Criminal Misdemeanor & Felony
If you’ve been charged with a crime in the State of Florida, you need to seek the advice of experienced criminal defense attorneys before it’s too late.
Aggravated assault is an assault that meets at least one of these specifications:
- It is committed with a deadly weapon but is not with the intention of causing death
- It is committed while intending to commit a felony
Under Florida statutes, “assault with a deadly weapon“ falls under this category. This offense is a third-degree felony punishable by a maximum prison sentence of 5 years.
Aggravated battery occurs when, while in the act of committing battery, a person
- uses a deadly weapon
- causes permanent disfigurement or disability, or great bodily harm with knowledge and intent
If a victim of battery is pregnant and the offender either had knowledge or should have had knowledge the victim was pregnant, the offender will instead be charged with aggravated battery.
This offense is a second-degree felony punishable by a maximum prison sentence of 15 years.
Assault is the unlawful and intentional threat (by either act or word) to commit violence against another person, along with the perceived ability to follow through on the threat, and committing some act as to produce a well-founded fear of imminent violence in the other person. Therefore it is not necessary for a person to actually touch another person in order for assault to have taken place.
This offense is a second-degree misdemeanor punishable by a maximum prison sentence of 60 days.
Assault or Battery on Law Enforcement Officer
Punishments for committing assault or battery against law enforcement officers are generally more severe than those placed upon offenders found guilty of charges against civilians.
Please see “Assault” and “Battery” on this page for more information on the individual offenses.
Battery can be defined as a successful intentional strike or touch against another person and against the will of that person, or causing intentional bodily harm against another person. Unintentional harm, regardless of degree, does not qualify as battery.
If damage is involved, battery is also a civil matter in addition to a criminal matter.
Battery is a first-degree misdemeanor punishable by a maximum prison sentence of 1 year.
Child neglect occurs when, through act or omission, a child is:
- deprived of necessary shelter, medical treatment, food, and/or clothing
- allowed to live in an environment where the child’s mental, emotional, and/or physical health becomes (or poses the threat of becoming) impaired significantly.
Commonly known as “cybercrime,” these types of offenses include (but are not limited to):
- Identity Theft
- Transaction Fraud
Behaviors or actions that are disturbing to others. Criminal offenses that are considered disorderly conduct include (but are not limited to) loitering, disturbing the peace, public drunkenness, and even loud parties.
Dominating and/or harmful behavior enacted by one partner in a relationship against the other. Common examples of domestic abuse include sexual assault and physical violence, but can include emotional abuse and intimidation. Domestic abuse can take place against women or men, regardless of the partners’ marital status or living arrangement.
Expunging and Sealing Criminal Records
Failure to Appear
False imprisonment occurs when one person restrains, confines, abducts, or imprisons another (by threat, force, or in secret) against their will and without legal authority.
If the confinement of a child under 13 years of age is without the consent of the child’s parent or legal guardian, it qualifies as false imprisonment under Florida Statute 787.02.
Similar to false imprisonment, kidnapping occurs when one person restrains, confines, abducts, or imprisons another (by threat, force, or in secret) against their will and without legal authority, but also with the intention of:
- holding the other person for the purposes of receiving a ransom or reward, or as a hostage or as a human shield
- interfering with any type of political or governmental function
- terrorizing or inflicting bodily harm upon either the victim or another party
- committing ( or facilitating) a felony
This offense is a felony of the first degree, and is punishable by a term of life imprisonment. Punishment may be more severe if the victim is under 13 years of age.
Obstruction of Justice
The crime of intentionally impeding the processes of the judicial system through such acts including (but not limited to) destroying evidence, threatening witnesses, falsifying documents, and interfering in the duties of law enforcement officers.
A first offense conviction for prostitution is a misdemeanor of the second degree, punishable by 60 days in jail and a fine of no more than $500. A second offense for prostitution is a first-degree misdemeanor, and is punishable by 1 year in jail and a fine of no more than $1,000. Third and subsequent offenses are punishable as third-degree felonies, punishable with imprisonment for up to 5 years and fines of up to $5,000.
Resisting Arrest (with or without violence)
The penalties for resisting arrest vary considerably depending on whether or not violence is involved. A conviction for resisting arrest without violence is punishable as a misdemeanor of the first degree, with imprisonment of up to 1 year (or 12 months of probation) and a fine of $1,000.
However, resisting arrest with violence carries a much more severe penalty. Punishable as a felony of the third degree, penalties for resisting arrest with violence include imprisonment for up to 5 years (or 5 years of probation) and a fine of $5,000.
The criminal act of encouraging or enticing a person to commit a crime, solicitation is a separate offense from committing the crime itself. A common example is that of a prostitute who offers their services to a passerby. The offer itself is solicitation, whether the passerby agrees to become a participant in a subsequent offense of prostitution or not.
In order for a person to commit trespassing, they must either willfully enter or remain on property without having any type of invitation or authorization, or remain on or return to property after permission have been rescinded. There are four different types of trespassing charges:
- Trespass on Property
- Trespass in Structure
- Trespass on School Grounds
- Trespass in a Conveyance
Even if a person is invited into a home or onto property, if that person refuses to leave once requested to leave, that person could be charged with trespassing.
Violation of Injunction
Violation of Probation
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