If you have been charged with a 1st-degree misdemeanor, Florida criminal defense attorney Andrew Buda at Buda Law is here to help. He and his team are committed to defending individuals against misdemeanor charges of all kinds throughout Tampa, FL and the surrounding Hillsborough and Pinellas Counties.
While misdemeanors may not seem severe to some, first-degree misdemeanors can result in serious penalties, including up to a year in jail. Fortunately, regardless of the nature of your charges, a Tampa misdemeanor defense attorney at Buda Law can fight on your behalf and protect you from the potential penalties you may be facing. Our experienced criminal defense attorneys can fight against the state’s accusations and help you achieve the best possible outcome for your case, all while ensuring that your rights are protected throughout the legal process.
Let us help you understand your options, develop your defense, and work toward achieving a successful conclusion of your case, whether that’s dropped, dismissed, or reduced charges. Call (813) 322-2832 to schedule a free consultation with an attorney on our team today.
What is a First Degree Misdemeanor in Florida?
Under Florida law, criminal offenses are classified into felonies and misdemeanors, with felonies being more severe than misdemeanors. Each category is then divided into multiple degrees of severity, with misdemeanor crimes being split into two degrees: first and second degrees. This is outlined in Florida Statutes § 775.081.
First-degree misdemeanors are the most severe of the two degrees, making them one degree less severe than third-degree felony charges, which are the lowest-level felonies. While first-degree misdemeanors are less severe than felonies, they can still carry serious penalties, including fines, jail time, and a mark on your permanent record.
First Degree vs. Second Degree Misdemeanors
If you have been charged with a misdemeanor in Florida, you will be charged with either a first-degree or a second-degree misdemeanor. Once again, first-degree misdemeanors in Florida are more severe than second-degree misdemeanors and carry harsher penalties, but both carry penalties that are less severe than those assigned for felony crimes.
If you are accused of a crime, it’s important to know the severity of your charge and the punishments you may be facing. Just because you may be facing misdemeanor charges does not mean you shouldn’t worry about what happens next. A Tampa criminal defense lawyer can evaluate the charges against you and help you understand the punishments associated with that specific offense, whether it’s considered a first or second-degree misdemeanor or even a Florida felony offense.
Examples of First Degree Misdemeanors
In Florida, some common examples of first-degree misdemeanor crimes include:
- Simple battery
- Certain acts of domestic violence
- Petit theft (second offense)
- Possession of marijuana (less than 20 grams)
- Driving under the influence (DUI) (second offense without aggravating factors)
- Criminal mischief (causing damage between $200 and $1,000)
- Violation of a restraining order
- Stalking and harassment (without aggravating factors)
- Indecent exposure
It’s important to note that, in some situations, these crimes can result in felony charges depending on the accused’s circumstances. An experienced criminal defense attorney can help you understand the severity of the charges against you and ensure that you know the potential punishments you may be facing.
What Happens if You Get a Misdemeanor?
If you get charged with a misdemeanor in Florida, you may first be arrested by police and booked into jail, where your fingerprints and photographs will be taken. Then, you will likely have your first court appearance within 24 hours, where a judge will set your bail. From there, you will receive a court date for your arraignment, where you will enter a plea.
After being charged with a misdemeanor, the best thing you can do for yourself is reach out to a knowledgeable criminal defense lawyer who can help defend you and your rights throughout the criminal defense process. They can help you navigate the criminal justice system, negotiate with prosecutors, and build a strong defense on your behalf if your case goes to trial.
Can You Go To Prison for a Misdemeanor?
In Florida, you can be sentenced to up to one year in jail for a first-degree misdemeanor. This means that if you are convicted of a first-degree misdemeanor, you may be ordered to spend time behind bars in a county jail.
However, a jail term is not the same as a prison term. You most likely will not have to serve time in a state prison for misdemeanor charges. State prisons are typically reserved for those with longer prison sentences, like felony cases.
Florida First-Degree Misdemeanor Penalties
In Florida, a first-degree misdemeanor charge is punishable by up to one year in jail, up to $1,000 in fines, or both. Additional consequences may include probation, community service, mandatory counseling or treatment programs, and a permanent criminal record.
What Happens If You Are Convicted of Multiple Misdemeanor Offenses?
If you are charged with a misdemeanor and you have a history of other misdemeanor convictions or you’ve been previously convicted of the same crime, you may face additional penalties. In Florida, prosecutors can seek additional penalties for habitual misdemeanor offenders, which can lead to longer jail terms.
Habitual Misdemeanor Offender Penalties in Florida
According to Florida Statutes § 775.0837, if you are found guilty of repeat misdemeanors, you can be asked to serve 6 months to a year in jail, 6 months to a year under house arrest, or 6 months to a year in a residential treatment center.
You can be considered a habitual misdemeanor offender if you have been convicted of the same misdemeanor offense before as an adult, or if you have been convicted of 4 specific misdemeanors in the past year. These include Florida misdemeanor crimes under the following criminal chapters:
- Domestic violence
- Assault and battery
- Firearm offenses
- Prostitution
- Lewdness and indecent exposure
- Arson and criminal mischief
- Burglary and trespass
- Theft crimes
- Fraud
- Forgery and counterfeiting
- Check crimes
- Obstruction of justice
- Public intoxication and loitering
- Drug abuse
- Arrests
Do I Need a Criminal Defense Attorney for a 1st Degree Misdemeanor?
While it’s not legally required, if you are facing misdemeanor charges in Florida, having a criminal defense lawyer on your side can help ensure that you receive the best possible outcome in your case. A skilled attorney can help you navigate the challenging and ever-changing legal system, protect your rights, and potentially reduce or dismiss charges.
They can also negotiate plea deals, gather and present evidence, and represent you in court, increasing the likelihood of a favorable outcome. Without an attorney, you risk facing the maximum penalties and having a criminal offense on your permanent record, which can affect your future employment and personal opportunities.
If you have been charged with a first-degree misdemeanor in Tampa, FL, trust Buda Law with your misdemeanor case. Our attorneys have extensive experience handling a variety of misdemeanor cases and can help defend you and your rights both inside and outside of the courtroom.
At Buda Law, we understand the serious implications of a misdemeanor conviction and will work tirelessly to minimize the impact on your life. Our criminal defense attorneys have experience handling misdemeanors, felonies, and even capital offenses in Florida. As a qualified federal criminal defense lawyer, Andrew Buda can also represent defendants charged with federal crimes. Whatever the charges levied against you, our legal team is here to provide you with a thorough understanding of Florida’s legal system and the specific challenges you may face.
Buda Law Can Help You Fight Your Tampa Misdemeanor Charges
At Buda Law, we are proud to provide the residents of Tampa, FL, with aggressive and effective defenses against misdemeanor charges. Whether you’re facing allegations of simple battery, petty theft, DUI, or another first-degree misdemeanor criminal charge, our experienced attorneys are here to provide unparalleled legal help and vigorously fight for your rights.
We understand the stress and uncertainty that come with being charged with a crime, and we’re here to guide you through every step of the legal process with the clarity and compassion you deserve. Led by Attorney Andrew Buda, our Tampa criminal law firm has experience handling a variety of different criminal charges, including both misdemeanor and felony charges, and can help you with your specific case.
Don’t face misdemeanor charges alone. Call Buda Law at (813) 322-2832 or contact us via our website to schedule a free consultation with a criminal defense lawyer on our team today.