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Lakeland Felony Defense Lawyer

Defending Our Clients Against The Most Serious Felony Charges

Facing any criminal charge is an overwhelming and stressful event. Even if a conviction does not land you in jail, a criminal record can follow for you a lifetime. A felony conviction can make it challenging to obtain gainful employment, find suitable housing, or legally own or possess firearms.

Unfortunately, a criminal conviction could be the least of your worries when facing felony charges. If you are convicted of a felony, you could be sentenced to over a year in prison and be forced to pay thousands of dollars in fines. Due to the potentially severe consequences of a conviction, you must speak with a felony defense lawyer in Lakeland who can fight to protect your future.

At DeMichael Law, we have seen the detrimental consequences of Florida criminal convictions. Our state prides itself on being tough on crime. However, this tough stance can easily lead to unfair outcomes, especially for clients who lack legal representation.

If you have been charged with a felony, you need to hire a skilled attorney to provide you with a solid legal defense. When you come to our Lakeland, FL, law firm for help, you gain the advantage of having an experienced criminal defense attorney on your side who is committed to protecting your rights and freedom. Contact our Lakeland felony defense attorney today to schedule a free consultation so that we may professionally assess your case.

What are the Legal Advantages of Hiring a Lakeland Criminal Defense Attorney?

If you have been arrested on felony charges, you have most likely been told by someone you know to hire a lawyer. You have probably considered having legal representation but may think it is unaffordable. Many defendants consider trying to have the court appoint them a public defender to minimize costs. However, before the court will appoint a public defender, you must meet specific income qualifications. Additionally, Polk County public defenders typically have enormous caseloads that prevent them from taking time to create innovative defense strategies for their client’s needs.

One of the best ways to protect yourself is to hire a Lakeland criminal defense attorney who can devote the time and energy needed to build a solid case to fight the charges. Some of the most significant legal advantages of hiring an attorney include:

  • Explain and guide you through the criminal justice process
  • Professionally assess the evidence to determine the strengths and weaknesses of the prosecution’s case
  • Ensure your constitutional rights are not violated
  • Conduct independent investigations to gather evidence that supports your defense case
  • File pretrial motions to try and have evidence excluded or have charges dropped or reduced
  • Negotiate with the prosecutor to try and reach a favorable plea deal
  • If necessary, take your case to trial to obtain a not-guilty verdict

If you have been arrested on felony charges, seeking legal advice from an experienced criminal defense attorney who will fight to protect your legal rights is always best. Contact our Lakeland, Florida, law office today to schedule a meeting with our attorney, who will gladly answer your questions.

Why Should I Ask for a Lawyer if the Police Are Trying to Question Me?

A common tactic that law enforcement officers often use is to try and get defendants to answer questions without a lawyer being present. The police may try to tell you that they only want to try and get some answers for their criminal investigation or give the impression that once all the questions are answered, you will be free to leave.

However, one of the biggest mistakes many individuals make is agreeing to speak with law enforcement officials without their attorney being present. Even if you believe that you are just stating your side of the story, you could make an incriminating statement and face additional charges.

That being the case, it is in your best interest to invoke your right to remain silent and ask for an attorney to be present during questioning. When an attorney is present, they can advise you when to answer questions and prevent you from incriminating yourself. Legal representation while being questioned can also prevent law enforcement officers from violating your rights.

If you have been arrested, cooperate with the police and be courteous but firmly state that you do not wish to answer any questions without having legal representation. Next, contact DeMichael Law to learn more about how we can protect your legal rights. Our felony defense attorney has extensive experience handling various felony criminal law issues and how they can affect clients. We are familiar with the tactics police use to try and get the answers they want and will fight to ensure that you protect yourself during questioning.

What Are the Consequences Of A Felony Conviction In Florida?

People often differentiate misdemeanors from felonies by pointing out that the latter is punishable by more than a year in prison. While a year behind bars sounds harsh, many felony convictions can result in a defendant being sentenced to serve several years, if not decades, in prison.

Florida felony charges and their penalties include:

Capital Felonies

A capital felony conviction could result in the death penalty or life imprisonment without parole. First-degree murder and capital drug trafficking fall into this category.

Life Felonies

A life felony is punishable by a life sentence, but parole is typically a possibility. Trafficking minors, injurious sexual abuse against minors, and other serious crimes fall under the category of life felonies. Defendants convicted of life felonies can also face fines of $15,000.

First-Degree Felonies

First-degree felonies can result in prison sentences of 30 years and fines of $10,000. First-degree arson, home invasion, and aggravated battery against a law enforcement officer fall into the category of first-degree felonies.

Second-Degree Felonies

Second-degree felonies can land a person in prison for 15 years and a fine of up to $10,000. Dealing with stolen property, aggravated battery, and leaving the scene of a fatal accident all qualify.

Third-Degree Felonies

A third-degree felony could result in a sentence of up to five years in prison and a $5,000 fine. Third-degree felonies include stalking, armed trespassing, and firearm theft.

Any felony conviction can have severe consequences. However, depending on habitual offender laws and the case facts, you could face felony enhancements that could result in steeper penalties. Therefore, it is essential to have a felony defense lawyer in Lakeland on your side.

What Criminal Defense Strategies Are Available for Felony Charges?

If you are facing felony criminal charges in Florida, it is important to remember that you are entitled to a legal defense. Various defense strategies can help you avoid conviction or disproportionate penalties.

However, the specific defense strategy for your case will depend upon the felony charges you are facing. Every crime has specific legal elements that the prosecution must prove. To win your case, your criminal defense attorney must demonstrate that these elements do not exist.

Some of the general defense strategies that criminal lawyers use apply to all felony charges and include:

  • Innocence: Your felony defense attorney may argue that you were not involved in the crime you have been accused of committing
  • Alibi: Your attorney may be able to provide evidence that you were not present when the crime occurred
  • Lack of intent: Most felony charges require the prosecution to prove intent, which can be challenging if they lack sufficient evidence
  • Insufficient evidence: Evidentiary issues such as unreliable collection methods, chain of custody problems, and witness credibility can derail the prosecution’s case
  • Constitutional violations: Even if a person is “caught red-handed,” there are certain constitutional issues that may help them avoid conviction
  • Necessity or self-defense: In some instances, your Lakeland felony defense attorney may be able to argue that your actions were necessary or taken in self-defense or defense of others

The best defense strategy will depend entirely upon the specifics of your case. Depending on the circumstance, it may be possible to have charges dropped entirely. In other situations, your attorney may be able to work out a favorable plea agreement that is in your best interest. Of course, there are also instances when fighting a felony case in court may be necessary. Whatever the felony case, our criminal defense law firm is here to help.

Should You Accept A Plea Deal in Felony Cases?

When facing felony charges in Florida, there is a good chance that the prosecution may offer you a plea agreement. Plea deal offers are frequently offered to defendants for first offenses, but even individuals with a criminal record may also be offered a plea deal. If you have been offered a plea deal, accepting the offer may seem like your best option. The prosecution will likely tell you that going to trial will have severe consequences, such as being sentenced to prison if you lose the case.

For instance, perhaps you are accused of a crime that can be charged as a first- or second-degree felony. As discussed above, there is a 15-year difference in the maximum penalty for these two charges. Based on that fact alone, agreeing to a guilty plea for second-degree charges rather than going to trial over first-degree charges may seem like a smart decision. However, this is only sometimes the case.

Plea arrangements are often offered to defendants because the prosecution does not have a strong case. If the prosecution can get you to agree to plead guilty, they can avoid a public trial that may end in a not-guilty verdict. The state attorney’s office wants to clear up criminal cases quickly, so their goal is to get you convicted and through the system as soon as possible. All too often, defendants charged with felony offenses are tempted to take the first offer presented by prosecutors, although they rarely are in their best interests.

For this reason, you should never allow the state’s desire for expediency to make you feel rushed to decide whether to take a plea deal. Instead, it is always best to discuss your criminal case with a Lakeland felony defense lawyer who will thoroughly explain your legal options.

If you want to know more about how plea deals work and how we can help negotiate a favorable outcome for your case, contact DeMichael Law today.

Do Most First-Time-Offenders Receive Probation in Florida?

Many first-time felony offenders ask whether they can receive probation instead of jail or prison. Whether a defendant charged with a felony receives probation will depend on several factors, including the defendant’s prior criminal history, age, and circumstances involved in the case.

In some instances, first-time offenders are placed in pretrial intervention programs. Felony Pre-Trial Intervention (PTI) is a program run by the Florida Department of Corrections that allows first-time offenders the opportunity to avoid a conviction if they complete the course.

Probation and most diversion programs have specific requirements, including mandatory community service, drug testing, and gainful employment.

However, the chances of being placed on probation are significantly decreased if a weapon was used in the crime. Other violent criminal offenses that typically disqualify a defendant for probation or diversion programs may include:

  • Murder or manslaughter
  • Sexual crimes
  • Aggravated assault
  • Robbery
  • Burglary
  • Kidnapping
  • Domestic violence

The state prosecutor may recommend probation or diversion depending on the facts of the case. Suppose the prosecutor argues against probation or diversion. In that case, a defense attorney can argue why the request should be granted, citing the client’s lack of a criminal record and remorse for their actions.

The judge presiding over the case ultimately decides whether to grant a first-time offender probation or allow them to participate in a diversion program. Allow our skilled criminal defense lawyer to review your case to determine available legal options. Our defense attorney is fearless when standing up to prosecutors to help clients obtain alternative sentencing options. Contact our Lakeland, FL, law office so we may review your case to see if your case qualifies for probation or diversion programs and how we can assist you.

Why Should I Choose DeMichael Law to Help Me Fight Felony Charges?

Florida has long prided itself as a “law and order” state. Unfortunately, the criminal justice system does not always get things right. People frequently face false allegations, and many defendants are convicted even if the evidence does not support a conviction. When facing serious felony charges in Florida, it may seem like you lack acceptable legal options. However, an experienced criminal defense attorney may be able to help you protect your freedom and ability to achieve life goals. 

At DeMichael Law, our criminal defense attorney has the dedication and knowledge to help you fight against felony charges. We have seen what can happen when the system mistreats defendants. Unfortunately, many individuals who come in contact with Florida’s criminal justice system do not have solid legal representation. Do not let this happen to you.

DeMichael Law has comprehensive experience helping clients avoid criminal convictions and knows what it takes to get results. Too many attorneys try to push clients into taking plea deals or sentences outside their best interests. When you come to us for help with your legal needs, we thoroughly evaluate the state’s evidence to determine the case’s strengths and weaknesses. We aim to have your charges dismissed or reduced to a misdemeanor.

If you have been charged with a felony offense, you must seek legal advice from a skilled legal professional. Contact our criminal defense law firm today at (863) 216-1831 to schedule a consultation with a Lakeland felony defense lawyer.