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Misdemeanor Cases

Covered Criminal Areas:

i. Misdemeanors

Misdemeanors are mostly classified by the level of degree, including First and Second Degree. The maximum penalty for a Misdemeanor of the Second Degree can include up to sixty days in jail. The maximum penalty for a Misdemeanor of the First Degree can include up to a year in jail. Please note that each maximum sentence applies separately to each count. For example, in a case where a person is charged with two counts, the maximum penalty for the first count can be added consecutively to the maximum penalty for the second count. Having an experienced attorney working in your case is very important, especially when charged with multiple counts.

iii. List of Commonly-Charged Misdemeanors
1. Affray 870.01 f.s.
2. Assault 784.011 f.s.
3. Battery 784.03 f.s.
4. Contributing to the Delinquency of a Minor 827.04 f.s.
5. Criminal Mischief 806.13 f.s.
6. Contracting without a license 489.127 f.s.
7. Culpable Negligence 784.05 f.s.
8. Disorderly Conduct 877.03 f.s.
9. Disorderly Intoxication 856.011 f.s.
10. Failure to Obey Authority 316.072 f.s. Subsection (3)
11. False Report of Commission of a crime 817.49 f.s.
12. False Report to Law Enforcement Authorities 837.05 f.s.
13. Harassing Telephone Calls 365.16 f.s.
14. Illegal Littering and/or dumping 403.413 f.s.
15. Improper Exhibition of a Firearm 790.10 f.s.
16. Loitering and Prowling 856.021 f.s.
17. Open House Party 856.015 f.s.
18. Possession of Alcohol by a Minor 562.111 f.s.
19. Possession of Cannabis 893.13 f.s.
20. Possession of Paraphernalia 893.145 f.s.
21. Prostitution 796.07 f.s.
22. Providing a False Name to Law Enforcement 901.36 f.s.
23. Resisting a Merchant 812.015 f.s.
24. Resisting a Law Enforcement Office without violence 843.02 f.s.
25. Sale of Alcohol to a minor 562.11 f.s.
26. Stalking 784.048 f.s.
27. Petit Theft 812.014 f.s.
28. Trespass on Land of Another 810.09 f.s.
29. Trespass on Structure or Conveyance 810.08 f.s.
30. Witness Tampering 914.22 f.s.
31. Violation of Pre-trial Release 903.047 f.s.
32. Violation of Domestic Violence Injunction 741.31 f.s.
33. Violation of Injunction for Protection against Dating Violence 784.047 f.s.
34. Worthless Checks 832.05 f.s.
iv. Traffic Criminal Citations

1. Attaching Tag Not Assigned 320.261 f.s.
2. Driving While License Suspended First Time 322.34 f.s.
3. Expired DL 322.39 f.s.
4. Leaving the Scene of an Accident 316.061 f.s.
5. No Valid DL 322.03 f.s.
6. Permitting Unauthorized Person to Drive 322.36 f.s.
7. Racing on a Highway 316.191 f.s.
8. Reckless Driving 316.192 f.s. (Please note that the maximum penalty for a first time reckless without property damage can include up to ninety days in jail)
9. Refusal to Submit to Testing 316.1939 f.s.
10. Boating under the Influence (BUI) 327.35 f.s.
v. Driving under the Influence (DUI)

1. Impairment Only 316.193 f.s.
2. Balance above .15 or prior DUI 316.193 f.s.(subsection 4)
3. Other DUI cases to include, but not limited to, second, third and subsequent DUI(s), DUI on a bicycle, DUI Property Damage, and DUI with a minor under 18 in a vehicle.

Once your case is resolved, I will also look into your case to determine whether you are eligible to have your record Expunged or Sealed. Please look into the Record Sealing Section for more information as to how the process works.

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The information provided in this website does not constitute legal advice and is provided only for Informational Purposes.

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