Misdemeanor Penalties

A crime is usually classified as either a misdemeanor or a felony. The primary difference between these two are the penalties involved. Felonies have the most severe penalties, while misdemeanors are a lot less severe. They are very minor in comparison, but there can still be a lot involved.

In Florida, misdemeanor offenses are divided into two degrees:

• First-degree misdemeanors. These are punishable by up to one year in jail, as well as a fine of up to $1,000. First-degree misdemeanors may include battery, cyberstalking, and violating a restraining order.
• Second-degree misdemeanors. These are less severe crimes and punishable by a jail term of no more than 60 days and a fine of up to $500. Examples of second-degree misdemeanors include petty theft, assault, prostitution, and disorderly intoxication.

Keep in mind that there can also be enhanced penalties for repeat misdemeanor offenders, depending on the offender and the victim. A repeat offender may receive enhanced penalties, even if the offenses are seemingly minor. For example, a second misdemeanor battery conviction carries a third-degree felony penalty. So does a third or subsequent petty theft conviction. In addition, a person convicted of a fifth or subsequent misdemeanor is considered a habitual misdemeanor offender. The minimum penalty is six months in jail or residential treatment.

Also, committing certain offenses against vulnerable victims (such as the elderly or children) can lead to felony offenses for misdemeanor crimes. An example would be assault or battery of a police officer, firefighter, or emergency healthcare provider, bumping a first-degree misdemeanor to a third-degree felony.

Misdemeanor Sentencing

There are no cut and dry penalties for misdemeanor crimes. Judges have broad discretion when sentencing misdemeanors. While jail time is an option, it is the most extreme one and often reserved for repeat offenders.

When imposing a sentence for a misdemeanor, the judge will consider the circumstances of the crime, injuries or damages caused by the crime, and the offender’s criminal history. They may also consider whether addiction or mental health issues were to blame.

Besides jail time, a judge can order probation, inpatient drug or alcohol rehabilitation, house arrest, community service, fines, or restitution. Some offenders may be able to avoid a conviction if they qualify for a pretrial intervention program or community court.

Contact Us Today

Misdemeanor crimes may not seem serious, but they can still result in jail time under some circumstances. It’s best to take these crimes seriously and seek legal help as soon as possible.

There’s a lot at stake even for these minor crimes. Don’t delay. Get the help you need from an aggressive Florida criminal defense lawyer from Linkhorst Law Firm. We’ll help you craft a defense to your criminal charges. To schedule a consultation, fill out the online form or call 561-626-8880.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.081.html