St. Augustine Criminal Defense Lawyers

Misdemeanors vs. Felonies in Florida

Understanding the classification of your charge is vital to understanding the potential penalties. In Florida, crimes are broadly categorized into two groups: misdemeanors and felonies.

Misdemeanors

Misdemeanors are considered less serious than felonies but still result in a permanent criminal record. They are handled in St. Johns County Court.

• Second-Degree Misdemeanor: Punishable by up to 60 days in jail and a $500 fine.
• First-Degree Misdemeanor: Punishable by up to one year in jail and a $1,000 fine.

Felonies

Felonies are serious crimes handled in Circuit Court. A felony conviction often results in the loss of civil rights, including the right to vote and the right to possess a firearm.

• Third-Degree Felony: Up to 5 years in prison and a $5,000 fine.
• Second-Degree Felony: Up to 15 years in prison and a $10,000 fine.
• First-Degree Felony: Up to 30 years or life in prison (depending on the specific charge) and a $10,000 fine.
• Capital/Life Felonies: Punishable by life imprisonment or the death penalty.

No matter the degree of the charge, Owenby Law, P.A. treats every case with the highest level of urgency and detail.

The Criminal Defense Process in Florida

When you hire Owenby Law, P.A., we take a structured and aggressive approach to your defense. While every case is different, the criminal process in Florida generally follows these stages:

1. Investigation and Arrest

Law enforcement may begin investigating before charges are filed. If arrested, you will be booked and formally charged.

2. First Appearance and Bail

A judge will determine whether you can be released and under what conditions, such as bail or bond.

3. Arraignment

You will enter a plea—guilty, not guilty, or no contest. This is a critical stage where legal strategy begins.

4. Discovery Phase

Both sides exchange evidence, including police reports, witness statements, and video footage. This is where weaknesses in the prosecution’s case often emerge.

5. Pretrial Motions

Your attorney may file motions to suppress evidence, dismiss charges, or limit what the prosecution can use in court.

6. Negotiation or Trial

Many cases are resolved through plea negotiations. However, if necessary, we are fully prepared to take your case to trial and present a strong defense before a jury.

Having an experienced St. Augustine criminal defense lawyer can make a significant difference at every stage of this process.

Criminal Defense FAQs

Do I really need a lawyer for a misdemeanor charge?

Yes. Even misdemeanors can result in jail time, fines, and a permanent criminal record. A St. Augustine criminal defense lawyer can often reduce or eliminate penalties.

What should I do after being arrested?

Remain calm, exercise your right to remain silent, and request an attorney immediately. Do not discuss your case with law enforcement without legal representation.

Can my charges be dropped?

Yes, in some cases. Charges may be dismissed due to lack of evidence, procedural errors, or successful pretrial motions.

Will I have to go to trial?

Not always. Many criminal cases are resolved through negotiation, but we prepare every case as if it will go to trial to ensure the strongest defense possible.

After you’ve been arrested and taken into police custody, you may be released from jail if you can post bail. Bail is a sum that will be forfeit if the accused fails to appear for trial, and it can either be paid in full or by a hired bondsman for a percentage of the total.