Misdemeanor Attorney in Destin, FL

Being charged with a misdemeanor in Destin might not seem like a big deal, but it can have a lasting impact on your life. Whether you are caught driving under the influence on I-98 or were caught with marijuana on your person at Henderson Beach Park, the penalties and stigma behind having a misdemeanor charge on your record can have negative consequences on your life. If you are facing charges, a Destin misdemeanor lawyer can help you.

As a former prosecutor and deputy sheriff, our attorney at Jay Patel Attorney at Law understands the complex Florida legal system. Founded in 2017, our firm has worked with hundreds of clients throughout Destin with a myriad of criminal charges. We work hard to protect our clients’ rights and future goals.

Hire a Destin Beach Misdemeanor Lawyer to defend against minor criminal charges and protect your record

Florida Misdemeanors

Misdemeanors are classified as criminal offenses that are less serious than a felony and carry lighter penalties. Florida law categorizes misdemeanors into two parts, first-degree and second-degree, each with its own penalties.

First-degree misdemeanors include offenses like driving under the influence (DUI), marijuana possession, theft, simple battery, and more. These are the more serious misdemeanor charges and result in heavier penalties, such as up to 1 year in jail at the Okaloosa County Department of Corrections and up to $1,000 in fines.

Second-degree misdemeanors include crimes such as shoplifting (first offense), simple assault, trespassing, driving without a license, or disorderly conduct. Penalties are up to 60 days in the county jail and a fine of up to $500.

If you are a repeat offender and have been charged with misdemeanors in the past, there is a possibility of enhanced penalties. Florida defines habitual offenders as those who have been convicted of four or more misdemeanor charges.

Misdemeanor charges can also elevate into felonies, depending on the victim. If the crime was committed against a vulnerable person, such as a child or the elderly, or involved a protected professional like law enforcement, it can result in a felony charge for the offender.

It is important to understand how Florida treats misdemeanors and how the charges can escalate based on the situation. When you hire a misdemeanor lawyer in Destin, they can review your case and the evidence the prosecution has against you to come up with a defense strategy for your case.

Contact Jay Patel
Criminal Defense Attorney

Jay Patel is a Former Prosecutor and a Former Law Enforcement Officer with the Okaloosa County Sheriff’s Office.

How a Destin Misdemeanor Lawyer Can Help You

Taking proactive steps right away can help your case outcome greatly when you are facing misdemeanor charges in Destin. Early intervention from a Destin misdemeanor attorney can help you understand your options and help you navigate the legal system with peace of mind on what your next steps will be.

A skilled criminal defense attorney can review all of the details of your case, including police reports, records, and witness statements. Armed with that information, they can then develop a defense strategy. Common defenses used for misdemeanor charges are:

  • Lack of criminal intent
  • Alibi
  • Mistaken identity
  • Self-defense or acting in the defense of others
  • Entrapment
  • Necessity
  • Constitutional rights were violated
  • Procedural errors by law enforcement

By pursuing one of the defenses above, lawyers can often negotiate with the prosecutors for reduced sentences or for the case to be dismissed.

For some first-time offenders, a skilled attorney may be able to negotiate them into an alternative sentencing program like the Misdemeanor Intervention Program (MIP). After completion of the program, charges are typically dropped or dismissed.

FAQs

What Is the Most Common Misdemeanor in Florida?

Property crimes such as theft and shoplifting are the most common misdemeanors in Florida. In fiscal year 2023-2024, Florida had 67,802 cases of crimes against property filed in its circuit courts. Theft is tried as a misdemeanor in Florida if the property stolen is under $750. This is also known as petit theft. Charges range from a second-degree misdemeanor if the amount stolen is under $100 or a first-degree misdemeanor if the amount stolen is $100-$749.

How Long Does a Misdemeanor Stay on Your Record in Florida?

When you are convicted of a misdemeanor in Florida, it will stay on your permanent record forever unless you take legal action to have it sealed or expunged. Sealing is the process of making your record confidential. Some government agencies may still access the sealed file, but it would not show on background check services, to private companies, or to landlords. Expungement destroys the original record so that it no longer shows on any database.

How Will My Life Be Impacted by a Misdemeanor Charge?

Misdemeanor charges can have a lasting impact on your life with a lot of collateral consequences outside of jail time or fines. Misdemeanor convictions show on background checks and can impact your ability to find employment, rent housing, or keep professional licensure.

Some misdemeanor convictions can also affect your ability to qualify for government assistance programs like Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and public housing vouchers.

Can I Avoid Going to Trial for a Misdemeanor?

It is very common to avoid a trial altogether when charged with a misdemeanor. According to a report by the American Bar Association, 98% of federal criminal cases end with a plea bargain. A plea bargain is when the defendant agrees to plead guilty or no contest to a lesser charge in exchange for lighter penalties. Misdemeanor charges also avoid the trial process by entering diversion programs instead of having charges dismissed entirely.

Hire a Misdemeanor Lawyer in Destin

Florida law can be complex. When facing misdemeanor charges, it is always a good idea to have the help of someone who understands the law inside and out. As a former prosecutor and deputy sheriff, Jay Patel understands that mistakes can easily be made by law enforcement and prosecutors. That is why it is important to have a skilled Destin misdemeanor lawyer on your team. We are dedicated to making sure that your rights are protected throughout your case.

Contact our team at Jay Patel Attorney at Law to get started today.

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