Misdemeanors


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Misdemeanors.

There are so many misdemeanor offenses in the State of Florida that countless citizens violate these criminal statutes without even knowing.  Almost every aspect of our lives are regulated by criminal statutes.  Whether you are a person with no prior record who is charged with a misdemeanor and concerned about your record, and your job or you have been wrongfully charged, or you are afraid you may be sentenced to jail, we can help.  Call us to discuss your misdemeanor case. 

What is a Misdemeanor?

A "misdemeanor," defined in Florida Statute Section 775.08(2), means:
any criminal offense that is punishable under the laws of this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year.  The term "misdemeanor" shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.
So, a misdemeanor is a crime that is punishable by up to 1 year in a county jail.
What kinds of misdemeanors are there?

Under Florida Statute Section 775.081(2), there are 2 different classifications of misdemeanors:

First Degree Misdemeanor

Punishable by up to 1 year in jail

Second Degree Misdemeanor

Punishable by up to 60 days in jail

What are the possible fines for a misdemeanor conviction?

Florida Statute Section 775.083(1) provides for the maximum possible fines that a judge can assess against you for a misdemeanor offense, unless otherwise provided in a specific misdemeanor offense statute:

First Degree Misdemeanor

Up to $1000

Second Degree Misdemeanor

Up to $500

*   The judge can exceed these fines up to double the pecuniary gain derived from the offense or double the loss to the victim.  So, if the victim's loss was $1500, the judge could assess a $3000 fine.

What are some common misdemeanors in Florida?

  DUI
Domestic Battery
Simple Battery
Petit Theft
Shoplifting
Resisting an Officer Without Violence
False Report of a Crime
Disorderly Intoxication
Prostitution
Worthless Check
Trespass
and more!

*   Click on one of the misdemeanor offenses above to learn more about them or click here to learn about other misdemeanor or felony offenses.

What is an "Habitual Misdemeanor Offender?"

Florida Statute Section 775.0837 provides for habitual misdemeanor offender status.

An "Habitual Misdemeanor Offender" means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of 4 or more specified misdemeanor offenses which meet the following criteria:
  • The offenses, in relation to each other and the misdemeanor court before the court for sentencing are separate offenses that are not part of the same criminal transaction or episode, and
  • The offenses were committed within 1 year of the date that the misdemeanor before the court for sentencing was committed.

"Specified misdemeanor offense" means those misdemeanor offenses described in:
  • Chapter 741 - Domestic Violence
  • Chapter 784 - Assault; Battery; Culpable Negligence
  • Chapter 790 - Weapons and Firearms
  • Chapter 796 - Prostitution
  • Chapter 800 - Lewdness; Indecent Exposure
  • Chapter 806 - Arson and Criminal Mischief
  • Chapter 810 - Burglary and Trespass
  • Chapter 812 - Theft, Robbery and Related Crimes
  • Chapter 817 - Fraudulent Practices
  • Chapter 831 - Forgery and Counterfeiting
  • Chapter 832 - Violations Involving Checks and Drafts
  • Chapter 843 - Obstructing Justice
  • Chapter 856 - Drunkenness; Open House Parties; Loitering: Prowling: Desertion
  • Chapter 893 - Drug Abuse
  • Chapter 901 - Arrests

"Convicted" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. 

What happens if I'm found to be a Habitual Misdemeanor Offender?

If you are found to be an habitual misdemeanor offender, the court shall impose one of the following sentences:
  • a minimum 6 months in jail up to 1 year, or
  • a minimum 6 months in a residential treatment program, up to 1 year, or
  • a minimum 6 months home detention, up to a year.

* If the judge classifies you as an habitual misdemeanor offender, but finds that an alternative disposition is in the best interest of the community, the judge has the authority to deviate from the three sentencing options above.



If you or a loved one has been arrested for or accused of
Misdemeanor,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
 
or

407-228-2019 (Orlando). 

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