An arrest and subsequent charge for any number of crimes could throw your life into chaos. The criminal process can be confusing—and sometimes contradictory. You could rely on the help of an experienced Palm Beach Gardens criminal Lawyer throughout the duration of your case. An established criminal Attorney may be able to fight hard to defend you and protect your rights in Court. You can call a Palm Beach Gardens criminal lawyer to discuss your case in more detail and ask any more questions you might have.
Following an Arrest
The criminal process usually begins with an arrest, though sometimes it begins with an investigation into a person’s actions. After an arrest, the police will book—or begin officially processing—the person suspected of a crime. In some cases, the arrested person may be able to post bail within a day. Those unable to post bail will make a first appearance in Court.
This appearance is an advisory hearing and is when the Judge will notify the individual of their criminal charges. Several court hearings will follow the advisory hearing, including arraignment, where the defendant can enter their plea.
Criminal Misdemeanors vs. Criminal Felonies
The law classifies crimes as either misdemeanors or felonies. Misdemeanors are less serious than felonies, which means someone facing a misdemeanor offense may have lesser penalties than someone facing felony charges. Both misdemeanors and felonies have different degrees indicating the severity of the crime.
As a Palm Beach Gardens criminal Attorney has seen, the circumstances of each individual criminal act or scenario will determine whether someone faces a misdemeanor or a felony charge. For example, if police arrest someone for drug possession, the amount and type of substance they allegedly possessed will likely determine what charges they face.
Examples of the Types of Criminal Cases
DUI
Driving under the influence, or DUI, is treated as a serious criminal matter under Florida law. If a person faces a DUI charge, it will not matter if they claim they felt sober enough to drive or that they only drove a short distance to get home. The accused’s blood alcohol content, or BAC, determines whether or not they were legally allowed to be on the road. In Florida, a BAC of 0.08% or higher will result in a DUI charge. Even if this is the first offense for the accused, the penalties can include one year of probation, 50 hours of community service, and 10 days of vehicle impoundment. Second and third offenses carry even steeper penalties, including jail time and license revocation.
Vandalism and Criminal Mischief
Criminal mischief has a somewhat misleading name. It may sound minor, but being charged with it can lead to major consequences. Under Florida law, criminal mischief means the intentional and malicious destruction of or damage to another’s property. This can include graffiti or other forms of vandalism. How it is charged depends on the extent of the damage. If the cost of damage is $200 or less, it is classified as a second-degree misdemeanor. Damage between $200 and $1,000 would lead to charges under a first-degree misdemeanor. However, damage that costs over $1,000 would have the accused facing a third-degree felony charge and life-changing consequences, including serious jail time and steeper fines.
Theft
Florida law covers many different types of theft. As in other states, the thresholds and penalties for each category depend on many factors, including the value of what was stolen, the type of property or services that were taken, and other relevant circumstances like repeat offenses or the location and type of the property. If a person is accused of theft, they need the expertise of a Palm Beach Gardens criminal lawyer to help them deal with the serious charges that can accompany this.
The lowest level theft offense in Florida is called petit theft, not petty theft, as in some other states. Petit theft of the second degree, which is a second-degree misdemeanor, applies if the property stolen is worth less than $100. However, if the property is worth more than $100 but less than $750, it becomes first-degree petit theft and a first-degree misdemeanor. This is a critical distinction, as a person convicted of a second-degree misdemeanor faces up to 60 days in jail and a $500 fine, but a conviction for a first-degree misdemeanor can land someone in jail for up to a year, plus a $1,000 fine.
The next level of theft is called grand theft. Grand theft of the third degree becomes a felony offense and can cover a wide range of categories under Florida law. It applies if the items taken are valued at at least $750 but less than $20,000. However, it can also apply to thefts involving items valued at as little as $100 if they were taken from or around a person’s home. Other types of property include firearms, stop signs, property from a construction site, a motor vehicle, any commercially farmed animal, more than 2,000 pieces of citrus fruit, or any amount of drugs. Convictions for third-degree felonies can result in five years in prison and fines up to $5,000.
A person who stole property valued between $20,000 and $100,000 could be charged with grand theft of the second degree. However, a person could also be charged with this for theft of property valued as low as $5,000 if the theft took place during looting or rioting. If the property was emergency medical or law enforcement equipment, the threshold is even lower; the property only has to be valued at $300 or more. Theft of a firearm after a prior conviction for the same offense could also result in a charge of second-degree grand theft. If convicted, the penalties for a second-degree felony grand theft include up to 15 years in prison and a fine of up to $10,000.
Finally, grand theft of the first degree, the most serious level of theft under Florida law, applies to any theft of property valued at $100,000 or more. It also applies to any grand theft where a motor vehicle is used as an instrument of the crime or that causes more than $1,000 worth of damage to real or personal property, or to any case of grand theft of the second degree that occurs during a declared state of emergency or riot. These charges can result in a first-degree felony conviction, which carries a sentence of up to 30 years in prison and a $10,000 fine.
What Are the Potential Penalties for Conviction?
Any conviction for any kind or level of crime may result in criminal penalties. The exact criminal charge will determine the type and severity of penalties someone faces. These penalties vary widely, depending on whether the crime was a misdemeanor or a felony.
Depending on the charge, someone could face:
- A jail or prison sentence
- Steep Fines
- Community service
- Mandatory completion of drug or alcohol education courses
- Probation
Likelihood of Dismissing or Reducing Criminal Charges
The Prosecutor will ultimately decide whether to reduce or dismiss charges, but a person’s Attorney may be able to present evidence showing the charges are unwarranted. In some cases, a defense Attorney can make a plea agreement with the Prosecutor in exchange for lesser charges.
However, these plea agreements are highly dependent on the circumstances of the case and the skill of your attorney. If you are facing criminal charges, call a Palm Beach Gardens criminal Lawyer a Palm Beach Gardens criminal Lawyer right away. Each criminal case is different, and you may need an attorney who could tailor a legal defense unique to your circumstances.
