In Port Charlotte and the State of Florida, in general, when people think of a felony, they think of long prison sentences issued for serious crimes against another person that caused or had the potential to cause serious bodily harm or death. If you are convicted of a felony crime in Florida, the consequences will depend on the facts surrounding the case.
A felony is a crime that comes with a prison sentence of more than one year, compared to a misdemeanor crime, which usually comes with jail time of under one year, if any. If you have found yourself facing felony charges in Port Charlotte, Florida, you must seek legal representation straight away. Felony charges, even of the third-degree, will have serious consequences for you and your future.
A qualified criminal defense attorney from The Law Place can provide you with an aggressive and comprehensive defense. We can negotiate a resolution to lessen or reduce your charges or even seek to have your charges dismissed due to any legal or constitutional violations. So, do not waste any time. Contact us today at (941) 444-4444 for a free consultation.
Penalties for Felony Crimes in Port Charlotte, FL.
It can be difficult to classify a crime, as some can be more complicated than others. To determine which felony charges a defendant should face, a Port Charlotte lawyer will consider many factors. Things such as the severity of the crime, whether or not there was the threat or use of a weapon, the age of the victim, whether anyone suffered serious bodily injury or death as a result of the crime, as well as any prior convictions will all be taken in to account.
- Capital and life felonies – Capital and life felonies are reserved for some of the most serious crimes in Port Charlotte, FL. Capital felonies are punishable by life in prison without the possibility of parole. First-degree murder is an example of a capital felony. Life felonies are punishable by a fine of up to $15,000 and life imprisonment as per Florida Statute 775.082 and Florida Statute 775.083.
- First-degree felony – A felony in the first degree is punishable with up to thirty years in prison and up to $10,000 in fines. An example of a first-degree felony is the aggravated battery of a law enforcement officer whilst that officer was engaged in duties.
- Second-degree felony – A felony of the second degree is punishable with up to fifteen years in prison and up to $10,000 in fines. An example of a second-degree felony is selling marijuana to a minor.
- Third-degree felony – A felony of the third degree is the least serious type of felony and punishable by law with up to five years in prison and up to $5,000 in fines. An example of a second-degree felony is vehicle theft and trespassing whilst armed with a weapon.
- Prior felony convictions – If a defendant has been convicted of two or more felony crimes previously and is convicted with yet another felony, the penalties could be even more serious. Under one of Florida’s repeat offender sentencing schemes, habitual offenders may be sentenced to a lengthy prison term. This scheme is also known as the “three strikes, and you’re out” law and can be found under Florida Statute 775.084.
A Port Charlotte criminal defense lawyer from our law firm can help you to understand the charges that you may be facing. Contact us today for a free consultation.
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Examples of Felony Crimes in Port Charlotte County
According to state law, those found guilty of the following crimes in Port Charlotte would face felony charges:
- Sex crimes, including sexual battery, rape, molestation, and lewd acts.
- Robbery.
- Resisting arrest using violence.
- Kidnapping.
- Carjacking.
- Stalking.
- Homicide or murder.
- Domestic violence.
- Grand theft.
- Felony DUI.
- Possession of illegal drugs.
- Child abuse.
- Burglary.
- Battery, including battery of a police officer and aggravated battery.
- Assault, including aggravated assault.
These crimes involve violence towards another person and have the potential to result in serious bodily injury or death, which is why each one is classed as a felony. You can be convicted of more than one of these crimes, depending on the facts of the case. If you have been accused of one or more of these very serious crimes in Port Charlotte, you will need legal representation from a reputable law firm right away. Contact us now for a free consultation.
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Consequences of a Felony Conviction in Port Charlotte County
If you are found guilty of a felony crime in Port Charlotte, FL., the consequences will be devastating. Felony charges cannot be sealed or expunged from your record, so the consequences of your conviction will haunt you for life. The state places restrictions on felons in order to protect society, and this means that they will struggle to:
- Be considered for a new job or promotion.
- Gain or maintain employment in certain professions, such as in the care sector, due to background checks.
- Qualify for certain government social and housing benefits.
- Go to school.
- Run for office.
- Possess and purchase a firearm.
- Vote.
- Travel outside of the country.
- Fight for parental rights.
While some rights can be restored over time, many of these restrictions will apply for life. In addition, felons are subject to certain regulations, such as regular drug screenings and sobriety treatments.
For these reasons, it is vital that you do everything in your power to have your felony charges reduced to a misdemeanor or dismissed completely. This will only be possible with the help of an experienced Port Charlotte criminal defense attorney. Contact our law firm today for a free consultation.
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Building Your Defense in Port Charlotte County
Your Port Charlotte criminal defense lawyer will explore all the viable defenses that are available to you. Florida law recognizes the following defenses in all felony cases:
- Double jeopardy – This is a defense that is guaranteed by the Constitution of the United States if the rules apply in your case. The law states that you cannot be tried for the same crime twice after an acquittal or conviction has been reached.
- Duress – If there is evidence to show that you were forced to act in a certain way, or the crime was committed by you under threat of serious bodily injury or death.
- Entrapment – You were committing the crime under the direction of law enforcement as part of a sting or scheme.
- Infancy – You are under the age of criminal responsibility.
- Lack of capacity – You did not have control over your actions due to an altered mental state, delusion, or mental disability. For example, you were under the influence of a prescription drug that you had been legally prescribed.
- The mistake of fact – You were not aware that your actions were not legal.
- Necessity – You were under immediate threat, or there was an emergency, and the crime was committed to avoid serious harm to yourself or others.
- Self-defense – You feared serious bodily injury or death and had to use deadly force to avoid it.
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Statute of Limitations in Port Charlotte County, Florida
Any criminal prosecution in Port Charlotte must begin within a set period of time, otherwise known as “statute of limitations.” This period of time begins to run when the crime has been committed. A defendant must be charged before the statute of limitations has passed. Otherwise, they cannot be charged. More serious crimes usually have longer statutes of limitations compared to minor crimes. In the State of Florida, for life felonies, capital felonies, and felony crimes that have resulted in the death of another person, no statute of limitations applies. First-degree felony crimes typically have a four-year statute of limitations, and other felony crimes have a limitation period of three years. But this always depends on the felony crime that has been committed. A qualified lawyer can help you to better understand the statutes of limitations that may apply in your case. Contact us today for a free consultation with a criminal defense attorney.
What a Port Charlotte Criminal Defense Lawyer Can Do for You
The role of a Port Charlotte criminal defense attorney goes beyond the courtroom. Our law firm will support you from the very beginning by researching the law and all the facts surrounding your criminal case, collecting evidence, and collecting police and witness reports. No stone is left unturned. We know how to successfully scrutinize the prosecutor’s case to achieve a plea deal that works in your favor.
Due to overcrowded jails and political pressure, negations have become even more common in recent years. We can negotiate with the prosecution and potentially achieve a dismissal before your case has gone to trial. If this is not possible, we can argue for reduced charges, reduced sentences, or reduced bail. If we cannot negotiate a plea deal, we will be by your side at your trial. You should never accept a plea deal without consulting with a Port Charlotte criminal defense lawyer, as, although it may be tempting, it might not be the best deal for you.
The experienced criminal defense attorneys at The Law Place offer a personal service and an attorney-client relationship that is built on trust. At our law firm, we work as a team, so you will benefit from decades of combined knowledge and expertise. So, don’t hesitate, contact us today for a free consultation.
Call The Law Place Today for a Free Consultation
The serious penalties associated with any felony conviction in Port Charlotte can have severe consequences for you and your future. Therefore, having the right legal advice and the best representation is so crucial. Don’t attempt to fight these charges alone. Allow someone who has knowledge of Florida law to fight for justice on your behalf.
Our experienced criminal defense lawyers at The Law Place have over 75 years of experience between them and have helped thousands of people just like you in Port Charlotte County and the rest of Florida. We will fight to achieve a successful outcome in your criminal case by providing the best possible defense and protecting your rights.
The sooner you have a qualified lawyer on your side who understands Florida law, the better. So, don’t waste any time, call us today at (941) 444-4444 for a free consultation with a Port Charlotte criminal defense attorney.
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