What is considered a criminal offense?
Criminal offenses in Florida are punishable acts that fall under misdemeanors, or felonies. We defend against all criminal charges, including but not limited to:
- Assault
- Battery
- BUI
- Burglary
- Child abuse
- Drug charges
- Domestic violence
- DUI
- Expunction and record sealing
- Juvenile crimes
- License violations
- Robbery
- Theft
- Traffic violations
- Trespass
- Prostitution
- Violation of probation
We are here to defend you when you need it
What is a misdemeanor offense?
Misdemeanors are crimes punishable through the state by less than one year in a county correctional facility. The defendant may be given a Notice to Appear or arrested by law enforcement and brought into custody. A Notice to Appear provides the defendant of a specific date and time to appear in court for the accused crime stated in the notice. If arrested, the defendant must appear before a judge within 24 hours of the arrest.
County courts handle misdemeanor cases. Misdemeanors are broken into two categories:
- Misdemeanors of the first degree – crimes are punishable by imprisonment of not more than 1 year in the county jail.
- Misdemeanors of the second degree – crimes are punishable by imprisonment of not more than 60 days in the county jail.
Sentencing for misdemeanors include an imposed fine, probation, jail time, or a combination of these. Additional penalties may be required for specific offenses such as DUI’s, domestic violence injunctions and drug offenses.
What is a noncriminal offense?
- Child support violations
- Control of animals
- Forfeitures
- Injunctions
- Some Traffic violations
What is a felony offense?
There are five degrees of felonies within Florida which are not designated by letters as is observed in most states. Felonies are different than misdemeanors and are classified by the maximum penalty allowed if the defendant is found guilty of a crime. Felonies are punishable by the following:
- Felony of the third degree – imprisonment for no more than 5 years and a $5,000 fine.
- Felony of the second degree – imprisonment for no more than 15 years and a $10,000 fine.
- Felony of the first degree – imprisonment for no more than 30 years and a $10,000 fine.
- Life felony – imprisonment for no more than 40 years in prison and a $15,000 fine.
- Capital felony – punishable by death or life imprisonment without the possibility of parole in a state prison.
Felonies classified by first, second, or third degree may entail restitution payments to the victim which may exceed the above stated fines. Capital felonies include but are not limited to:
- Aggravated abuse of a child, disabled, or elderly person
- Arson
- Burglary
- Carjacking
- Kidnapping
- Hindering lawful exercise of governmental function or enforcement of laws
- Homicide
- Murder
We understand the complexities of law. Let us help you along the path towards success!
How is sentencing determined?
When should I hire a criminal defense attorney?
Before any custodial interrogation can begin, police must inform you, by law, of the full Miranda warning, if they are going to ask you questions. It is a constitutional right to remain silent during questioning, including during booking and any interrogation. It is highly recommended to request an attorney before agreeing to answer questions to avoid potential incriminating responses, and once an attorney is requested, the police can no longer ask any questions about the substantive case.
Miranda rights:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be appointed for you.
If you are charged with a misdemeanor, the state must have your trial within ninety (90) days from your arrest, and if it is a felony charge, the state must have your trial within one hundred seventy-five (175) days from your arrest. These time periods commence once the defendant is charged and applies to all defendants, whether they are in custody, on pretrial release, on bail or released on their own recognizance.
There are certain factors to be considered when this right is being taken into consideration. Here are a few: if the defendant has asserted his/her right to a speedy trial, the length of any delay, the state’s reasoning behind the delay as well as any prejudice to the accused caused by such delay, and if the defendant waived his or her right to a speedy trial. Every person charged with a crime also has the right to file a “Demand for Speedy Trial” and demand that a trial be held within 60 days. An accused who files this type of pleading is stating that he or she has diligently investigated the case and that he or she is prepared to go to trial. However, this right does not apply to persons who are being held in custody outside of the jurisdiction.
Drug possession and pretrial diversion
Drug possession of any kind usually results in a felony charge in Florida, except for possession of equal to or less than twenty (20) grams of marijuana. If you were charged with drug possession, you may be eligible for a pretrial diversion program. Successful completion of the Pretrial Diversion Program results in the dismissal or nolle prose of the drug offense.
In June 2019, the Assistant State Attorney in Orange County announced her intent to expand drug diversion programs. This would severely limit the impact of drug offenses on individuals. The reason for this was that there was ample evidence that the state’s manner of prosecuting and punishing drug offenses failed to reduce the levels of drug use in Orange County. Therefore, in August 2019, the State Attorney for Orange County rolled out a Drug Diversion Program. It has three tiers. Below is a brief review of the three tiers:
| Drug Diversion Program | ||||
| Eligible Offenses | Program Eligibility | Actions Required | Purpose | |
| Level 1 | Possession of Misdemeanor Amount of Cannabis, and for Possession of Drug Paraphernalia. | A prior criminal history is not a bar to participation. | You are required to attend a free online drug education course through the state. | The purpose is to provide education to individuals on the law of illicit drugs and potential dangers of drugs. |
| Level 2 | -Simple possession of illegal narcotics. -Possession of cannabis (misdemeanor or felony amounts) with intent to sell. -Purchase of illegal narcotics. -Obtaining or attempting to obtain illegal narcotics by fraud. -Possession of a Controlled Substance without Prescription. | A prior criminal history may be a bar to participation. | You are required to sign a Level Two Drug Diversion Program Contract, complete community service hours, and complete a substance abuse court or assessment. You may also be required to waive your right to speedy trial. | The purpose is to educate and allow the individual to discuss their personal situation with a trained and qualified professional. The reasoning is the drugs that fall under this program are highly addictive and dangerous. |
| Level 3 | -Most misdemeanors -Misdemeanor DUI’s -Third Degree Felony -Second Degree Felony’s (in some cases) | Legal residence in the United States and approval by the Office of the State Attorney. For DUI’s, you must have no prior alcohol related driving offense, no collisions, no prior participation in a DUI diversion program, and no dangerous driving patterns. | You are required to sign a Level Three Drug Diversion Program Contract. You must waive your right to speedy trial, follow the program requirements and sanctions ordered by the Drug Court. | The purpose is to provide individualized rehabilitative services and treatment to people who suffer from drug addiction. |
The pretrial diversion program you qualify for depends on your criminal history, current charges, and treatment needs. If you were charged with a drug offense in Florida, it is important you hire an attorney who is knowledgeable about pretrial diversion programs and other legal mechanisms that impact your case.
What is the role of the defense in a criminal trial?
A criminal defense attorney is responsible for defending a person who has been charged with a crime. Whether assigned to the case by the court or contacted directly by the defendant, the attorney speaks on behalf of the defendant, investigates the case, analyzes the evidence, continues confidential contact with the defendant throughout the process, fights for you during trial, and more. With the help of a skilled criminal defense lawyer, you may be able to win your case, have the charges dropped or reduce your penalties.
Attorneys dedicate all of the time and attention necessary to resolve your case to your satisfaction, and if it cannot be resolved through plea bargaining, then your case will go to trial. They will examine witnesses, cross-examine the state’s witnesses, and work to convince the jury that the prosecution has failed to meet its burden of proof. If convicted or the defendant accepts a plea bargain, the defense attorney can continue representation during the sentencing phase. Alternatives to incarceration may be discussed as well as additional factors that may convince the judge or jury to limit the amount of jail time.
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Attorney Schwam-Wilcox is a former prosecutor and can use her skills and experience to assist you with your criminal defense case. If you are in need of a criminal defense attorney (lawyer) in Orange, Osceola, Seminole, Lake or other counties throughout Florida call Schwam-Wilcox & Associates at 407-245-7700, or Contact Us by completing the form below to schedule a consultation. Schwam-Wilcox & Associates is a firm you can trust, and our attorneys are ready to help you with your legal needs. The main office is conveniently located near Winter Park in Orlando, with appointments also available in The Villages.
Call 407-245-7700, or send us an email to schedule a complimentary consultation. Our attorneys are ready to listen and help!
