Winter Park Criminal Defense Lawyer

Potential Penalties in a Criminal Law Case

If you have been charged with a DUI, or any other crime in Winter Park, you can face a variety of penalties. The most obvious consequence of a conviction is the potential for jail time. Even a first-offense DUI can mean a sentence of up to six months in prison. In addition, you could face the loss of your driver’s license for an extended period of time.

Many misdemeanors can lead to time in jail, which is difficult no matter the length of the sentence. For any criminal conviction, there are a number of collateral effects that can follow you for perhaps the rest of your life, including:

• Difficulty getting a job that requires a background check
• Loss of public benefits, such as housing
• Loss of your right to vote (until you satisfy the conditions of your case)
• Loss of your ability to own a firearm
• A change in the status of your custody case
• Being ordered to undergo substance abuse counseling and testing

The Standard of Proof in a Criminal Law Case

Regardless of whether you have been charged with a DUI, or any other criminal offense, the standard the prosecutor must meet to earn a conviction is always the same. The prosecutor must prove every single element of the charges against you beyond a reasonable doubt. This standard is akin to 100% certainty, such that no reasonable juror could reach any other conclusion based on the evidence that was presented to them.

The prosecutor is the one who must prove their case. Your attorney can both challenge their evidence or witnesses and present witnesses of your own that could negate one or more elements of the alleged crime.

The Difference Between a Felony and a Misdemeanor

In Winter Park, Florida, as in the rest of the state, crimes are classified into two main categories: felonies and misdemeanors. The primary differences between these classifications relate to the severity of the crime, the potential penalties, and the long-term consequences for the person convicted.

Felonies

• Severity: Felonies are considered more serious offenses.
• Examples: Murder, armed robbery, sexual assault, burglary, drug trafficking.
• Penalties:
  • First-degree felony: Punishable by up to life in prison and/or fines up to $10,000.
  • Second-degree felony: Punishable by up to 15 years in prison and/or fines up to $10,000.
  • Third-degree felony: Punishable by up to 5 years in prison and/or fines up to $5,000.
• Consequences: Convictions often result in significant prison time, loss of certain civil rights (e.g., voting, owning firearms), and more substantial long-term impacts on employment and housing opportunities.

Misdemeanors

• Severity: Misdemeanors are less severe than felonies.
• Examples: Petty theft, simple assault, vandalism, disorderly conduct, first-time DUI without injury.
• Penalties:
  • First-degree misdemeanor: Punishable by up to 1 year in county jail and/or fines up to $1,000.
  • Second-degree misdemeanor: Punishable by up to 60 days in county jail and/or fines up to $500.
• Consequences: Misdemeanor convictions can still impact a person’s life but generally involve shorter jail terms, smaller fines, and less severe long-term consequences compared to felonies.

Key Differences

1. Severity: Felonies are more severe than misdemeanors.
2. Penalties: Felonies carry longer prison sentences and higher fines.
3. Consequences: Felonies often lead to more severe long-term consequences, such as loss of civil rights and more significant barriers to employment and housing.

Some crimes may be charged as a felony or a misdemeanor based on the amount of criminal activity. For example, theft is a felony in Florida when it involves more than $750. DUI can rise to a felony when there are severe injuries or multiple prior convictions. In some cases, the prosecutor has discretion about how they will charge a crime, meaning that it is in your interest to make a strong legal showing early in your case.

Overview of DUI Defenses and Criminal Charges’

When you have been charged with a crime, you have several courses of action. Initially, you would plead not guilty. Your attorney could work with the prosecutor to reach a plea agreement, where you could face lesser charges or a reduced sentence, or take to the case to trial.

Your attorney could investigate your case to determine whether you have any possible defenses to fight the charges. Common defenses to criminal charges include:

• You lacked the necessary intent to commit a crime (many felony charges often require specific intent for a conviction)
• Law enforcement violated your rights during the arrest or questioning
• The prosecutor is relying on evidence that was illegally seized or is the “fruit of the poisonous tree from a wrongful search and seizure.”
• You were entrapped to commit a crime by law enforcement

In addition, you may challenge the evidence or the propriety of the traffic stop in a DUI case. Law enforcement needs to meet the standard of reasonable suspicion to make a traffic stop, and you claim that this was lacking in your case. You could contest the actual physical evidence being used against you by claiming that the Breathalyzer or blood tests results were flawed.

The Benefits of an Aggressive Criminal Defense Attorney

It is vital that you get help from an experienced criminal defense attorney as soon as possible after you have been arrested or indicted. You can make a mistake early in your case that can gravely complicate your own defense. In addition, you also need to show the prosecutor that you mean business when it comes to defending your case.

Hiring an attorney early can help you, both in leading to a full investigation of the charges against you and in developing any defenses that you may use at trial. In addition, you could end up in a stronger legal position should you choose to negotiate a plea deal in your case.

Contact a Winter Park, FL Criminal Defense Attorney Today

If you have been charged with a crime, you should immediately get in touch with the Alers Law Firm to schedule a free initial consultation. When you speak to a lawyer, you can at least get some reassurance that you have someone in your corner when the entire system seems like it is lined up against you. To speak with a Winter Park criminal defense attorney, you can call our criminal defense lawyers today at 407-930-4888.