Orlando Criminal Defense Lawyers – The AM Lawyer P.A.

What is a Felony? A Step-by-Step Guide from Arrest to Trial

If you're facing felony charges in Florida, it’s important to understand exactly what a felony is and what to expect throughout the legal process. A felony is a serious criminal offense punishable by more than one year in prison, and in some cases, it can result in life imprisonment or even the death penalty

Felony Classifications in Florida In Florida, felonies are categorized into different degrees, each carrying varying levels of punishment:

• Capital Felony: The most serious, punishable by life without parole or the death penalty.
• Life Felony: Punishable by life imprisonment.
• First-Degree Felony: Can result in up to 30 years in prison and hefty fines.
• Second-Degree Felony: Punishable by up to 15 years in prison and fines of up to $10,000.
• Third-Degree Felony: The least severe felony charge, carrying up to 5 years in prison and fines of up to $5,000.

In addition to these categories, repeat offenders or those involved in violent crimes may face enhanced sentences, meaning harsher penalties based on prior convictions or the nature of the offense.

From Arrest to Trial: What to Expect If you’ve been arrested for a felony, here's an outline of what you can expect from the legal process:

• Arrest and Booking: After the arrest, you will be taken to jail for booking. This process includes being fingerprinted, photographed, and formally charged with the felony offense.
• First Appearance: Within 24 hours of your arrest, you'll appear in court for your first appearance, where a judge will inform you of the charges and decide whether you are eligible for bail.
• Arraignment: During this stage, you will enter a plea—guilty, not guilty, or no contest. It’s crucial to have legal representation by this point, as your defense attorney can guide you through your plea options.
• Pretrial Hearings: Before the trial, your attorney will attend pretrial hearings, which may involve negotiating plea deals or filing motions to dismiss evidence or charges. This is an opportunity to potentially reduce your charges or resolve the case without going to trial.
• Trial: If your case proceeds to trial, a jury will hear the evidence and decide whether you are guilty or not guilty. Throughout this process, your defense attorney will work to create reasonable doubt about the prosecution’s case and advocate for your rights.
• Sentencing: If convicted, the judge will determine your sentence based on Florida’s sentencing guidelines, which take into account the type of felony, any aggravating factors, and your prior criminal record.

The Importance of Strong Legal Representation Felony convictions have lasting consequences beyond prison time and fines. They can affect your civil rights, such as your right to vote or own a firearm, and can make it harder to find employment or housing in the future. Given the serious nature of a felony, having a knowledgeable defense attorney is critical. Your attorney will help you understand the charges, protect your rights throughout the legal process, and work to achieve the best possible outcome in your case.

If you or a loved one is facing felony charges in Florida, The AM Lawyer P.A. is here to guide you through every step of the process and provide the strong defense you need. Contact us today for a free consultation.

What is a Misdemeanor? A Step-by-Step Guide from Arrest to Trial

If you’re facing misdemeanor charges in Florida, it’s important to understand the nature of the charge and the legal process you’ll go through. A misdemeanor is a less severe offense than a felony, but it can still carry serious consequences, including jail time and fines.

Misdemeanor Classifications in Florida In Florida, misdemeanors are classified into two degrees based on the severity of the offense:

• First-Degree Misdemeanor: This is the most serious misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000. Examples include battery, violating a restraining order, and cyberstalking.
• Second-Degree Misdemeanor: Less severe, with penalties of up to 60 days in jail and fines up to $500. Common second-degree misdemeanors include assault, petit theft (less than $100), and disorderly conduct.

Certain factors can elevate a misdemeanor charge. For instance, repeat offenders may face harsher penalties, and some misdemeanors committed against protected professionals (such as police officers or healthcare providers) can be escalated to felony charges. Florida also imposes stricter penalties for crimes motivated by bias, known as hate crimes, which increase the severity of the charges.

From Arrest to Trial: What to Expect If you’ve been arrested for a misdemeanor, here’s a breakdown of the legal process:

• Arrest and Booking: After being arrested, you will be taken to jail for booking, where your information, fingerprints, and photographs are taken, and you are formally charged with the misdemeanor.
• First Appearance: Within 24 hours, you will appear before a judge for your first appearance, where the judge will inform you of the charges and determine if bail is appropriate.
• Arraignment: During the arraignment, you will enter a plea—guilty, not guilty, or no contest. Having an attorney by your side at this point is crucial to help you understand your plea options and potential consequences.
• Pretrial Hearings: Before trial, there may be pretrial hearings where your defense attorney can negotiate with the prosecutor, potentially reaching a plea agreement or getting charges reduced. If no agreement is reached, the case will move to trial.
• Trial: If your case goes to trial, the prosecution will present its evidence, and your defense attorney will challenge that evidence and work to create reasonable doubt. The judge or jury will then decide whether you are guilty or not guilty.
• Sentencing: If found guilty, the judge will impose a sentence based on the nature of the misdemeanor, considering any aggravating factors like prior convictions.

Why Legal Representation Matters Although misdemeanors carry lighter penalties than felonies, a conviction can still result in jail time, fines, and a permanent criminal record. This can affect your ability to find employment, secure housing, or obtain professional licenses. Repeat offenses can lead to even more severe consequences, potentially escalating to felony charges.

At The AM Lawyer P.A., our experienced criminal defense attorneys can help you navigate the legal process and work to minimize the impact of misdemeanor charges on your life. We’ll guide you through every step, from understanding the charges to developing a strong defense.

If you’re facing misdemeanor charges in Florida, contact us today for a free consultation. We’ll ensure that your rights are protected and help you achieve the best possible outcome for your case.