Criminal Defense in Florida

In Florida, assault (§ 784.011) is an intentional threat plus apparent ability that creates a well-founded fear of imminent violence — no contact required — and is a second-degree misdemeanor. Battery (§ 784.03) is actually touching or striking someone against their will, a first-degree misdemeanor. Aggravated assault (§ 784.021) with a deadly weapon is a third-degree felony, and aggravated battery (§ 784.045) is a second-degree felony.

Florida grades crimes by degree (§ 775.082): felonies run third-degree (up to 5 years) up to capital and life, while misdemeanors are first-degree (up to 1 year) or second-degree (up to 60 days). County Court handles misdemeanors and Circuit Court handles felonies. You have the right to counsel and the presumption of innocence, and the 10-20-Life law (§ 775.087) sets firearm mandatory minimums — confirm current penalties.

Florida's drug laws are in Chapter 893, which sorts controlled substances into Schedules I–V (§ 893.03). Possession is generally a third-degree felony (§ 893.13), but possessing 20 grams or less of cannabis is a first-degree misdemeanor — more than 20 grams is a third-degree felony. Trafficking (§ 893.135) is defined by weight and carries mandatory minimum prison terms, with no withholding of adjudication. Confirm current weights and penalties.

Florida DUI law (§ 316.193) makes it illegal to drive impaired or with a BAC of 0.08 or more. Penalties escalate: a third DUI within 10 years is a third-degree felony, and a fourth is a felony regardless of timing. Implied consent (§ 316.1932) means refusal suspends your license. Because § 316.656 bars withholding adjudication for DUI, a DUI is always a conviction — so it can never be sealed or expunged. Confirm current penalties.

Florida lets you seal (§ 943.059) or expunge (§ 943.0585) certain court records. Core eligibility: no prior convictions, you can do it only once in a lifetime, and the case must have had adjudication withheld — a conviction can't be sealed or expunged, which is why all DUIs are excluded. A statutory list of disqualified offenses (§ 943.0584), such as murder, sexual battery, and drug trafficking, can never be sealed or expunged even with no priors.

Florida grades theft by the value of what was taken (§ 812.014). Under $100 is a second-degree misdemeanor; $100 to under $750 is petit theft, a first-degree misdemeanor; $750 to under $20,000 is grand theft in the third degree (a felony); and the grade climbs to first-degree grand theft at $100,000 and up. The $750 petit/grand line was raised from $300 effective Oct. 1, 2019. Confirm current dollar tiers.