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Misdemeanor and Felony Law Questions
Criminal Law in Orlando and throughout Central Florida
What is the difference between a misdemeanor and felony?
A Felony charge is usually more serious than a Misdemeanor and can result in you being incarcerated in State Prison for any time over one year. Felonies can include, Grand Theft, Drug Possession – Cocaine, Marijuana, GHB, Ecstasy, Heroin, Felony DUI, Habitual Driving While License Suspended, Felony Theft, and Fraud. While less serious than felonies, misdemeanors are criminal charges and could potentially result in you being incarcerated in County Jail for a year or less. Misdemeanors can include Battery, Domestic Violence Battery, Disorderly Conduct, Diving with a Suspended License, Loitering and Prowling, Petit (Petty) Theft, Prostitution and Resisting an Officer without Violence.
While less, serious, misdemeanors are not to be taken lightly and convictions for both felonies and misdemeanors can result in suspension of drivers license privileges, loss of career opportunities and a permanent criminal record. Contact an experienced Orlando Felony and Misdemeanor Lawyer to help you understand what legal options you have and your rights under the law.
What maximum penalties am I facing?
The maximum penalties are set forth in Florida statutes according to the severity of the crime. The following is a list of crimes and their corresponding maximum prison terms and fines:
- Capital felony – life in prison/death penalty
- Life felony – 40 years to life in prison, fine of $15,000
- Felony in the First Degree – 30 years in prison, fine of $10,000
- Felony in the Second Degree - 15 years in prison, fine of $10,000
- Misdemeanor in the First Degree - 1 year in jail, fine of $1,000
- Misdemeanor in the Second Degree – 60 days in jail, $500 fine
Orlando-based legal team The Umansky Law Firm can work to prevent maximum punishments during your defense. Learn more about criminal consequences.
Can I be released on bond or bail?
Bail or Bond proceedings can be tricky and confusing. In most cases, a defendant can be released if they meet the bond requirements. However, in cases where the defendant is accused of a violent crime or certain felonies or multiple offenses, the judge can deny bail or bond. In many instances, a bondsman is used, wherein the accused will pay the bonding business 10% of the bond and offer collateral to ensure an appearance at the hearing. If you are a no-show, the bondsman is required to pay the full amount to the court, the collateral you put up may become the property of the bondsman and a warrant may be issued for your arrest.
An experienced Florida Misdemeanor Attorney can help you understand the bond or bail process and make sure you’re prepared to meet the requirements. In some instances an attorney may be helpful in getting the court to reduce the bond amount.
When are Miranda Warnings necessary?
Miranda rights should be read to a suspect who is in custodial restraint and is about to be interrogated about the crime for which he or she was taken into custody. To avoid self-incrimination, you have the right to remain silent and in most cases you should.
If you are a Florida resident, tourist, or juvenile facing misdemeanor or felony charges, consider hiring The Umansky Law Firm to begin a thorough investigation and defense strategy on your behalf. Contact our Central Florida Felony Attorneys today for a free initial consultation with our felony attorneys or misdemeanor attorneys.