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Fighting misdemeanor charges in Miami: Your advocate

At Correa & Martinez Trial Lawyers, we are trial attorneys with extensive courtroom experience. We work within the justice system to benefit clients, and there is no substitute for experience. We may challenge the evidence in the case, negotiate the level of the charge, pursue alternative sentencing, or seek a full acquittal at trial. Our experience in front of a judge and jury has proven to be of great benefit in many challenging cases. We are professional and persuasive and fight hard to protect the rights and freedoms of the people we serve.

Felony vs. misdemeanor

In Florida, crimes are classified as misdemeanors or felonies based on the severity of the offense and the potential penalties. Misdemeanors typically involve less serious conduct—such as petty theft or disorderly conduct—and carry penalties of up to one year in county jail. Felonies involve more serious crimes like drug trafficking or aggravated assault and can result in prison time of over one year. Correa & Martinez Trial Lawyers can help you understand how your charges are classified and what that means for your case.

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What are common misdemeanor charges?

Some of the most common misdemeanor charges in the Miami area include:

  • Disorderly conduct: Involves disruptive behavior alleged to have disturbed the peace.
  • Simple assault: This charge is filed when a victim claims to have feared bodily harm or sustained minor physical contact without serious injury.
  • Shoplifting: Theft of merchandise from a retail outlet.
    DUI (Driving Under the Influence): Misdemeanor DUI charges are filed when a driver is accused of being over the legal limit but has not caused an accident or injury.
  • Minor drug possession: The possession of marijuana or other controlled substances in a small quantity.
  • Domestic violence: Misdemeanor domestic violence charges are filed when the accused has no prior record of domestic violence and little to no physical harm was inflicted on the other party in the incident.
  • Solicitation of prostitution/lewdness: Solicitation for prostitution is a first-degree misdemeanor, carrying up to one year in jail and $1,000 in fines. 
  • Gun charges: While permitless carry is legal in Florida as of July 1, 2023, there are many restrictions regarding where you cannot carry a weapon, and if found doing so, you will be charged.
  • Trespassing: Entering a property without permission can lead to misdemeanor trespassing charges.
  • Criminal mischief: These charges are typically related to acts of vandalism or property damage. 
  • Drug paraphernalia possession: If law enforcement finds you in possession of some type of drug paraphernalia, you can be charged with a misdemeanor.

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What are the penalties for misdemeanors in Florida?

A conviction on a misdemeanor can have heavy consequences. You may lose your freedom, owe expensive fines, and have difficulties in seeking employment due to your criminal record. Florida has two types of misdemeanors: first-degree and second-degree. The penalties imposed are as follows:

  • First-degree misdemeanors: Penalties include jail time up to one year and fines up to $1,000. Probation up to one year. 
  • Second-degree misdemeanors: Penalties of jail time up to 60 days and fines up to $500.

Why choose Correa & Martinez Law Group in Miami?

At Correa & Martinez Trial Lawyers, we are more than just attorneys; we are dedicated advocates who fight aggressively to protect the rights of the people we serve. While many lawyers are litigators, not every litigator is a true trial lawyer. As seasoned trial lawyers who thrive in the courtroom, our legal team can passionately defend misdemeanor charges in court. Our approach is to provide personalized legal counsel, and unlike many other law firms, we are always available to our clients.

As a boutique law firm with a bilingual advantage, we are proud to serve clients in both English and Spanish. Our misdemeanor charges lawyers in Miami genuinely care about our clients, and our track record speaks for itself. With over 84 years of combined legal experience, we offer our clients the advantage that can only be achieved through experience at trial. When we take on a misdemeanor defense, we tirelessly pursue the most favorable outcome possible.

Misdemeanor Charges FAQs

What’s the difference in convictions between felonies and misdemeanors?

Does an arrest for a misdemeanor have to be in the presence of a police officer?

What courts hear misdemeanors?

Will a misdemeanor show up on my record in Florida?

Can I avoid jail time for a misdemeanor in Florida?

What should I do if I missed my court date for a misdemeanor in Florida?

Can a misdemeanor be upgraded to a felony in Florida?

What’s the difference in convictions between felonies and misdemeanors?

Felony convictions in Florida carry more severe penalties, including over one year in state prison, loss of civil rights, and long-term consequences. Misdemeanor convictions are less serious and may result in up to one year in county jail, fines, probation, or other penalties.

Does an arrest for a misdemeanor have to be in the presence of a police officer?

Generally, yes. Under Florida law, officers must witness a misdemeanor offense to make a warrantless arrest, with some exceptions—such as domestic violence or theft—where an arrest can occur based on probable cause.

What courts hear misdemeanors?

In Florida, misdemeanors are heard in county courts. These courts handle cases involving less serious criminal offenses, while circuit courts handle felony matters.

Will a misdemeanor show up on my record in Florida?

Yes. A misdemeanor arrest or conviction will appear on your criminal record unless it is sealed or expunged. This can impact employment, housing, and other opportunities.

Can I avoid jail time for a misdemeanor in Florida?

Yes, especially for first-time offenders. Alternatives may include probation, pretrial diversion, community service, or fines. A skilled defense attorney at Correa & Martinez Trial Lawyers can help you pursue these options.

What should I do if I missed my court date for a misdemeanor in Florida?

Missing a court date can lead to a bench warrant for your arrest. Contact our team immediately to address the warrant and try to reschedule or resolve the case.

Can a misdemeanor be upgraded to a felony in Florida?

Yes. Some misdemeanors can become felonies if there are aggravating factors, such as repeat offenses, use of a weapon, or serious injury. Legal guidance is key to understanding how your charge may be affected.

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