemeanor offenders usually face penalties on the higher end of the spectrum. Florida Statute § 775.0837 defines a habitual offender as someone convicted of four or more qualifying misdemeanors within the prior year. Upon their next misdemeanor conviction, these defendants may be subject to increased jail time, a six-month to one-year commitment to a residential treatment facility, or supervised house arrest for six months to a year.
In some cases, a misdemeanor charge may be reclassified as a felony if the defendant has previously been convicted of certain misdemeanors. If you have a criminal record, it is crucial to consult with a knowledgeable Lakeland misdemeanor defense attorney to understand the possible consequences of a conviction and formulate a viable defense strategy to protect your future.
How Can a Skilled Defense Attorney Assist You?
Whether you are facing a misdemeanor charge for the first time or have a criminal record, seeking experienced legal counsel for your case is vital. Contrary to most people’s perceptions, a misdemeanor conviction can cause significant issues in your life now and in the future. All criminal charges should be taken seriously, and exploring your legal options with a skilled lawyer is the first step to mitigating their potential impact. With the guidance of a defense lawyer, you may be able to receive withheld adjudication, seek a reduced sentence, or get the charges dropped altogether. Contact DeMichael Law today at 863-216-1831 to schedule a free case evaluation to learn more.
