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Felony and Misdeameanor Defense in Florida

The Demosthenous Law Firm handles cases as simple as second degree misdemeanors, such as Possession of Open Container, and cases as serious as ones punishable by life, such as first degree murder.

But what makes a misdemeanor different from a felony? What makes one felony more serious than another? In a word: Time. There are only two classifications of misdemeanors: second degree, punishable by up to 60 days county jail or six months probation (or a combination of the two), and first degree, punishable by up to a year in county jail or six months probation (or a combination of the two).

Felonies are defined as crimes punishable by a year or more of incarceration. A lot of people often ask me what the difference is between prison and jail, and the simple answer is that only a crime punishable by a year or more of incarceration can land you in prison.
That is more than one year year incarceration PER CHARGE: for example, if a person is convicted of two first degree misdemeanors, a judge is not allowed to max that person out for a total of two years and send them to prison. They would be in jail for the two years, minus any applicable gain time.

A third degree felony, the felony punishable by the least amount of prison, holds a maximum of 5 years prison prior to any applicable enhancements (ignore that last bit for now; we’ll get into enhancements in the near future).  A second degree felony is punishable up to 15 years prison, and a first degree felony is punishable by up to 30 years. A capital felony is punishable by life in prison, and a PBL (Possibility of Life) felony is also punishable by life in prison. Again, keep in mind that various felonies are subject to increased maximum exposure if various conditions are met.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

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William S. Foley, P.A.
Divorce and Family Law

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