Wichman Law Firm, LLC – Felonies and Misdemeanors
Defending Miami Floridians in Criminal Offense Disputes
If you are charged with a misdemeanor or felony in Miami, Florida, do not take this matter lightly, as it can have a life-altering impact. Do not go it alone, but rather find yourself a trusted lawyer who will represent your rights and advocate for you in and out of Court. Top-rated Trial and Criminal Defense Attorney Kevin P. Wichman is a Miami misdemeanor and felony lawyer and will do exactly that.
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What’s the Difference Between a Misdemeanor and a Felony in Miami, FL?
When charged with a crime in Miami of a misdemeanor or felony, they will typically be under statutes of Florida or the United States Government, however, some cities can also provide for their own lower level misdemeanors. In Miami-Dade County and for the rest of the Tri-County region, most will filed in one of the large Miami-Dade County Courthouses, either for the State of Florida, or the Federal Courthouse in Miami, for the United States. Misdemeanors are criminal cases and offenses that are more serious than infractions, but less serious than felonies, and thus have punishments that reflect that degree. Additionally, it may be possible for a misdemeanor conviction to be removed from your record after a certain number of years have passed through the expungement process, however that period won’t be for a number years after the case is closed entirely with any probation or parole and is only available to some types of misdemeanors and not all.
Some common Miami misdemeanors include:
- petty theft
- trespassing
- possession of marijuana
- disorderly conduct
- disorderly intoxication
- domestic violence
- disturbing the peace
- harassment
- assault by contact or simple assault
- DWI or DUI
- making terroristic threats
- property damage
- possession of paraphernalia
- minor in possession of alcohol
- resisting arrest
- animal cruelty
- public urination
- public intoxication
- loitering and prowling
- petit theft
- gambling crimes or casino crimes
- hate crimes
- aiding and abetting
- witness intimidation
- driving while suspended or revoked
- shoplifting
- unlawful discharge of a weapon
- violation of an injunction order of protection
- criminal mischief
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Common Miami felonies include:
- aggravated assault
- aggravated kidnapping
- bribery
- manslaughter
- third-offense or fourth-offense DUI
- aggravated sexual assault
- murder
- arson
- deadly conduct with a firearm
- conspiracy
- burglary
- rape
- drug trafficking
Classes of Misdemeanors & Degrees of Felonies
Florida has two degrees of misdemeanor, first degree and second degree.
- first degree misdemeanors – can result in a maximum jail sentence of up to 1 year in jail and a maximum fine of up to $1,000.00
- second degree misdemeanors – can result in a maximum jail sentence of up to 60 days in jail, and a maximum fine of up to $500.00
Florida classifies felonies into five different categories of capital, life, first-degree, second-degree, and third-degree. The penalties for each vary depending upon the degree of the felony, but are always going to involve punishment that exceeds a one year in prison.
- Capital felony – punishable by death or life in prison without the possibility of parole
- Life felony – punishable by life in prison and fines to $15,000.00
- First-degree felony – punishable by up to 30 years in prison and fines up to $10,000.00
- Second-degree felony – punishable by up to 15 years in prison and fines up to $10,000.00
- Third-degree felony – punishable by up to 5 years in prison and fines up to $5,000.00
The statutes of limitations in Florida for criminal cases generally begins to run when the criminal act one committed, and the more serious the crime, the longer the statute of limitations. For Capital and Life felonies there is no statute of limitations, meaning that they have no cut off point to which charges can not be filed.
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Florida Criminal Charges are Serious and Demand a Serious Defense Attorney
As stated above, the penalties for a conviction of either a misdemeanor or a felony have serious consequences that are life changing. If you have been arrested, you have the constitutional right to no speak to law enforcement and the constitutional right to have a criminal defense attorney to represent you if facing prison time. It is in your best interests to exercise both of those rights. Contact the experienced Miami-Dade County criminal defense lawyer at Wichman Law Firm by calling our number at (305) 317-1529 to schedule a free initial consultation.
An Experienced Miami Trial Attorney at Wichman Law Firm, LLC Will Fight for Your Freedom
No one can afford a criminal conviction if it can be avoided. An experienced criminal defense attorney who has handled misdemeanors and felonies before will know how to represent you in court best and to seek a reduction in charges or sentencing, possibly get you an opportunity to keep the conviction off your record through a form of alternative sentencing, such as probation or diversion, or get the case dismissed entirely. At Wichman Law Firm, our experienced Miami criminal defense attorney provides clients with the highest quality of legal representation and is a zealous advocate on your behalf, as he explains the complex laws and process to you along the way so that you can make informed decisions throughout. If you have been arrested and are in need of help to fight your Miami misdemeanor or felony charge, call us today at (305) 317-1529 to schedule a free consultation.
(305) 317-1LAW (1529)
(855) WICHMAN toll free
Free Consultation
Payment Plans Available
