A misdemeanor is not a small problem just because it is not a felony. A Daytona Beach misdemeanor lawyer can protect you from a conviction that follows you for years on job, housing, and licensing applications. We defend people charged with misdemeanors throughout Volusia County from our Daytona Beach office, working to keep a temporary mistake from becoming a permanent record.
Call our Daytona Beach office at 386-763-2092 for a free, confidential consultation.
Do You Actually Need a Lawyer for a Misdemeanor Charge?
Yes, in most cases. A misdemeanor conviction creates a criminal record that does not disappear on its own, and prosecutors do not reduce or drop charges just because the offense seems minor. A defense attorney can pursue outcomes a person representing themselves usually cannot.
Those outcomes include dismissal, reduction to a lesser charge, and admission to a pretrial diversion program that avoids a conviction entirely. We evaluate which of these is realistic based on the charge, the evidence, and your record before recommending a strategy.
To consult with an experienced criminal misdemeanor & felony lawyer serving Daytona Beach
(855) 780-9986
What Are the Penalties for a Misdemeanor in Volusia County?
Florida divides misdemeanors into two degrees, with sentencing guidelines established under Florida Statute § 775.082.
- First-Degree Misdemeanor: Carries a penalty of up to one year in a county jail and a fine of up to $1,000, as authorized by Florida Statute § 775.083.
- Second-Degree Misdemeanor: Carries a penalty of up to 60 days in jail and a fine of up to $500.
Common first-degree misdemeanors include simple battery, first-offense DUI, petit theft (over $100), and possession of drug paraphernalia. Second-degree misdemeanors include simple assault, disorderly conduct, and trespassing. Beyond jail and fines, a conviction can bring probation, mandatory classes, and a permanent criminal record. We work to minimize or avoid these consequences.
How Fast Does a Misdemeanor Case Move in Florida?
Faster than most people expect. Florida’s speedy trial rule requires the state to bring a misdemeanor case to trial within 90 days of arrest, compared to 175 days for a felony. That short window shapes the entire defense.
Here is how a typical Volusia County misdemeanor case moves:
| Stage | What Happens |
| Arrest or citation | A charge is initiated; you may be booked or given a notice to appear |
| Arraignment | You are formally advised of the charge and may enter a plea |
| Pretrial hearings | Defense files motions, reviews evidence, negotiates with the prosecutor |
| Resolution | Case is dismissed, diverted, pleaded, or set for trial within the speedy-trial window |
Because the timeline is short, getting an attorney involved early matters. We use that window to review evidence, file motions, and pursue diversion or reduction before a trial date arrives.
Daytona Beach Criminal Misdemeanor & Felony Lawyer Near Me
(855) 780-9986
Can a Misdemeanor Be Reduced or Dismissed in Volusia County?
Often, yes. Depending on the charge and your record, a misdemeanor may be dismissed, reduced to a lesser offense, or resolved through pretrial diversion that results in no conviction.
Volusia County’s pretrial diversion program, overseen through the 7th Judicial Circuit under Florida Statutes Section 948.08, is available for many first offenses and certain nonviolent charges. The program has a strong track record: county pretrial services have reported high compliance rates and low re-arrest rates among participants.
Completing the program, which may involve classes, community service, or fees, can lead to the charge being dropped. We assess diversion eligibility and advocate for your admission.
Will a Misdemeanor Stay on My Record in Florida?
A misdemeanor conviction stays on your record permanently unless you qualify to have it sealed or expunged. That record appears on most background checks run by employers, landlords, and licensing boards.
Florida allows sealing or expungement in certain cases, particularly when charges were dropped, dismissed, or resolved through diversion without a conviction. The Florida Department of Law Enforcement (FDLE) administers the process, and its eligibility requirements are published at fdle.state.fl.us. Because eligibility is limited, avoiding a conviction in the first place is the strongest protection for your record.
Call 386-763-2092 or contact us online to discuss your charge.
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Ready to Talk to a Daytona Beach Misdemeanor Attorney?
A misdemeanor charge is easier to resolve favorably early, before a rushed guilty plea creates a record you cannot undo. With Florida’s 90-day speedy trial clock running, the sooner an attorney reviews your charge, the more options remain open.
We defend misdemeanor charges in Daytona Beach, Ormond Beach, Port Orange, New Smyrna Beach, DeLand, and throughout Volusia County from our office at 1616 Concierge Blvd, Suite 200.
Bogin Munns & Munns also handles DUI defense, drug charges, assault and battery, juvenile crime, and felony defense from 11 offices across Central Florida.
Call 386-763-2092 or contact our Daytona Beach office online for a free misdemeanor consultation.
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