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MISDEMEANOR CHARGES

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Misdemeanor charges, while less severe than felonies, can still result in significant legal consequences, including fines, probation, and jail time. Misdemeanors encompass a variety of offenses, often involving less serious criminal conduct.

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Definition and Legal Definition

A Misdemeanor is a criminal offense punishable by up to one year in jail, as opposed to more severe felony charges. Misdemeanors are classified into various degrees, with first-degree misdemeanors being the most serious.

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Examples of Misdemeanor Crimes:

  • Petty Theft: Theft of property valued at less than $300.

  • Simple Assault: An intentional threat of violence without physical contact.

  • Disorderly Conduct: Conduct that disturbs the peace or endangers public safety.

  • Public Intoxication: Being intoxicated in a public place.

  • Vandalism: Willful destruction or damage to property.

  • Trespassing: Entering or remaining on someone else's property without permission.

  • Driving with a Suspended License: Operating a vehicle while knowing your license is suspended.

 

Potential Defenses:

As your defense attorney, we will explore all possible defenses, including:

  • Lack of Intent: Arguing that the defendant did not have the intent to commit the crime.

  • Mistaken Identity: Arguing that the defendant was not the person who committed the crime.

  • Alibi: Providing evidence that the defendant was not present at the crime scene.

  • Self-Defense: Arguing that the defendant acted to protect themselves or others.

  • False Accusations: Proving that the allegations are unfounded or malicious.

 

Statistics on Misdemeanor Crimes in Florida and Miami-Dade County:

Misdemeanor crime statistics indicate a significant number of arrests and convictions in Florida and Miami-Dade County, with varying penalties depending on the nature of the crime and the defendant's criminal history.

 

What to Do if Falsely Accused:

If you are falsely accused of a misdemeanor, it is crucial to:

  • Contact a Defense Attorney: Immediately seek legal counsel to protect your rights.

  • Document Everything: Keep detailed records of all interactions and incidents related to the accusation.

  • Avoid Speaking to Authorities Without Counsel: Ensure you have legal representation before discussing your case with law enforcement or prosecutors.

 

Reasons for False Accusations:

  • Mistaken Identity: Being wrongly identified as the perpetrator.

  • Malicious Intent: Someone deliberately accusing you to harm your reputation or gain financially.

  • Misunderstanding: Misinterpretation of actions or words as criminal.

 

Possible Jail Times and Fines:

  • First-Degree Misdemeanor: Penalties can include up to one year in jail, probation, fines up to $1,000, and community service.

  • Second-Degree Misdemeanor: Penalties can include up to 60 days in jail, probation, fines up to $500, and community service.

 

Specific Cases:

  • State v. Jones: A case that highlighted the importance of intent in misdemeanor charges, where the defendant’s conviction was overturned due to lack of evidence of intent.

  • State v. Williams: A case where the defendant’s misdemeanor charges were dismissed due to procedural errors by law enforcement.

 

Can the Charges Be Dropped?

Yes, misdemeanor charges can be dropped if:

  • Lack of Evidence: Insufficient evidence to support the charges.

  • Procedural Errors: Violations of legal procedures during the investigation or arrest.

  • Successful Negotiation: Negotiations leading to plea deals or agreements.

 

FAQs:

  • Q: Can misdemeanor charges be expunged?

    • A: In some cases, yes. It depends on the specifics of your case and whether you qualify under Florida law.

  • Q: How long do misdemeanor investigations typically take?

    • A: Investigations can vary in length, often taking several weeks to months depending on the complexity of the case.

  • Q: What should I do if I believe I’m under investigation for a misdemeanor?

    • A: Contact a defense attorney immediately and avoid discussing the matter with anyone except your legal counsel.

Contact Us Today!

If you or a loved one is facing misdemeanor charges, it is crucial to seek experienced legal representation. Contact our office today for a confidential consultation to discuss your case and explore your options.

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(305) 377-2525

19 West Flagler Street, Suite 417

Miami, Florida 33130

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