The law can be a confusing subject, but Michael Jones Law, P.A. is here to guide you through all of your concerns. Below are a few definitions of common legal terms and answers to common questions when handling legal matters.
What is a Misdemeanor?
A Misdemeanor is a crime that carries a less severe punishment than a Felony. It is typically a crime punishable by less than one year in jail, community service, probation or fines of $1,000 or less. Minor misdemeanors may come with no jail time while major misdemeanors can be treated almost as severely as felonies.
Common Misdemeanors
Common misdemeanors include: possession of controlled substances or drugs, petit theft, vandalism, perjury, prostitution, indecent exposure, trespassing, basic assault, resisting arrest and public intoxication.
Types of Misdemeanors
Florida has two misdemeanor classes, first-degree and second-degree. Second-degree misdemeanors are the lower of the two and include minor crimes such as disorderly conduct, a first petit theft offense and trespassing. If you are convicted of a second-degree misdemeanor, you could spend up to 60 days in jail and be fined up to $500.
First-degree misdemeanors are more severe and can include domestic battery, driving under the influence, possession of marijuana, driving with a suspended or invalid license, vandalism and prostitution. If you are convicted of a first-degree misdemeanor, you could spend up to one year in jail and be fined up to $1,000.
What does it mean to be charged with a Misdemeanor?
If you are charged with a misdemeanor, you could face heavy fines and the loss of your freedom. Misdemeanor charges can affect the rest of your life, appearing in background checks (often without context), and leading to a job or housing denial.
This is why you deserve to have someone fight for your freedom and a clean record. Never assume that a misdemeanor is too “small” to fight. You are innocent until proven guilty “beyond all reasonable doubt.” A strong defense, such as the one Attorney Michael Jones expertly provides, can find the doubt needed to preserve your future.
What is a Felony?
A Felony is a crime that carries a more severe punishment than a misdemeanor. It is typically a crime punishable by up to five years to life in prison, high fines, and even the death penalty. The circumstances of the individual case will determine the felony charges in Florida.
Common Felonies
Common Felonies include: drug possession, gun charges, forgery, sex offenses, aggravated battery & aggravated assault, domestic violence, stalking, burglary, kidnapping, grand theft and drug trafficking.
Types of Felonies
Florida has five classifications for felonies, each with their own consequences.
- Capital Felonies — Reserved for the most severe crimes. If you are accused of a capital felony, you could be facing the death penalty. An example of a capital felony is murder.
- Life Felonies — If you are accused of a life felony, you could face life imprisonment and extremely high fines. An example of a life felony is aggravated sexual assault.
- First-degree Felonies — If you are accused of a first-degree felony, you could be facing 30 years In prison and a fine of up to $10,000. An example of a first-degree felony is an aggravated battery of an officer.
- Second-degree Felonies — If you are accused of a second-degree felony, you could be facing 15 years In prison, 15 years of probation and a fine of up to $10,000. An example of a second-degree felony is aggravated battery.
- Third-degree Felonies — A third-degree felony is the least severe class of felony but still faces higher consequences than misdemeanors. If you are accused of a third-degree felony, you could be facing 5 years in prison and a fine of up to $5,000. An example of a third-degree felony is cocaine possession.
What happens in a felony case?
Click below to view a step by step description of what occurs in a felony case:
What does it mean to be charged with a Felony?
If you are charged with a felony, you could face heavy fines and lose your freedom for years or even your lifetime. After serving your time, you will be subject to background checks that can lead to housing and job rejections.
In addition, a person convicted of a felony loses certain civil liberties granted to citizens of the United States. He or she will no longer be able to vote, hold a public office, serve on a jury, or possess firearms. Being convicted of a felony can also make international travel extremely difficult and cause a severe strain on your finances.
This is why, when accused of a felony, it is extremely important to find a strong defense.
Assault Versus Battery
Assault and Battery each have specific attributes. Under Florida law, you may be charged with one or both. There are also a major differences between simple and aggravated assault and battery.
Assault is a verbal or physical threat that makes another person fear for their safety. An example would be if you told someone that you would punch them. You also must be able to do so and have done an act which creates a well-founded fear in the other person. Florida law classifies Simple Assault as a second-degree misdemeanor.
Aggravated Assault
An aggravated assault is an assault with a deadly weapon without intent to kill or with an intent to commit a felony. Florida law classifies Aggravated Assault as a third-degree felony.
Battery refers to the physical touuching of another person. It can include any unwelcome contact such as pushing, shoving, spitting, hugging, touching or even kissing. While assault is threatening to punch someone, battery is actually punching someone. Florida law classifies Simple Battery as a first-degree misdemeanor.
Aggravated Battery
Aggravated Battery is a battery that intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement or uses a deadly weapon. Florida law classifies Aggravated Battery as a second-degree felony.
Burglary Versus Robbery
Even though they seem similar, in Florida, robbery and burglary are different offenses.
Burglary involves entering a structure or property with the intent to commit a theft or some other crime. It does not necessarily imply the use of violence. Burglary is a felony offense with penalties typically including prison and probation.
Robbery involves taking another person’s property through the use of force or violence. It does not necessarily involve entering a structure or property. Robbery is a felony offense with penalties typically including prison and probation.
What is a Plea Deal?
A Plea Deal is an agreement where the defendant agrees to plead guilty to the charges against them. The benefits of doing so include saving time, saving money, gaining certainty and getting a reduced sentence time. Attorney Michael Jones can walk you through this process and negotiate a plea deal that leads to far less severe consequences than you may be facing.
Types of Plea Deals
Two types of plea deals are charge bargaining and sentence bargaining.
Charge bargaining involves the defendant agreeing to plead to a lesser offense with the agreement that the prosecution will dismiss more serious charges.
Sentence Bargaining involves the defendant pleading to receive a lesser sentence such as probation and court costs.
What is the difference between criminal law and civil law?
Civil law usually involves disputes between organizations or individuals, such as suing someone for money. In civil cases, the plaintiff must prove their case “by a preponderance of the evidence.” This means they must prove their side of the argument is more likely than not.
Criminal law involves a person violating the law. In criminal cases, the prosecution must prove their case “beyond all reasonable doubt.” This means that the prosecution must convince the jury that there is no other reasonable explanation for what occurred based on the evidence presented. The burden of proof is much more difficult and harder to establish in criminal cases.
Court cases can be both civil and criminal. For example, a person who has intentionally killed another can be charged in criminal court with homicide and can also be sued civilly for wrongful death.
It’s okay to have a lot of questions when dealing with the law. In fact, it’s completely normal. At the Law Office of Michael E. Jones, we can answer your questions and address your individual concerns. With over 30 years of experience and thousands of successful cases under his belt, Michael Jones will be there for you throughout the entire process, fighting for you until the very end. You do not have to go through the criminal process alone.
I can order a copy of your police report and offer you a consultation at no charge.
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