Navigating Other Criminal Charges in Florida

Defense for Property Crimes, Public Order Offenses, and More

Protecting Your Rights Against All Types of Criminal Accusations

Understanding Florida's Criminal Landscape

In Florida, criminal offenses fall into two main categories: misdemeanors and felonies, distinguished by their severity and potential penalties. While high-profile crimes like violent offenses or major drug trafficking often capture attention, a wide array of other criminal charges can significantly impact your life.

Charges related to property, public order, or other non-violent acts can still lead to serious consequences, including substantial fines, probation, jail time, and the lasting burden of a permanent criminal record. If you're facing any criminal charge, understanding the specific offense, its potential penalties, and the complexities of the Florida sentencing system is the first critical step in building your defense.

Common "Other" Criminal Offenses We Handle

Property Crimes

Theft (Petit & Grand): Unlawfully taking property (e.g., shoplifting, employee theft). Defenses often involve intent or ownership rights.
Burglary: Entering a structure, dwelling, or vehicle with the intent to commit a crime inside.
Criminal Mischief (Vandalism): Willfully damaging another's property (e.g., graffiti, destruction).
Trespassing: Unlawfully entering or remaining on property.
Dealing in Stolen Property: Knowingly trafficking or dealing property you know or should know is stolen.
Worthless Checks & Fraud: Issuing bad checks or engaging in other fraudulent practices.
Failure to Return Leased Property: Not returning rented or leased items as agreed.

Public Order & Obstruction

Disorderly Conduct / Breach of Peace: Actions that breach public order or corrupt public morals.
Resisting Officer (With/Without Violence): Opposing or obstructing law enforcement during their duties.
Underage Possession/Consumption of Alcohol: Illegal for individuals under 21.
Operating Business Without License: Running certain businesses without required state/local licenses.
False Report of a Crime: Knowingly providing false information to law enforcement about a crime.
Soliciting for Prostitution: Offering money or goods for sexual acts (Note: Conviction can lead to public database inclusion).

Potential Penalties for Criminal Offenses in Florida

Florida law classifies crimes and sets maximum penalties based on these classifications:

Misdemeanors

First-Degree Misdemeanor: Up to 1 year in county jail, $1,000 fine.
Second-Degree Misdemeanor: Up to 60 days in county jail, $500 fine.

Felonies

Third-Degree Felony: Up to 5 years in state prison, $5,000 fine. (Most common felony type)
Second-Degree Felony: Up to 15 years in state prison, $10,000 fine.
First-Degree Felony: Up to 30 years in state prison, $10,000 fine.
Life Felony: Life imprisonment, $15,000 fine.
Capital Felony: Death or life imprisonment without parole.

Beyond jail or prison time and fines, convictions can also result in probation, house arrest (community control), community service, mandatory classes or counseling, no-contact orders, driver's license suspension, and restitution payments to victims. A conviction also creates a permanent criminal record, impacting future employment, housing, and other opportunities.

How Florida Determines Felony Sentences: The Criminal Punishment Code (CPC)

For felony offenses (misdemeanors are not scored), Florida uses a points-based system called the Criminal Punishment Code (CPC) to guide sentencing. A scoresheet is prepared for each defendant, calculating points based on:

Primary Offense: The most serious charge, ranked by severity level (1-10).
Additional Offenses: Points for other charges in the same case.
Victim Injury: Points added based on the severity of harm to victims.
Prior Record: Points for previous criminal convictions.
Legal Status Violations: Extra points if the crime occurred while on probation, parole, or escape status.
Enhancements: Increased points for factors like firearm use, gang involvement, drug trafficking levels, or prior serious felonies.

The total score dictates the minimum permissible sentence:

44 Points or Fewer: The judge *may* impose non-prison sanctions (like probation).
More than 44 Points: The judge *must* impose a minimum prison sentence calculated based on the score, unless a valid reason for a downward departure exists.

Understanding your scoresheet is vital, as errors can occur, and challenging the points assigned is a key part of felony defense.

Seeking Leniency: Downward Departures & Mitigation

Even if your felony scoresheet total exceeds 44 points, indicating a mandatory minimum prison sentence, it's not always the final word. Florida law allows judges to impose a lesser sentence, including non-prison sanctions, if legally recognized grounds for a "downward departure" exist.

Valid reasons for departure are specific and must be argued effectively by your attorney. Examples might include substance abuse requiring treatment, the need for restitution outweighing imprisonment, minimal culpability, or cooperation with the state.

Furthermore, judges consider "mitigation" evidence – factors that lessen your moral blameworthiness or suggest you are a good candidate for rehabilitation. This can include your work history, family support, genuine remorse, steps taken towards self-improvement, or underlying mental health issues. Presenting compelling mitigation is crucial in persuading a judge to impose the most lenient sentence possible within the legal framework.

How an Experienced Criminal Defense Attorney Can Help

Facing any criminal charge in Florida is serious. The laws are complex, the procedures are strict, and the stakes are high. An experienced attorney like Jeff Lotter, with his background as a former State Trooper and Deputy Sheriff, provides invaluable insight and robust defense strategies. Here's how we can help:

Case Evaluation: Thoroughly analyze the facts, explain the charges, and outline potential penalties.
Defense Strategy: Identify and develop defenses specific to your case (e.g., lack of intent, mistaken identity, illegal search/seizure, entrapment).
Negotiation: Engage with the prosecution to seek charge dismissal, reduction, or favorable plea agreements.
Evidence Challenge: File motions to suppress unlawfully obtained evidence or challenge weak testimony.
Court Representation: Vigorously defend your rights in hearings and, if necessary, at trial.
Sentencing Advocacy: Argue for reduced scoresheet points, downward departures, probation, or entry into diversion programs (like Pretrial Intervention) that can lead to dismissal.
Mitigation Presentation: Gather and effectively present evidence highlighting your positive attributes and potential for rehabilitation.
Record Protection: Work towards outcomes that minimize the long-term impact of a criminal record, including exploring options for sealing or expungement where applicable.

Don't navigate the criminal justice system alone. Seeking legal counsel immediately after an arrest or charge is crucial for protecting your future.

Facing Criminal Charges? Get Help Now.

Contact Lotter Law today for a free, confidential consultation. Let our experience work for you.

Or, reach us directly:

Call or Text: 407-500-7000

Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801