Orlando Felony Attorney
A felony charge is an incredibly serious type of criminal offense. Felonies range in severity but can result in prison time or even a life sentence. They are the most serious criminal charges, and an effective Orlando felony lawyer is necessary to craft a strategic defense on your behalf. If you have been charged with a felony offense, you have the right to a strong legal defense, and you need it to protect yourself.
Legal support is emotionally beneficial in a stressful situation like facing felony charges, but it is also beneficial for your legal rights and personal future. With legal representation, you are more likely to see the dismissal of the charges against you or reach a resolution to the case that mitigates the worst of the criminal penalties.
Former Prosecutor
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Criminal defense lawyer Robert B. Fisher works diligently to defend clients from felony charges. With 45 years of experience in the criminal justice system, Robert knows the requirements to defend your rights in an investigation, during pre-trial motions, and during a criminal trial. Felony charges can have devastating effects on your life, and you need a defense lawyer who serves your interests and can diligently and aggressively craft the right defense for you.
Robert B. Fisher can review your unique case, listen to your situation, and help you understand your legal routes for a defense. He can help investigate your arrest and the prosecution’s case and determine the ideal defense to protect your immediate rights and your future. He has a reputation earned on the results he provides for his clients.
How Is a Felony Different From a Misdemeanor?
A felony is a much more serious offense than a misdemeanor and typically has significant fines and longer jail sentences. The most serious felony can result in the death penalty, and even less serious felonies can affect your civil rights.
Like misdemeanors, felonies can be violent or non-violent, and how they are charged relies on this and other surrounding factors of the crime. Unlike misdemeanors, violent felonies are more likely to have maximum penalties of decades or life in prison. Felonies are also different because it is difficult or impossible to expunge them from a criminal record after conviction.
What Are Examples of Felonies?
There are numerous crimes that are considered felonies or which can become felonies with enough aggravating factors.
Drug offenses are often felonies, particularly with significant amounts of controlled substances or with more dangerously classed substances. Drug offenses are harshly punished by law enforcement. Some drug crimes that may be felonies in Florida include:
- Possession of certain controlled substances
- Sale of a controlled substance
- Manufacturing a controlled substance
- Drug Trafficking
There are also several violent crimes that are considered felonies, and many violent crimes are automatically felonies. These may include:
- Aggravated Stalking
- Aggravated Assault
- Battery against a law enforcement officer
- Violently resisting arrest
- Repeat offense for Driving Under the Influence (DUI)
- Possession of a firearm by a convicted felon
- Kidnapping
- Armed Robbery
- Child Abuse
- Domestic Violence
- Manslaughter
- Homicide
- Murder
Property crimes can also elevate to felony-level charges. Aggravating factors typically must be present for these crimes to become felonies, such as the involvement of a minor, the possession or use of a deadly weapon during the crime, high-value damage to or loss of property, or victims of the crime sustaining serious bodily injury. Some property crimes that could become felonies include:
- Grand Theft
- Arson
- Residential Burglary
- Grand Theft Auto
White collar crimes are generally non-violent, but they often have severe financial consequences on many individuals and families. If the amount of money stolen in these crimes is significant, it is more likely to be charged as a felony. Some white collar offenses that may be felonies could include:
- Extortion
- Embezzlement
- Money Laundering
- Tax Evasion
- Racketeering
- Identity Theft
- Fraud
There are several violent sex crimes that are automatically felonies or can become felonies, including:
- Sexual Battery and Rape
- Child Pornography
- Human Trafficking
Felonies are very serious charges which can result in imprisonment, fines, and many other collateral consequences. It’s important to find a lawyer who has experience in the type of charge you are facing because different felony charges may have different ideal defenses or require unique methods of investigation. A lawyer with this experience could more efficiently resolve your criminal case with the most favorable outcome.
Penalties for Types of Felonies in Florida
There are numerous felony offenses. These offenses are listed as different degrees of felony, which then determines the severity of the penalties. The types of felonies and their penalties include:
- Capital Felony: This is the most serious felony offense in Florida. A capital felony conviction results in up to life in prison without parole or the death penalty. The death penalty is applied if there are significant aggravating circumstances.
- Life Felony: Conviction of a life felony results in up to$15,000 in fines and up to life in prison. Certain life felonies, depending on when they were committed, have mandatory minimum sentencing of 25 years, 30 years, or 40 years.
- First-Degree Felony: A first-degree felony conviction results in up to $10,000 in fines and up to 30 years of imprisonment. However, there are certain unique circumstances where a first-degree felony could result in life imprisonment.
- Second-Degree Felony: Conviction of a second-degree felony results in up to $10,000 in fines and imprisonment of up to 15 years.
- Third-Degree Felony: A third-degree felony results in up to $5,000 in fines and up to five years of imprisonment.
In addition to imprisonment and fines, you may also have other aspects to your sentence, including probation or required community service hours. These are the direct criminal penalties from a conviction, but they are not the only consequences of a felony conviction. There are also collateral consequences of being a convicted felon.
What Affects the Severity of Your Penalties?
There are numerous aggravating or mitigating factors present in your unique case that may affect the degree of the charge and the resulting penalties. Some factors that influence the severity of your charges include:
- Your prior criminal record
- The age of the victim of the crime
- If there were additional criminal offenses committed during the commission of the crime
- Whether there was the use of threats, violence, or deadly weapons
Depending on your unique situation, these may aggravate or mitigate the sentence you receive. The help of a lawyer is crucial to limiting the consequences of a conviction.
Collateral Consequences of a Felony Conviction
Conviction of a felony can result in a loss of civil rights in Florida. This can include the right to vote, the right to hold public office, and the right to own and possess a firearm. This is only a consequence of a felony conviction. Misdemeanor convictions do not result in civil rights losses. This is one of the significant benefits of being able to reduce a felony charge to a misdemeanor.
However, both felonies and misdemeanors result in a permanent criminal record. A criminal record will appear in a background check and is a matter of public record. This can have numerous consequences on your life, including:
- Harm to your current employment
- Limited future employment opportunities
- Denial of governmental benefits, including types of governmental housing
- Limited housing opportunities
- Limited schooling acceptance and educational opportunities
Any criminal conviction could have these consequences, possibly for the rest of your life. While some convictions on your record could be expunged or sealed, this is not always possible. Many felony charges cannot be expunged. Avoiding a conviction is more effective at protecting your future. Whether you need a defense or want to look into expunging a conviction, a lawyer is very helpful.
Potential Defenses for a Felony Charge
The ideal defense for the felony charges you face will rely on the specific circumstances of the crime, your arrest, and the evidence the prosecution has against you. Sometimes, a strong defense is the right option, while in other cases, a plea deal may be in your best interests. Always talk your options over with an experienced lawyer. A lawyer can review plea deals to determine if they are the right option or if you have stronger defenses available.
There are several defenses that may apply to different felony offenses, including:
- Alibi or Innocence: This is a claim that you did not commit the crime and shows proof of you in another location at the time of the offense.
- Duress or Entrapment: This applies if you were forced to commit the crime under threat of serious injury or would not have typically committed the crime but were pressured by law enforcement.
- Mistake of Fact: In some offenses, you must knowingly commit the offense with criminal intent to be guilty. If you were unaware that you were committing illegal actions or did not intend to, this may be an effective defense.
- Consent: In certain violent or sexual offenses, the alleged victim may have consented to the actions, and charges were wrongfully pressed.
- Mistaken Identity or False Accusations: Depending on the offense, the victims or witnesses of the crime may have mistaken you as the offender when you were not, or they may be falsely accusing you of the crime. An alibi defense or questioning the certainty of witnesses may help prove you did not commit the crime.
- Necessity: If you needed to commit the offense due to immediate danger or an emergency, this may be a relevant defense.
- Self-Defense: This defense may be used in certain violent criminal offenses when you use force in response to an imminent threat to prevent you or another person from being harmed.
FAQs:
How much a felony criminal defense lawyer costs in Florida will depend, although a felony defense will likely cost more than a misdemeanor offense. The charges and penalties are more serious, so it may take more work to defend against the charges or mitigate their penalties. Other factors which influence the cost of a felony defense lawyer include:
- Whether the lawyer charges a flat fee or an hourly fee
- The lawyer’s experience and success in past defense cases
- Whether there are aggravating factors present in your charges
A convicted felon in Florida can lose certain civil rights. This includes the right:
- To vote
- To hold public office
- To serve on a jury
- To hold or renew certain professional licenses
These rights could be reinstated after criminal penalties have been completed. This does not apply to all felony restrictions. A convicted felon also loses the right to own and possess a firearm, and this right cannot be restored except under other specific requirements. A convicted felon also has certain travel restrictions.
Yes, there are situations where a felony can be dropped in Florida, such as if the prosecution determines there is insufficient evidence or if there is a strong defense presented by the defense.
If you want felony charges against you dropped, you need an experienced felony criminal defense lawyer supporting you, filing motions to suppress improperly obtained evidence, and gathering information to support your defense. There may be options to appeal a felony conviction, depending on your circumstances.
The most serious type of felonies in Florida are capital felonies, followed by life felonies. Capital felonies do not result in a fine but can be punishable by the death penalty. Capital felonies can also result in life imprisonment or a minimum of 40 years, depending on the specific circumstances of the offense. Life felonies are punishable by fines up to $15,000 and imprisonment for a minimum of 25 years, 30 years, 40 years, and up to life, depending on when the offense was committed.
Effective Felony Defense With Robert B. Fisher, P.A.
For many years, Robert B. Fisher has supported communities throughout Seminole County and the greater central Florida area. He is proud to provide effective and personalized criminal defense for his clients. You deserve diligent legal care in the face of serious criminal charges. Contact Robert B.Fisher, P.A. today.
