February 28, 2023
A criminal charge can have significant implications for an individual’s life, including potential incarceration, fines, and other legal penalties. In addition to criminal penalties, a conviction can also result in civil penalties, such as job loss or deportation, and have a lasting impact on a person’s personal and professional reputation. An experienced Vero Beach, Fl criminal defense lawyer from Tuttle Law, P.A. is well prepared to represent those who are facing criminal charges.
Here are five frequently asked questions about Florida criminal defense law:
What is the difference between a misdemeanor and a felony?
In Florida, a misdemeanor is a less serious offense than a felony. Misdemeanors are typically punishable by up to one year in jail and/or a fine, while felonies carry a penalty of more than one year in prison and/or a fine. Additionally, a felony conviction can have significant consequences beyond incarceration, such as loss of voting rights, inability to own firearms, and difficulty finding employment or housing.
What are some common criminal defenses?
Some common criminal defenses often include lack of intent, self-defense, duress, entrapment, and insanity. A lack of intent defense argues that the defendant did not intend to commit the crime, while a self-defense defense asserts that the defendant acted to protect themselves or others. A duress defense argues that the defendant committed the crime because they were coerced or threatened, and an entrapment defense asserts that law enforcement coerced the defendant into committing the crime. An insanity defense argues that the defendant was not mentally competent to understand the nature of their actions.
What is the role of a criminal defense lawyer?
The role of a criminal defense lawyer is to represent individuals who have been accused of criminal offenses. This includes providing legal advice and guidance, representing the defendant in court, negotiating plea bargains, and advocating for the defendant’s rights and interests. A criminal defense lawyer may also conduct investigations, gather evidence, interview witnesses, and build a defense strategy designed to achieve the best possible outcome for their client.
What are the potential penalties for a criminal conviction?
The potential penalties for a criminal conviction in Florida vary depending on the offense and the circumstances of the case. Penalties may include fines, probation, community service, house arrest, incarceration, or a combination of these. In addition to criminal penalties, a conviction may also result in civil penalties, such as loss of professional licenses, job loss, or deportation if the defendant is not a US citizen. A criminal conviction can also have a significant impact on an individual’s personal and professional life, reputation, and future opportunities.
Can a criminal conviction be expunged?
In some cases, a criminal conviction in certain states, including Florida may be eligible for expungement or sealing. Expungement involves the physical destruction of a criminal record, while sealing involves restricting access to the record. Eligibility for expungement or sealing depends on a variety of factors, including the type of offense, the amount of time that has passed since the offense, and the defendant’s criminal history. If a conviction is expunged or sealed, the defendant may legally deny that the conviction occurred, and the record will not show up on most background checks.