Criminal Defense Lawyers in Martin County, Florida
How to Beat a Florida Criminal Charge
In Martin County, Florida, law enforcement and police work tirelessly to pursue charges against those accused of a crime. Specifically, prosecutors work in tandem with police in order to pursue the most severe criminal penalties possible, including imprisonment and stiff monetary penalties. Otherwise stated, these agencies muster together all of their resources to prevent the pubic from suffering harm.
While a person may choose to represent himself or herself in a criminal matter, this is highly risky, as it can lead to serious legal repercussions that can last a person’s lifetime. Accordingly, as soon as you have been arrested, it is critical that you contact a skilled Criminal Defense Attorney in Martin County who has knowledge of the legal process and the ins and outs of the courtroom and the presiding judge.
In Martin County, even misdemeanor offenses can have serious negative impacts on a person’s life. Although they are not as serious as felonies, a criminal misdemeanor conviction can still cause a person to be sent to jail, be forced to pay harsh monetary penalties, be subject to the terms of a lengthy probation period, lose his or her Second Amendment rights, face consequences in his or her career, and lose his or her professional license, among others.
The Types of Criminal Offenses in Florida
Florida State’s Legislature divides criminal conduct into felonies or misdemeanors and breaks them down into varying degrees, the maximum sentences for which include the following:
Maximum Incarceration Periods
Maximum Monetary Penalties
Jail Term of 60 Days
Jail Term of One Year
Prison Sentence of Five Years
Prison Sentence of 15 Years
Prison Sentence of 30 Years
Life in Prison without Parole
A presiding judge over a criminal matter must adhere to the terms found in Florida’s sentencing scoresheet, which were created to ensure that offenses committed across Florida are punished consistently. Accordingly, any person who is convicted of grand theft in Martin County will receive a similar sentence as an individual who is convicted of grand theft in a county other than Martin (so long as the circumstances of the case are similar).
It is important to note that a judge could divert from the guidelines provided in Florida’s scoresheet if he or she feels that a criminal case deserves more leniency. Conversely, a judge can also impose a more serious sentence in the case where aggravating factors are present (such as a blood alcohol concentration of 0.15 or greater in a DUI case).
A seasoned Martin County Criminal Defense Attorney knows exactly how much rides on criminal cases, and will therefore work tirelessly to defend his or her clients to the fullest extent of the law. In fact, it is quite possible that a person can face reduced charges or have their case outright dismissed. While no lawyer can guarantee a given result in one’s case, they can give you the best chance of having a favorable outcome in your case.
The Most Commonly Charged Offenses Filed in Martin County, Florida
Controlled Substance Laws and Regulations in Martin County, Florida
In the United States, Florida is well known for being aggressive when it comes to the prosecution of drug-related offenses. Specifically, many people are charged with a serious drug crime even when they were caught with only a small amount of a controlled substance in their possession. For example, police often arrest a person who sells a small amount of marijuana only as a way to afford his or her own drug habit. At Musca Law, we compassionately represent those facing drug-related charges, as we understand that many are dealing with addiction issues that require treatment rather than incarceration. In other words, if a person is sent to jail who is addicted to drugs, he or she will not have the opportunity to be properly treated. This is why the Martin County Criminal Defense Attorneys at Musca Law argue that our clients be sent for treatment rather than to prison.
Florida Statutes Chapter 893 codifies laws regarding drugs. This statute provides a list of prohibited actions, details the schedule that classifies controlled substances, and correlates crimes to their related sentences. The attorneys at Musca Law, we regularly represent clients facing all types of drug-related offenses, including:
- The sale, distribution, and/or possession of drugs;
- Possession of heroin, cocaine, opioids, methamphetamine, Fentanyl, and stimulants such as Adderall or other controlled substances; and
- Drug trafficking.
Aa noted above, our skilled Martin County Drug Crime Defense Lawyers fight tirelessly to have our clients face sentencing alternatives such as:
- Drug detoxification;
- Drug addiction and dependency counseling programs such as inpatient or outpatient treatment;
- Probation; and
- Enrollment in dual diagnosis programs.
Domestic Violence Crimes in Martin County, Florida
Domestic violence-related offenses are heavily prosecuted in Martin County. Even so, many individuals are falsely accused of committing an act of domestic violence in order for the accuser to obtain leverage in a case such as a highly-contested custody battle. Notwithstanding, police must place a person under arrest if he or she was subject to allegations of domestic violence, even if they are false, misleading, exaggerated, or misrepresented.
Section 741.28 of the Florida Statutes provides a codification of Florida Domestic Violence Laws. Under this statutory section, only specified relationships qualify as domestic. Children, former spouses, people who share a child in common, spouses, parents, siblings, and individuals who reside in the same hose or used to reside in the same home will be considered domestic relationships for the purposes of Florida criminal law.
There are severe consequences that come with being convicted of domestic violence in Martin County. In particular, minimum mandatory sentencing may apply, and also, a judge could decide to impose strict probation terms that the defendant will struggle to meet. Moreover, if the offender possesses ammunition and firearms, he or she must forfeit those to police. Enrollment in Batterer’s Intervention Programs is also often mandatory for convicts.
Sex-Based Crimes in Martin County, Florida
Martin County law enforcement and prosecutors take an aggressive approach when it comes to convicting suspects accused of sex-based crimes. Each sex crime case begins with claims of sexual abuse. Every defendant is innocent until he or she is convicted in a court of law. The prosecutor must admit evidence in court, convincing a panel of jurors that the allegations are truthful beyond a reasonable doubt.
Musca Law’s Martin County Sex Crime Defense Attorneys have significant experience representing clients facing the following charges:
- Sex offender registration-related crimes;
- Possession of child pornography;
- Aggravated sexual battery;
- Aggravated sexual assault;
- Lewd or lascivious acts;
- Human trafficking;
- Sexual battery; and
- Sexual assault.
Sex-based offenses are resource-intensive, and there are serious repercussions associated with a conviction, including imprisonment, sex offender registration, and mental health treatment at a state-run treatment center.
Individuals facing sex offense charges in Martin County should contact an experienced Martin County Defense Lawyer at Musca Law. Hiring an experienced attorney is the best option to protect your rights.
Martin County, Florida Impaired Driving Cases
DUI matters are very serious in Martin County, Florida. While the majority of DUIs constitute misdemeanor-level offenses, they can still result in serious repercussions, including jail time and stiff monetary penalties. There are additional consequences associated with DUIs, which Florida Statutes §316.193 details. Related penalties include community service, probation, license suspension, compulsory installation of ignition interlock devices in one’s vehicle, and the requirement to attend driver’s education classes.
At Musca Law, we understand the serious nature of DUI cases and will work tirelessly to represent clients facing the charges found below:
- Serious bodily injury DUI;
- Hit-and-run DUI or failure to render aid DUI;
- Commercial vehicle DUI;
- DUI manslaughter;
- Property damage DUI;
- Aggravated DUI; and
Martin County, Florida Crimes Involving Theft
Florida Statutes §812.014 codifies the state’s theft laws. Theft in Florida relates to a variety of different crimes involving the taking of another individual’s property without consent and with the intent to deprive him or her thereof.
At Musca Law, we understand that there is a lot at stake in theft-based offense cases in Martin County. Our skilled Martin County Theft Defense Attorneys regularly represent individuals who have been charged with the following theft crimes, such as:
- Burglary (See, F.S.§810.02);
- Identify theft (See, F.S.§817.568);
- Grant theft;
- Larceny; and
- Petit theft.
Violence-Based Offenses in Martin County, Florida
Seasoned Martin County Criminal Defense Attorneys who regularly handle litigation matters are well versed at handling violent crime cases in Martin County, Florida. These types of serious cases are multi-faceted and require a significant amount of resources. A skilled Martin County Violent Crime Defense Attorney will undertake a thorough examination of the matter in his or her effort to develop a strong defense case.
Multiple defenses are available for individuals accused of committing a violent crime. Some possibilities include self-defense, defense of another person, and third-party culprit defenses.
The experienced Martin County Criminal Defense Lawyers at Musca Law vigorously defend our clients when they face the following charges:
- Arson (F.S. §806.01);
- Murder (F.S. §782.04);
- Assault and Battery (F.S. §784.011, See also F.S. §784.03);
- Robbery (F.S. §812.13);
- Rape/Sexual Battery (F.S. § 794.011);
- Vehicular Manslaughter (F.S. §782.071);
- Aggravated Battery (F.S. §784.045);
- Manslaughter (F.S. §782.07); and
- Attempted Murder (F.S. §782.051).
Those accused of violent crimes may be subject to life in prison and, in severe cases, the death penalty. Accordingly, if you are being investigated or have already been charged with a violent crime, reach out to the skilled team of legal advocates at Musca Law as soon as possible so that your attorney can develop a well-strategized defense.
White-Collar Crime and Cyber Crime Offense Matters in Martin County, Florida
White-collar crimes pertain to offenses that involve one person exerting influence over another person or the perpetrating of certain crimes done in secrecy. White-collar claims include those involving theft, embezzlement, perjury, identity theft, bankruptcy fraud, Ponzi schemes, tax fraud, wire fraud, money laundering, conspiracy, counterfeiting, and racketeering.
Cybercrimes qualify in Florida as white-collar crimes due to the fact that they typically include the use of the internet for the purposes of exploitation, drug deals, selling illegal goods, the distribution of child pornography, running of prostitution rings, cyberstalking, and soliciting minors for sexual gratification.
At Musca Law, our skilled team of Martin County White-Collar and Cyber Crime Defense Lawyers are well versed at handling a full range of white-collar and cybercrime cases in Florida. We are also highly familiar with technology, which is necessary to understand in order to launch the strongest defense strategy possible on behalf of a person accused of committing a cybercrime.
Martin County, Florida Juvenile Crime Cases
Children make mistakes, and sometimes that means that they may face the juvenile justice system. The good news is that the juvenile justice system and the penalties associated with this system have changed and are heavily focused on rehabilitation than punishment. Specifically, scientific research reveals that the brains of minors do not fully mature until adulthood, such as when the juvenile is in his or her mid-twenties. Female brains mature quicker than male brains. Notwithstanding, brain maturity has been proven to be a slower process than people previously believed. As such, this has changed the manner in which the juveniles are treated in the criminal justice system.
At Musca Law, our skilled Martin County Juvenile Justice Defense Attorneys right vigorously for children subject to criminal charges to undergo rehabilitation and education rather than sent to a juvenile detention center. We understand that children who are incarcerated in juvenile detention centers are more likely to engage in criminal conduct as an adult. Hence, it is critical that a seasoned attorney fights for alternatives to juvenile detention for young clients so these individuals can lead a crime-free life moving forward.
Protective Injunctions in Martin County
Florida codifies laws pertaining to protective injunctions in Section 784.046 and Section 784.0485 of Florida’s Statutes. These laws enable a victim of violence in Martin County, Florida, to seek what is known as a protective injunction, which is intended to protect the person from further threats or violent acts. A protective injunction is a civil, as opposed to a criminal, remedy that protects a person in imminent fear of their safety due to repeat violence, stalking, dating violence, sexual violence, and domestic violence. Even though a protective injunction matter is handled by a civil court, they nonetheless have serious repercussions and could even amount to criminal sanctions if violated. Keep in mind that there are some people who pursue a protective injunction for the purpose of gaining leverage in a case such as a family law proceeding. This why it is critical to work with a skilled Martin County Protective Injunction Defense Lawyer to help you to fight for your legal rights.
In order to obtain a protective injunction, an individual, termed a petitioner, is required to file with the court clerk a sworn petition. Once filed, the judge assigned to the matter reviews the document so as to ascertain whether a temporary injunction is warranted. A temporary injunction, also known as a temporary restraining order, is a temporary order, as its name suggests, that is meant to provide protection for the petitioner up until the time of the final hearing, which is typically scheduled fifteen days after the petition is filed. It is important to note that a judge can deny a temporary injunction yet schedule a final hearing date.
Once a temporary injunction has been issued, the respondent, who is the person who is the subject of the order, will be served by the Martin County Sheriff’s Office with the injunction order, a notice detailing the date and time of the final hearing, and a copy of the petition. At this juncture, it is critical for a respondent who has just been served to hire a skilled Martin County Protective Injunction Defense Lawyer in order to delay or continue the final hearing date, so as to have more time to develop a successful defense strategy.
During the final hearing, both parties may present their arguments, which will involve the admission of evidence to support their cases, including documentation such as text messages, emails, social media postings, phone logs, photographs, and handwritten letters. The parties have the right to call witnesses who will provide testimonies on their behalf, and each party will have the opportunity to cross-examine them. At the hearing’s completion, the judge will decide whether or not to issue a permanent injunction, the terms of which may last for a certain period of time or indefinitely.
Musca Law: Experienced Criminal Defense Lawyers in Martin County, Florida
At Musca Law, we understand that facing criminal charges in Martin County, Florida, can be frightening and leave you uncertain about your future. Our skilled team of Stuart Criminal Defense Lawyers, has over 150 years of collective legal experiencing representing clients facing a wide range of different charges, from capital murder, to human trafficking, and more. Do not wait to seek out the services of an attorney, as your freedom and livelihood are at stake. Contact Musca Law now at (888) 484-5057 to learn more about your legal rights and options.