How to Beat a Criminal Charge in the State of Florida
Defense Against Miscellaneous Crimes in Florida
At Musca Law, our criminal defense attorneys represent clients facing charges for a wide variety of criminal allegations. Florida law codifies many criminal offenses in statutes. For instance, many drug-related crimes, violent crimes, and sex-related crimes are listed in statutes that detail sentencing guidelines and other considerations. However, in Florida, not all crimes fit neatly into one category or another.
Miscellaneous crimes are sometimes those that are based on common law, as opposed to statutes. Common law is developed through judicial rulings, whereas statutory crimes are created by the legislature. Regardless of the charges, Musca Law's attorneys work to protect our client's rights and futures. We understand how important it is for everyone to have a strong and committed legal defense. Call us today at (888) 484-5057 to discuss your case with one of our dedicated lawyers.
Some Examples of Miscellaneous Crimes in Florida
Although some miscellaneous crimes may fall within a category, they often do not do so in a way that fits neatly into the words of the statute. Musca Law's attorneys defend our clients against any criminal charges, including the following:
- Attempted crimes
- Accessory after the fact
- Accessory before the fact
- Obstruction of justice
- False reports to law enforcement
- Harassment and stalking
- Criminal mischief
- Petty theft
- Disorderly conduct
- Cruelty to animals
- Commission of a felony crime for hire
Defendants facing any of the above charges need to understand that prosecutors aggressively pursue cases against Florida's criminal defendants. The sentences and other penalties accused offenders face will vary greatly depending on the crime with which they were charged and other specific facts related to that offense. For instance, if the crime involved a victim, that person's degree of harm can impact the potential sentence. Additionally, criminal defendants with prior convictions on their record will face harsher outcomes and more severe penalties.
Hiring an attorney provides a defendant with a legal advocate who understands how to navigate the criminal court system and who can help develop a strategy to protect that alleged offender's rights and their future. Convictions result in serious consequences, even if the prison time is minimal or non-existent. A criminal record can lead to stigmas, complications with relationships, difficulty obtaining employment, other negative effects that will follow a person throughout his or her life.
The appropriate defense strategy will depend heavily on the facts of your case. Your attorney may find that the state lacks the evidence needed to convict you. Remember that you are innocent until proven guilty and that the standard for convicting a criminal defendant is beyond a reasonable doubt. Such a standard is a high bar for prosecutors to meet. In many cases, the state will lack the necessary evidence to prove guilt and will be forced to drop the charges. Other times, there may be ample evidence for the state to obtain a conviction. Your attorney may find that the best option is to negotiate a plea deal with the prosecutors. Many criminal cases do not go to trial and result in an agreed-upon plea bargain. However, your attorney should be prepared to take your case to trial if he or she believes the prosecutors are not willing to negotiate a reasonable or favorable outcome in your case.
Defending Against Criminal Charges in Florida
Facing criminal charges in Florida is extremely frightening. Even suspects who know that they are innocent will find the process extremely frustrating and stressful. Never assume that you will be able to make the charges go away by arguing or explaining the situation. It is vital that you consult with a professional criminal defense attorney to understand the best course of action to take and ensure that you do not forfeit any of your rights. The law provides protections for those accused of crimes. Understanding your rights and having a legal advocate who is there to safeguard those rights and to offer guidance can help ensure the best possible outcome in your case. Hiring an attorney will come with costs, and while public defenders are available, they often are working with limited resources and extremely high caseloads. A private attorney will have more resources at his or her disposal and be able to devote more time to tailoring a defense for your particular situation.
Regardless of the charges that you were facing, there will be defenses or strategies available. For instance, the Fourth Amendment of the United States Constitution provides you with rights that prevent against unreasonable searches and seizures. If police improperly obtained a warrant to search you or otherwise violated your rights, the evidence that those officers acquired should be suppressed. The suppression of evidence will mean that it cannot be used against you in a court of law as part of an effort to convict you of a crime. As mentioned above, the state must meet a high burden of proof to convict you. If your attorney can raise legal violations carried out against you to force the removal of evidence from the prosecutor's case, the state may lack the evidence needed to convict you.
In other cases, there might be defenses because you might not have violated the law. Florida's "stand your ground" law will sometimes apply for defendants accused of certain violent crimes. Various forms of self-defense or defensive others might be applicable in some cases. Identifying possible legal defenses requires careful legal analysis.
Even after the trial, attorneys can file motions to correct, modify, or clarify a sentence, or to vacate a conviction. In some instances, attorneys may request a new trial. Any of these are the result of legal issues that occur during the proceedings. Contacting an attorney is the first step and learning what defenses exist in your case, and what legal options are available to you.
Contact Musca Law Today For You Free Case Review
At Musca Law, our experienced criminal defense attorneys work throughout the state of Florida to rigorously defend the rights of individuals accused of committing criminal offenses. Call us today at (888) 484-5057 to speak to one of our dedicated Florida criminal defense lawyers. Your future depends on the steps you take next.