Florida Felony Defense Lawyer

The two most distinguishing features of Felony crimes in Florida is the severity of the crime against another person and the long sentences that follow a conviction for a felony – whether the conviction was obtained by plea or through trial.

The basic definition of a felony is a crime with a sentence that may include over a year in jail or State Prison. A misdemeanor, on the other hand, is also a crime but the jail sentence period is under a year.

As Florida Felony Defense Lawyers, we represent individuals charged with Felony crimes by exploring the viability of any felony defenses, negotiating a resolution to reduce or lessen the charges or by exploring ways in which a felony charge can be dismissed because of any constitutional or other legal violations.

Particularly if the crime involves a sentence of life in prison or the death penalty, it is important to seek legal representation as soon as practicable by one of our Florida Felony Defense Lawyers to preserve evidence and conduct timely investigations.

Building a Defense

When we take on a criminal case for a Client, our immediate goal is to get the charge Dismissed. We investigate the circumstances, review the Prosecution’s evidence, and look for weaknesses in the State’s case. Depending on what we find, we may bring Motions to Suppress evidence or to Dismiss a case for lack of evidence.

Police conduct or misconduct can provide grounds for dismissal or suppression of evidence. For example, if the police conducted an illegal stop or search, anything they found cannot be considered as evidence against you. Similarly, if police unintentionally mishandled evidence subsequent to your arrest, the evidence could be excluded even if the police were acting within their rights when they seized it.

When there are insufficient grounds to obtain a Dismissal, we focus on building a persuasive defense. Double jeopardy is a defense guaranteed by the Constitution of the United States and ensures a person cannot be tried twice for the same crime, once a conviction or acquittal is reached.

Florida State law also recognizes other Criminal Defenses to a Felony charges. Some common Criminal Defenses to Felony charges in Florida include:

• Duress (a person was forced to act in a certain way under threat of serious bodily harm or death)
• Entrapment (a person committed the crime under direction of law enforcement as part of scheme or sting)
• Infancy (person under the age of criminal responsibility)
• Lack of Capacity (a person lacked control over their actions due to altered state, mental disability or delusion – i.e. under the influence of a prescribed drug or sleepwalking)
• Mistake of Fact (a person was not aware of a fact would cause illegal action)
• Necessity or Duress (immediate danger or emergency which threatens significant harm not caused by the Defendant and no other means to avoid the danger or emergency); and
• Self-defense (deadly force may be used if a person fears serious bodily harm or death)

Felony Crimes in Florida

Felonies always carry a potential sentence of more than a year of incarceration. Within the felony category, Florida classifies crimes according to their seriousness, and penalties are imposed accordingly. Numerous factors can influence the specific charge and the sentence, so it is essential to work with one of our skilled Attorneys.

There are five degrees of felonies. A Third-Degree Felony is the least serious, but still can result in a substantial prison sentence. A Second-Degree Felony conviction can trigger a prison sentence of up to 15 years. Offenders convicted of a First-Degree Felony face up to 25 years in prison.

Life Felonies carry a potential sentence of life in prison. Sexual battery on a child under 12, kidnapping, and first-degree murder are all life felonies. Murder during a drug crime, murder of a child, and murder of a police officer are examples of Capital Felonies, which carry the potential for the death penalty.

The following is a list of offenses that may warrant contact with a Florida Felony Defense Attorney:

• Assault (including aggravated assault);
• Battery (including aggravated battery, battery on a police officer and felony battery);
• Burglary
• Child Abuse
• Drug Possession
• Felony DUI
• Grand Theft
• Domestic Violence
• Homicide or Murder
• Kidnapping
• Resisting arrest with violence
• Robbery, and
• Sex Crimes (including rape, sexual battery, lewd acts, and molestation).

Many of these crimes involve violence against a person and can potentially lead to the death of the victim. A person can be charged with one or more Felony crimes depending on the circumstances of the case and the extent of any injury to victims.

How Do Judges Determine Sentencing?

Florida Statutes § 775.082 suggests a sentencing range for each class of Felony. In addition, there are mitigating and aggravating factors that a Judge could consider when imposing a criminal sentence. These are factored into the Criminal Punishment Code Worksheet found at Florida Statutes §921.0024.

The Judge first considers the seriousness of the crime. The degree of the Felony determines the possible sentencing range. The Judge then reviews the accused’s criminal history, whether other offenses were committed at the same time, and any other relevant aggravating or mitigating factors to determine the actual sentence the offender should receive.

The calculations can be complex. Speak with our experienced Florida criminal Attorneys who can evaluate the factors that might influence a Felony sentence in your specific case.

A Criminal Record Leads to Collateral Consequences

A Felony conviction can lead to a prison term, probation, and other consequences within the penal system. However, the conviction will impact your life long after you have completed your sentence.

A person with a Felony conviction cannot own or possess firearms in Florida. A Felony conviction can limit your employment and educational opportunities and prevent you from obtaining or retaining a professional license. If you are not a citizen, a conviction endangers your immigration status.

Our Florida defense attorneys understand the lifelong consequences of a Felony conviction. As former Prosecutors, we also understand how to navigate the criminal justice system and obtain the most favorable results possible in the circumstances. We will put all our knowledge and experience to work to resolve a Felony charge without a conviction whenever possible.

Consult with a Florida Felony Defense Attorney Today

If you have been charged with a Felony offense in Florida, contact a Florida Felony Defense Lawyer.

Felony crimes are serious and can carry long Prison sentences following a conviction after plea or sentence. If you or a loved one has been arrested or are under investigation for a Felony crime in Florida, contact one of our Florida Felony Defense Lawyers today to schedule an immediate review of your case.

Many of these cases require extensive investigation and cannot be resolved at the plea stage. An experienced Felony trial Attorney will narrow the issues with motions to exclude witnesses or evidence in an effort to bring the case to a successful resolution and try the case if a plea cannot be reached.