Fort Walton Beach Misdemeanor Lawyer

Misdemeanor Attorney in Fort Walton Beach, FL

If you are facing misdemeanor charges in Fort Walton Beach, you need to take them seriously. These allegations can arise from a misunderstanding at a store along Mary Esther Boulevard. They could also stem from a driving incident on Wright Parkway NW after a night out with friends. While most misdemeanor charges are not as severe as felony charges, the consequences can still harm your future. A Fort Walton Beach misdemeanor lawyer can build a defense to keep you from suffering those consequences.

Why Hire a Misdemeanor Lawyer From Jay Patel Attorney at Law?

If you are facing misdemeanor charges in Fort Walton Beach, you need to hire a defense attorney. When you need a legal advocate, you can trust Jay Patel Attorney at Law. Since the firm was founded in 2017, we have been working hard to protect the rights of Floridians against a vast number of different charges. Led by a former prosecutor and deputy sheriff, our team understands the local legal system, so we can offer you a crucial advantage in your case.

Benefits of Hiring a Fort Walton Beach Lawyer for a State Misdemeanor Charge

In Florida, crimes can either be classified as misdemeanors or felonies. If you think a misdemeanor charge is of little to no consequence, you are very mistaken. While felonies are considered more severe, misdemeanor charges can be serious.

If you are charged with either a misdemeanor or a felony, you need an attorney by your side immediately.

• Why are some crimes designated as felonies and others as misdemeanors?
• What are the penalties in Florida that courts may impose on these types of crimes?
• What are your rights if charged with either type of crime?

Like many states, Fort Walton Beach, Florida distinguishes misdemeanors from felonies based on maximum fines and jail time. Misdemeanors are less serious crimes that could result in spending up to a year in jail.

Crimes that are more serious and can result in more than a year spent in jail, up to your natural lifetime or even for the death penalty, are classified as felonies.

Misdemeanors and How They are Classified

Misdemeanors have two categories, first-degree and second-degree. Below we explain the differences of each along with the possible sentence.

• First-degree misdemeanors are punishable, if convicted, with up to one year in jail, twelve months’ probation, or a combination of jail and probation, and a fine up to $1,000. Examples include violating a restraining order, cyberstalking, or battery.
• Second-degree misdemeanors are punishable, if convicted, with up to sixty days in jail, six-month probation, or a combination of jail and probation, and a fine up to $500. Examples include petit theft (less than $100), disorderly intoxication, or assault.
• Repeat misdemeanors: For those who charged with multiple misdemeanors, there is the possibility of enhanced penalties. Anyone convicted of a fourth or subsequent misdemeanor are habitual offenders. They face a minimum of six months in jail or residential treatment.
• Victims: Victims can often be overlooked in a serious crime. Committing specific crimes against vulnerable people (children or the elderly), or protected professionals, can land a misdemeanor offender with a felony charge. Assault or battery against a police officer, or emergency health care provider can push a misdemeanor charge to a felony charge.

There is a statute of limitations to bringing misdemeanor charges. That period begins when the crime is committed. First-degree misdemeanors have a two-year statute of limitations, and second-degree misdemeanors have one year.

The following misdemeanors in Florida include, but a not limited to:

• Domestic Violence
• Criminal Mischief
• Trespassing
• Shoplifting
• Petit Theft
• Battery
• Disorderly Conduct
• Driving With a Suspended License
• Driving Under the Influence (DUI)
• Possession of less than 20 grams of marijuana
• Possession of alcohol by a minor

It is essential to understand that if you are charged with a misdemeanor, you need the help of an attorney for misdemeanors as soon as possible. Be cautious if you try to beat your charge on your own. There are too many legalities you will not be familiar with, and you need an experienced attorney to guide you through to success.

Misdemeanor Sentencing in Florida

When sentencing misdemeanors, judges have broad discretion but sanctions need to be reasonably related to the charge. Jail time is often reserved for repeat offenders, and often first-time offenders will receive a lesser sentence. The Court will consider all aspects of the crime, including damages caused or injuries to victims, as well as the offender’s past criminal history. Often, addiction or mental health issues present problems that can be at the root of the problem.

Jail Sentences: Judges can impose any jail term up to the maximum allowed by law. They can also order a jail followed by probation or allow a defendant to serve jail time on weekends during probation. Some charges require a minimum mandatory jail sentence.

Right to Bear Arms: Certain dispositions in Domestic Violence cases can lead to massive infringement on your 2nd Amendment right. Not only will you not be able to own or possess a firearm during probation, but you may be subject to limitations on owning, purchasing, and possessing firearms well after the case is over. Federal law changes in this area so it is wise to speak to an attorney if charged with a domestic crime.

License Suspensions: Certain Driving and Drug offenses carry driver’s license suspensions. Additionally, failure to pay court costs causes suspensions as well. For many, failure to pay court costs can lead to a suspension black hole. Fortunately, the Courts have opened programs such as Project Green Light and other avenues to assist those that have suspensions to get back behind the wheel.

Misdemeanor Probation: Defendants can serve all or part of their sentence supervised in the community. This type of supervision can be six months to one year depending on the type of crime.

Problem-Solving Courts: A defendant may qualify for such a court if addiction, mental health, or military service-related issues contributed to their crime.

How a Misdemeanor Charge Can Impact Your Life

While many individuals facing misdemeanor charges can expect to deal with misdemeanor penalties, like jail time or fines, if convicted, there are also several unique ways that these charges can affect your personal life. In Florida, certain misdemeanor crimes, like domestic violence, can result in you losing your right to own and bear a firearm. If you are not a legal U.S. citizen (around 22% of Florida’s population are immigrants), a misdemeanor charge could affect your immigration status.

Additionally, a misdemeanor can impact your opportunities for new employment or housing. If you have been convicted of a DUI or reckless driving, you may have your driver’s license revoked or suspended.

For all these reasons, hiring a Fort Walton Beach misdemeanor attorney is crucial. Your future and freedoms are in danger, so don’t leave your fate up to chance. Jay Patel Attorney at Law can build a strong and compelling defense using Florida’s misdemeanor laws.

FAQs

What Can Be Considered a Property Crime in Fort Walton Beach?

Property crimes are any offenses against property belonging to another. Specific crimes include vandalism, theft, certain types of trespassing, and arson. If you have been accused of a property crime in Fort Walton Beach, you need to seek a lawyer’s representation right away. Currently, the area boasts a property crime rate of 16.44 crimes committed for every 1,000 residents.

What Counts as Disorderly Conduct?

Disorderly conduct can result from a wide range of different situations. It can include fighting, engaging in behavior that disrupts the peace, or making loud and unnecessary noises. These charges may also lead to hefty fines or jail time, so you should hire a misdemeanor defense lawyer who can instill reasonable doubt or argue for the dismissal of the case.

Can I Avoid Going to Trial for a Misdemeanor?

Yes, you could avoid going to trial for a misdemeanor crime in Fort Walton Beach, especially if your attorney has the skill necessary to negotiate with the prosecutor and secure a plea agreement. They might even get your charges dismissed altogether. Charges may be dismissed on grounds of constitutional rights violations, lack of sufficient evidence, or prosecutorial misconduct.

What Are Some Common Defenses Against a Misdemeanor Charge?

There are several different defense strategies your attorney can use for a misdemeanor charge in Fort Walton Beach, depending on the nature of the crime itself. These include:

• Stand Your Ground Hearings by acting in self-defense or in the defense of others.
• You have suffered a mistaken identity.
• You are the victim of false allegations.
• You have an alibi.

You Need an Experienced Lawyer for Misdemeanors in Fort Walton Beach, FL

There are so many aspects to the law in Florida, it is never a good idea to go it alone. Even for a misdemeanor, partner with someone who knows Florida law inside and out. Mistakes are made all the time by prosecutors, lawyers, and judges. Let an experienced attorney take control of your legalities.

This is why it is of the utmost importance to have a good Fort Walton Beach attorney for misdemeanors working for you. A misdemeanor is a criminal offense and there can be severe legal consequences to being convicted for these crimes long after the case is over.

Not all lawyers for misdemeanors are alike. You need a lawyer who knows the law concerning DUI, sex crime abuse, domestic violence, and juvenile defense. Only an attorney with experience and expertise in these areas can help you navigate the criminal justice system and obtain the best possible outcome for your circumstances. Contact Jay Patel today and find out more.