First-Degree Misdemeanor:
The more serious of the two. Punishable by up to one year in the county jail and up to a $1,000 fine.
Common charges include:
- Battery ( Simple or Domestic)
- DUI
- First-offense petty theft (value is over $100 but under $750)
Pace Misdemeanor Lawyer
Being charged with a misdemeanor in Florida should never be taken lightly. Although misdemeanors are less serious than felonies, a conviction can still result in jail time, probation, fines, a permanent criminal record, and other lasting consequences.
What is a Misdemeanor in Florida?
Florida classifies misdemeanors into two categories based on severity:
Second-Degree Misdemeanor:
Punishable by up to sixty days in county jail and up to a $500 fine.
Common charges include:
- Disorderly conduct
- Disorderly intoxication
- Simple assault
Common Misdemeanor Charges Pape Law Defends
Pape Law represents clients charged with a broad range of misdemeanor offenses throughout Pace, Florida, and Northwest Florida, including but not limited to:
- Petit theft
- Battery (Simple or Domestic)
- Assault (Simple or Domestic)
- DUI See our dedicated DUI page →
- Criminal mischief
- Violation of an injunction
- Stalking
- Driving while license suspended
- Resisting officer without violence
- Possession of drug paraphernalia
- Trespassing
- Loitering
How Can a Pace Misdemeanor Lawyer Help?
Like felony charges, defending misdemeanor charges in Pace, Florida begins with protecting your rights and evaluating every available legal option. Depending on the circumstances of your case, a Pace misdemeanor lawyer may seek to have the charges dismissed, negotiate a favorable resolution, pursue a pretrial diversion program, or defend you at trial.
What are Pre-Trial Motions?
In Florida there are various pre-trial motions a lawyer can file to defend your case. A pre-trial motion asks a judge to potentially dismiss charges, address constitutional violations, or resolve evidentiary disputes. Common examples include motion to dismiss criminal charges and motion to suppress evidence.
Motion to Dismiss
A motion to dismiss criminal charges is a request for the judge to throw out charges without a trial, based on legal deficiencies, lack of evidence, or procedural errors. Common grounds include violation of rights (e.g., speedy trial, statute of limitations). If granted, the charge may be dropped.
Motion to Suppress
A motion to suppress evidence is generally grounded on a violation of a person’s Fourth or Fifth Amendment Constitutional Rights.
Fourth Amendment Violations:
The U.S. Constitution and Florida Constitution protect you from unreasonable government searches and seizures.
The Fourth Amendment requires a warrant based on probable cause for police to search or seize your person, home, papers, or belongings, unless the conduct falls under one of the limited exceptions (consent, plain view, searches incident to lawful arrest, exigent circumstances, or automobile exceptions).
Fourth Amendment violations may also occur when police fail to have reasonable suspicion to conduct a traffic stop. Reasonable suspicion is a legal standard, less than probable cause, which permits only brief, limited investigative stops and pat downs when an officer can point to specific, articulable facts suggesting that criminal activity may be occurring.
For example, let’s say police claim they had reasonable suspicion to conduct a traffic stop of your vehicle because you committed a non-criminal traffic violation by improperly changing lanes. The in-car video later shows you properly changed lanes. In this scenario, this could be an unlawful traffic stop in violation of the Fourth Amendment.
Let’s further say the unlawful traffic stop led to the police developing probable cause to arrest you for a crime such as DUI. Any evidence obtained as result of this unlawful traffic stop may be suppressed. Meaning the State may be barred from using any unlawfully obtained evidence in the prosecution of your case including but not limited to your identity, testing, statements, or the officer’s observation. This often weakens the case, leading to reduced charges, plea deals, or case dismissal.
Fifth Amendment Violations:
The U.S. Constitution and Florida Constitution provides several critical protections for individuals accused of crimes. One of its most well-known guarantees is the right against self-incrimination, which allows a person to refuse to answer questions or provide testimony that could be used to incriminate them. This is commonly expressed as the “right to remain silent.”
Miranda rights come from the Fifth Amendment’s protections against self-incrimination and Sixth Amendment right to counsel. Miranda Rights are the warnings police must give a person in custody before questioning them. They include the right to remain silent, the warning that anything said can be used in court, the right to an attorney, and the right to a court-appointed attorney if the person cannot afford one.
One of the most common scenarios is where the person is not clear on whether he or she is being detained.
For example, during a routine traffic stop, an officer demands the person get out of the vehicle and wait at the rear of the car. Next, the officer tells the person that he or she is not free to leave but begins asking questions. The key to Miranda is that police may not interrogate someone in custody without first advising them of their rights. Therefore, the question is really about when that person is in custody and subject to interrogation. The law says it happens when you have a reasonable expectation that you are not free to go. If the person is not free to leave and subject to questioning by the police leading to police soliciting incriminating statements, there may be a violation of the person’s Fifth Amendment rights.
A violation of a person’s Fifth Amendment rights—such as coerced confessions or lack of Miranda warnings may result in the suppression (exclusion) of evidence in criminal trials, preventing its use against the person.
What are Pre-Trial Diversion Programs?
Pre-Trial Diversion programs are typically for those individuals with little to no prior criminal history, focusing on rehabilitation rather than punishment. The programs are designed to offer individuals an opportunity to avoid the long-term consequences of a criminal conviction.
Participants in the programs may be required to undergo various types of counseling, community service, educational courses, or drug/alcohol treatment, depending on the nature of their offense. Upon successful completion of the program, the State may drop or dismiss the charges, potentially resulting in a clean criminal record, and eligibility for expungement or sealing the charges.
Will the Charge Fall off my Record Automatically?
There is a common misunderstanding that once the State drops or dismisses the charge, your criminal record is clear. This is incorrect. Although the charge was dropped or dismissed, the charge will remain visible on your criminal record until the charge is expunged or sealed. Florida law imposes strict eligibility requirements for sealing and expunging criminal records.
What is a Negotiated Plea Agreement?
Negotiated plea agreements play a big role in the criminal justice system. These agreements are between the state and defendant. They may result in reduced charges, lighter penalties, or alternative sentencing. It is a way to resolve cases without facing the uncertainties and anxiety of a trial.
What is the process?
The process usually starts when the defense discusses possible terms with the state on behalf of the client. It can happen at different points in the case, sometimes even before formal charges are filed. Various factors will affect how the state negotiates a plea agreement, such as nature of the offense, criminal history, and strengths and weaknesses of the case.
What happens when a Plea Agreement is Reached?
If both sides agree, the terms are generally put into a written plea agreement, filed with the court, and set for hearing. The judge will hold a plea colloquy, which is a formal, on-the-record conversation between a judge and defendant, required when entering a guilty or nolo contendere (no contest) plea to ensure plea is voluntary, knowing, and intelligent made.
Let it be known the judge has the power to accept or reject the plea agreement between the parties. Meaning the judge may reject a plea agreement if they feel the sentence is too lenient, does not serve justice, or does not reflect the seriousness of the crime, particularly after reviewing the defendant's criminal history or hearing from alleged victims.
What are Some of the Consequences of a Plea Agreement?
While a plea agreement can provide a quicker path to resolution, they also come with significant legal and personal considerations. For example, the charge becomes a part of your permanent criminal record. This can have long-term consequences, including loss of certain rights depending on the charge, and difficulty finding employment, housing, or maintaining a professional license. By entering into a plea agreement, the person also waives certain constitutional rights such as the right to a trial, right to cross-examine witnesses, and right to present a defense.
If you are considering a plea agreement, it is very important that you speak with a Pace criminal defense lawyer to evaluate your case and discuss the benefits and collateral consequences before doing so.
What is a Trial?
If your charges are not dismissed, or you’re unable to resolve your case by a pre-trial diversion program or negotiated plea agreement, your next option is a bench or jury trial.
You typically have a right to a jury trial in all criminal prosecutions (but some misdemeanor charges do not qualify for jury trial). In Florida, you do not get a jury trial for criminal cases if the offense is punishable by imprisonment of six months or less and the court formally announces that no jail time or adjudication of guilt will be imposed. These cases are handled via non-jury or "bench" trials. If the charge does not meet the requirement for a bench trial, a person may still waive a jury trial only if the state consents and the waiver is in writing.
What is a Bench Trial?
A bench trial is a legal proceeding where a judge alone hears evidence and renders a verdict, acting as both trier of fact and law without a jury. Essentially, the judge will listen to the evidence, hear arguments from both sides, and determine whether you are guilty or not guilty. The judge is also responsible for sentencing if you are found guilty.
What is a Jury Trial?
In criminal cases six jurors plus one-two alternatives, except in capital cases, which require twelve jurors are selected from a pool of citizens from the community.
Jury Selection: The jury selection process is called Voir Dire. This is where judges and lawyers question potential jurors to uncover biases, prejudices, or prior knowledge of a case, ensuring a fair and impartial jury. After the jurors are selected and sworn, they will listen to the evidence, argument from both sides, and deliberate. Ultimately, the jurors will decide whether you are guilty or not guilty. The jury’s decision has to be unanimous in criminal cases. Otherwise, the case may result in a mistrial and the process starts over.
How do I Decide Between a Jury or Bench Trial?
Choosing between a jury or bench trial depends on various factors, including the nature of the case, the facts, and even the potential biases of jurors. Working closely with your Pace criminal defense lawyer to assess these elements and determine the best strategy for your defense is important when choosing between a jury or bench trial. In some cases, a jury may be your best option, while in others, a bench trial may provide a more controlled, impartial environment. The key is understanding how each type of trial will play out in the context of your specific case.
Contact a Pace Misdemeanor Lawyer Today
If you or a loved one were arrested for a misdemeanor in Pace, Florida or in Northwest Florida, you do not have to face the criminal justice system alone. Consulting with a Pace misdemeanor lawyer as soon as possible helps ensure your rights are protected and that you understand your legal options from the outset.
Contact Pape Law today or complete our online contact form to schedule a free consultation with a Pace misdemeanor lawyer. Consultations are available by appointment only.