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Florida MISDEMEANOR LAW

Penalties • Charged • Accused • Convicted

Orlando Criminal Defense Attorney
Florida Misdemeanor Lawyer

Misdemeanor Criminal Defense
In Florida, criminal offenses are classified as infractions, misdemeanors or felonies.

  • Infractions, such as traffic violations, are punishable by a fine and no prison time.
  • Misdemeanor crimes are deemed additional severe than infractions but less severe than felonies, and carry a punishment of less than 1 year in prison and a fine of up to $1,000.
  • Felonies are severe offenses that generally carry a prison sentence (possibly state prison) of one year or additional.
Florida Misdemeanor Law
Misdemeanors are usually charged by a written complaint or information (formal charges without a grand jury). Typically the complaint is mailed to the accused by the prosecutor's office requesting their presence in court at a specified date.

While misdemeanor charges may be deemed minor, being accused and/or arrested or convicted can have devastating lifelong effects.

Misdemeanor examples include:

  • DUI (driving under the influence)/DWI (driving while intoxicated): 1st , 2nd,  or 3rd offense, no injuries
  • Trespass
  • Petty Theft/Shoplifting
  • Disorderly Conduct
  • Obscene Matter
  • Probation Violations
  • Unlicensed Driver
  • Gambling
  • Solicitation of Prostitution
  • Violation of Restraining Orders
  • Reckless Driving
  • Assault and Battery (no or at the very least injury)
  • Domestic Violence

Elevating Misdemeanors to Felonies
If the prosecutor alleges a past similar act, he/she may elevate a simple misdemeanor to a felony with the possibilities of increased prison time and a state prison sentence. Examples of these offenses include:

  • Petty Theft
  • Domestic Violence
  • Violation of a Domestic Violence Order
  • Drunk Driving (DUI/DWI) with 3 pasts in 10 years
  • Indecent Exposure
  • Loaded Firearm in a Public Place
Whether a crime is charged as a misdemeanor or a felony is based upon on the severeness of the crime, injuries to the victim, and the defendant's past criminal record.

Misdemeanor Sentencing: Penalties and Consequences
If a defendant is arrested or convicted of a misdemeanor, either by a plea or a jury trial, the court can impose probation (informal) with or without prison time, community service, physical labor, counseling, restitution (paying the victim), fines ($200 to $2,000), and stay-away orders.

A conviction also results in the person having a permanent criminal record.

The Right Defense Attorney Makes All the Difference
Even in a misdemeanor case, it's significant to have strong criminal defense representation. An experienced, knowledgeable and unmatched attorney will reduce your chances of going to JAIL and in some cases reduce the charges all together.

William H. Bryan III, P.A. specializes in defending those accused of misdemeanors and felonies. His team has an remarkable record of receiveing alternative sentencing and reduced sentences, and expunging records (erasing charges) for their clients.

Frequently Asked Questions

1. Do I need an attorney for a misdemeanor?

Yes! Representing yourself placeds you at a paramount disadvantage, and a misdemeanor conviction results in a criminal record, which can affect your future employability. Most companies don't hire candidates with a criminal background. For the best outcome, please contact a knowledgeable and experienced criminal defense attorney such as William H. Bryan III, P.A..

2. What can I do if I am falsely accused of crime?

Do not attempt to talk your way out of the charges or represent yourself in court! Even innocent individuals end up in prison. Your first step is to secure a knowledgeable and experienced criminal defense attorney who knows his way around the criminal justice system and can talk to the prosecutor and the judge on your behalf.

3. If I intend to plead guilty, why do I need an attorney?

You need an attorney to ensure that your sentence is minimized. An experienced criminal defense attorney may reduce your chances of going to prison by negotiating a better plea and or a reduction of the charges, depending on the offense and your past criminal history.

4. Should I listen to the advice of friends, relatives, or police officers?

Absolutely not! These individuals are not experts and are probably not familiar with the prosecutor or judge handling your case. Each case is different and must be reviewed in its entirety. Only after a thorough analysis by an experienced criminal defense attorney can you have a better idea of how the case can be resolved.

5. Am I facing prison time on a misdemeanor count?

Misdemeanors carry a maximum punishment of 1 year. Your prison time will depend on your previous criminal record, case evidence and proven facts, the victim's attitude toward you, remarkable restitution, and no matter you're on probation. In some cases, prison can be substituted by community service or calTrans (physical labor).

Contact The Law Offices of William H. Bryan III, P.A.
for a free consultation.




If in fact you have been arrested or under investigation for Misdemeanors in Florida, it is significant that you hire an experienced Orlando Misdemeanors criminal defense attorney to represent you. The Law Offices of William H. Bryan III, P.A. will work relentlessly to mount a successful defense to the charges with which you have been charged. As a former Assistant United States Attorney for nearly 10 years, William H. Bryan III is well versed in the strategies and tactics of the prosecution and can predict and anticipate the next move and how to aggressively defend Misdemeanors in the state of Florida. We are a strong defender of our clients' consitutional rights and will do everything in our power to protect and defend them. William H. Bryan III, Esq. is an aggressive Orlando Misdemeanors criminal defense lawyer who will organize and prepare every aspect of your Misdemeanors case up to and including trial.
 
Law Offices of William H. Bryan III, P.A.
The Premiere Trade Plaza
189 South Orange Avenue
Suite 1800
Orlando, Florida 32801
Email Us: attorney@williambryanlaw.com

Telephone
(407) 401-9565
(Available 24/7) Se Habla Espanol
 
Copyright © 2005-08 The Law Offices of William H.Bryan III, P.A. All rights reserved.
 
The Law offices of William H. Bryan III represents individuals accused of Misdemeanors in Florida including Orlando, Kissimmee, Tampa, Jacksonville, Fort Myers in the following counties: Orange County, Broward County, Putnam County, Osceola County, Seminole County, Volusia County, Brevard County and Palm Beach County.