Miami Misdemeanor Defense Attorney

Lawyer Defending Against Misdemeanor Charges in Miami

Criminal offenses will usually be classified as either misdemeanors or felonies. While misdemeanors are usually considered to be less serious offenses, they can still carry consequences that extend beyond the jail sentences and fines that may be imposed. A misdemeanor conviction will create a criminal record that will appear on background checks, affect a person's employment opportunities and other areas of their life.

Many people make the mistake of treating misdemeanor charges as minor offenses, and they may plead guilty without understanding the lasting implications of a conviction. Others may underestimate the aggressive tactics used by prosecutors in these cases. Regardless of the severity of criminal charges, legal representation from an attorney is essential. Stroleny Law: Criminal Defense Attorney works to achieve outcomes that will protect clients' records, preserve their opportunities, and minimize disruptions to their lives.

Understanding Misdemeanor Charges

In Florida, misdemeanors are divided into two categories based on the severity of the alleged offenses. Second-degree misdemeanors generally represent the least serious criminal offenses, and they carry maximum penalties of 60 days in county jail and fines up to $500. First-degree misdemeanors will usually involve more serious conduct, and they carry maximum sentences of one year in jail and fines reaching $1,000.

The distinction between misdemeanors and felonies can be critical. Felony convictions will result in state prison sentences that will usually last for at least one year, a permanent loss of civil rights such as the ability to own guns, and more significant barriers affecting issues like employment and housing. Misdemeanor convictions are still serious, but the collateral consequences of a conviction may be less severe.

However, this does not mean misdemeanors should be taken lightly. Criminal records from misdemeanor convictions will appear on background checks conducted by employers, landlords, and professional licensing boards. Many jobs require clean records, or they may exclude people with certain types of misdemeanor convictions.

Misdemeanor Offenses

• Driving Under the Influence (DUI): In many cases, a first offense of intoxicated driving without aggravating factors will be prosecuted as a misdemeanor, and a conviction may lead to a sentence of up to six months in jail. A conviction will usually lead to license suspension, fines, probation, and other penalties. Professional drivers may face career-ending consequences when they are convicted on DUI charges.
• Petit Theft: Many cases involving accusations of shoplifting or theft of property worth less than $750 will result in misdemeanor charges. Theft convictions can lead to long-term employment barriers, because employers will often view theft as a sign of dishonesty.
• Assault: Threats of violence can lead to misdemeanor charges, even if no physical contact was made. These cases often involve disputes where words or gestures are interpreted as threatening.
• Battery: Making physical contact with someone against their will could lead to misdemeanor charges, even if no injuries occurred. These charges may be based on actions taken in bar fights, domestic disputes, or confrontations that involved physical contact.
• Marijuana Possession: In cases involving less than 20 grams of cannabis, drug possession may be classified as a first-degree misdemeanor. Possession of other controlled substances or more than 20 grams of marijuana may lead to felony charges.
• Disorderly Conduct: Under Florida Statutes § 877.03, actions such as fighting, violent behavior, or making excessive noise in public could lead to misdemeanor charges.
• Trespassing: Entering or remaining on someone's property when doing so is prohibited could lead to first-degree misdemeanor charges.
• Stalking: A person who is accused of repeatedly following or harassing someone could be charged with a first-degree misdemeanor. These charges may be based on accusations made during relationship disputes or in other situations where a person allegedly engaged in aggressive or threatening behavior.
• Prostitution/solicitation: Engaging in prostitution or soliciting prostitution may result in misdemeanor charges. Repeated offenses could lead to felony charges.
• Indecent Exposure: A person who is accused of exposing sexual organs in public in a vulgar or indecent manner could face first-degree misdemeanor charges.
• Criminal Mischief: Willfully damaging property belonging to others may lead to either first-degree or second-degree misdemeanor charges, depending on the value of property that was allegedly damaged.
• Resisting Arrest: If a person is accused of obstructing a police officer or refusing to comply while being arrested, but the offense did not involve the use of violence, they could be charged with a first-degree misdemeanor. This charge may be added to other criminal charges based on a person's alleged conduct during an arrest.
• Traffic Offenses: While certain traffic violations may not result in criminal charges, others may be classified as misdemeanor offenses. These charges may include reckless driving or driving with a suspended license.

The Importance of Defending Against Misdemeanor Charges

The employment consequences that a person may face following a misdemeanor conviction may be unexpected. Background checks can reveal convictions to potential employers, and candidates with criminal records may be rejected. Positions that require security clearance, interactions with vulnerable people, or the handling of money can become difficult to obtain after a conviction.

People may lose their professional licenses after misdemeanor convictions. Healthcare workers, teachers, financial advisors, and other licensed professionals are required to report convictions to licensing boards. Convictions may lead to disciplinary proceedings and the possible suspension or revocation of a license. Future license applications may be denied.

Educational opportunities can be affected by a person's criminal record. Opportunities for college admissions and financial aid may no longer be available for people with misdemeanor convictions.

Housing applications may be denied based on misdemeanor convictions. Landlords will often conduct background checks, and they may reject applicants with criminal records. Convictions for offenses involving theft, violence, or drug crimes can make it much more difficult for a person to find housing.

Multiple misdemeanor convictions can result in enhanced penalties for subsequent offenses. For example, a previous conviction for theft may result in a subsequent theft charge being classified as a more serious misdemeanor or a felony. A third DUI offense is also classified as a felony. Courts will be more likely to impose harsher penalties if a person has a previous conviction on their record.

Minimizing the Impact of Misdemeanor Charges

Our attorney will not only work on resolving criminal charges for clients, but he will also focus on achieving outcomes that will help a person maintain employment, protect their professional license, pursue educational opportunities, and avoid other consequences. He will maintain close communication during a case to ensure that a person understands their options. He will explain plea offers, the risks a person may face by going to trial, and the long-term implications of a conviction. With his help, clients can make informed decisions about the best ways to resolve their cases.

Contact Our Miami, Florida Misdemeanor Defense Lawyer

When facing misdemeanor charges, experienced legal representation can be crucial. At Stroleny Law: Criminal Defense Attorney, we have successfully defended numerous clients against misdemeanor charges. Our lawyer will work to achieve a dismissal or acquittal or help to minimize the potential penalties that you may face. Contact our Miami misdemeanor charges attorney at 305-615-1285 to set up your free consultation.