If that is the primary time you’re being charged with a misdemeanor, you’re most likely anxious about what might occur to you and whether or not you could find yourself going to jail. If so, the Miami legal protection legal professional at Stroleny Law, P. A. needs you to know that being arrested for many misdemeanors in Florida doesn’t imply you’ll robotically find yourself in jail. As a matter of truth, nearly no person who’s arrested for his or her first misdemeanor finally ends up going to jail. When you’re employed with an skilled legal protection legal professional from Stroleny Law, you not often face jail time, even when that is your second or third misdemeanor cost.
How Do Misdemeanor Cases Get Resolved?
In many instances, misdemeanor instances go to trial both earlier than a decide or a jury. However, most instances discover a decision earlier than going to trial as a result of they get plea bargained or dismissed by the prosecutor or the court docket.
You might keep away from going to trial should you plead responsible or haven’t any contest to the offense. If your case doesn’t find yourself in a trial, it is going to proceed to the sentencing section of the legal court docket course of.
How Are Misdemeanors Classified in Florida?
Florida classifies misdemeanor offenses in two levels:
Misdemeanors of the First Degree
These misdemeanors are punishable by a superb of as much as $1,000 and a jail time period of as much as one 12 months. First-degree misdemeanors embody cyberstalking, battery, and violating a restraining order.
Misdemeanors of the Second Degree
These misdemeanors are punishable by a superb of as much as $500 and jail phrases of as much as 60 days. Some examples of second-degree misdemeanors embody prostitution, disorderly intoxication, and petty theft.
You will face enhanced penalties if you’re charged with a second or different repetitive misdemeanors. After a fifth or subsequent misdemeanor, the regulation will contemplate you to be a ordinary misdemeanor offender, and you’ll face a minimal sentence of six months in jail or residential remedy.
What Happens with a Misdemeanor Charge When There Are Victims?
If you will have dedicated sure offenses towards a weak sufferer, corresponding to a toddler, an aged individual, or a protected skilled, you could land a felony penalty. This is as a result of a first-degree misdemeanor strikes as much as a third-degree felony in these instances. The enhancements will rely on the crime concerned.
How Does Misdemeanor Sentencing Work in Florida?
When it involves sentencing for misdemeanor instances, judges have broad discretion. This signifies that though jail time is an possibility, that is typically reserved for offenders who’re unremorseful or dealing with a repeat misdemeanor cost.
When it involves imposing a sentence for a misdemeanor, the decide will take into consideration the offender’s previous historical past or how amenable they’re to rehabilitation. The decide may also contemplate whether or not psychological well being points or habit might have been on the root of the offense.
If you qualify for a pretrial intervention program or group court docket, you might be able to keep away from a conviction. Judges may additionally maintain off on sentencing you to jail and as an alternative place you on probation with none jail time.
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