Misdemeanor defense in Florida.

What are the penalties for a misdemeanor in Florida?

Florida has two degrees of misdemeanor. A second degree misdemeanor carries up to 60 days in jail and a $500 fine. A first degree misdemeanor carries up to 1 year in jail and a $1,000 fine. Those are maximums; the actual result depends on the facts, the person's record and how the case is resolved.

Common misdemeanors include petit theft, simple battery, simple assault and possession of 20 grams or less of cannabis. Each has its own elements and its own consequences outside the courtroom. Depending on the offense and the court, a sentence can also include probation, community service or classes in addition to, or instead of, jail.

How a misdemeanor case moves through court

After an arrest, the first formal court date is usually the arraignment, where the charge is read and a plea is entered. In many misdemeanor cases, a lawyer can file a written plea of not guilty so the client does not need to attend that date. Pretrial hearings follow while the defense reviews discovery.

Shorter timelines do not mean fewer protections. The defense still receives the state's evidence, including reports and recordings, and a motion to suppress can ask the court to exclude evidence obtained unlawfully, such as evidence found after a stop made without reasonable suspicion.

Why a misdemeanor is worth defending carefully

A misdemeanor conviction stays on a criminal record and can surface in background checks for jobs, housing and professional licenses. A conviction also generally prevents the case from being sealed or expunged later, and Florida generally allows only one sealing or expungement in a lifetime.

Pretrial diversion may be available for some eligible first time offenders, depending on the county and the prosecutor's office. Where a program applies, completing it can change how the case ends.

Misdemeanor defense in Central Florida and beyond

DUI Lawyers Shield Firm handles misdemeanor cases from its offices in Orlando and Satellite Beach and also takes cases in Bay County and Broward County. A free case review can cover the charge, the upcoming court dates and the options that may be realistic in the county where the case was filed.

Other criminal defense pages

• Felony Defense
• Assault and Battery
• Gun Charges
• Theft and Shoplifting
• Burglary
• Robbery
• Juvenile Crimes
• Probation Violations
• Expungement and Sealing

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.