Felony Charges in Miami
As with most states, charges can be categorized into two main areas; felonies and misdemeanors. Within those categories are several options or sub-categories as stipulated in the 1998 Florida Criminal Punishment Code, with misdemeanors being less severe than felony charges.
The standard tiers for felonies in the Miami area are first, second, and third degree. First-degree felonies are the most serious in nature and can carry time in prison of up to thirty years and a fine of up to $10,000.
Second-degree felonies can carry a punishment of up to 15 years in prison or probation and up to $10,000 in fines. Third-degree felonies can carry up to five years in prison or probation and fines of up to $5,000.
What Are Examples of Felony Charges in Florida?
Grand Theft – taking another’s property (or knowingly possessing or using another’s property) with a value greater than $750.
Child Abuse – neglect, abandonment, physical, sexual, or emotional abuse by a parent or guardian.
Drug Trafficking – intentional sale, manufacture, purchase, delivery, or possession above the limit allowed in Florida of any controlled substance.
Sexual Assault – forced sexual activity without the consent of another. This charge can also carry life or capital charges depending on the circumstances.
Kidnapping – imprisonment, confinement, or abduction of a person against their will.
Aggravated Assault – assault with the use of a deadly weapon.
Carrying a Concealed Weapon – carrying a concealed gun without a permit or under the age of 21. It also generally applies to an illegal resident who is carrying a gun.
Murder – charges for murder can range from felonies to life or punishment by death. Charges will vary based on extenuating circumstances.
Pretrial Release Options
Pretrial release options can include being released on your own recognizance, sometimes called ROR bonds. Police departments can also use citation releases or Promise to Appear (PTA) releases for those charged with felonies. The options will be dependent on the nature of the charges and other relevant factors. It is important to note that not everyone will have the same options, as they are typically determined on a case-by-case basis.
Under the Florida Statute on pretrial detention and release…, “no person charged with a dangerous crime shall be granted nonmonetary pretrial release at a first appearance hearing, however, the court shall retain the discretion to release an accused on electronic monitoring or recognizance bond if the findings on the record of facts and circumstances warrant such a release.”
This can mean that even if you are charged with a dangerous crime, the courts reserve the right to have discretion regarding whether or not you can be released through other means. By working with an experienced and assertive criminal defense attorney, you may be able to increase your chances of being granted release via electric monitoring or other means.
Pattern of Behavior
The courts also reserve the right to demand pretrial detention if a pattern of behavior exists, such as previous violations of release, similar prior convictions, the defendant has threatened other relevant parties to their case, such as witnesses or the victim, and more.
Due to this, it is nearly impossible to determine whether or not you will be eligible for release if you have been charged with a dangerous crime. Each case and extenuating circumstances will be reviewed to determine the defendant’s options.
With professional legal assistance, you can begin to assemble a strategy proving to the courts why you should be granted pretrial release, amongst the charges and possible extenuating circumstances.
If released, each accused must comply with several rules of their release. Typically, these rules are that the accused does not engage in criminal activity of any kind, they must abstain from having any violent contact with the victim or other people of interest regarding the case, being with a specified distance of the victim or their vehicle, initiating contact with the victim in any way, and any other stipulations the courts may impose on the accused.
Relentless Advocacy When You Need it the Most
With a strong and capable team on your side, you can ensure better chances at a release after your initial arrest while you wait for your trial. As a former assistant state attorney, Chad brings a unique understanding of criminal law to the table. He is determined and fierce in his quest to defend his clients, and is a tireless advocate for you or your loved one.
Chad and his team have a proven history of accomplishments, including defending his clients regarding misdemeanors, felonies, federal charges, probation violations, and much more. He is well-versed in criminal charges, is able to see the perspective of the prosecution to years in his background, and therefore can anticipate the moves necessary to strategically set you ahead of the game.
Chad and his team offer a free consultation to new clients. Contact his office at (786) 933-6242 to schedule your appointment. Don’t walk into the courtroom without a tireless team like Chad’s as your advocate. During your consultation you can discuss your specific case, the questions you have, and how to proceed. From there Chad and his team will help you to navigate a difficult time in your life so you can get back to the life you knew as quickly as possible.
We look forward to your call.