Experienced Florida Criminal Defense Attorneys for State Crime Violations

When you face arrest or investigation by local law enforcement in Florida, understanding the difference between state and federal charges is critical to your defense strategy. Florida state crimes involve violations of laws enacted by the Florida Legislature and are prosecuted by state attorneys in county or circuit courts where the alleged offense occurred. Unlike violations of federal criminal law, which are typically prosecuted in United States District Courts, state crimes encompass everything from traffic violations and municipal ordinance violations to serious felonies carrying decades of imprisonment.

Early intervention by an experienced Miami criminal defense attorney can make the difference between facing formal charges and having a case resolved before arrest. Our legal team began our careers as prosecutors and public defenders in Florida’s state court system, giving us unique insight into how state attorneys build their cases and how to dismantle their evidence. We leverage this experience to defend clients against all types of misdemeanors and felonies in state court, from first appearance through trial and appeal.

Understanding the Classification of Florida State Crimes

Florida criminal law divides offenses into distinct categories that determine everything from court jurisdiction to potential penalties. Florida Statute 775.08 establishes the fundamental division between felonies and misdemeanors, while Section 775.081 further classifies these offenses by degree of severity.

The five degrees of felonies recognized under Florida law are:

  • Capital felonies (punishable by death or life imprisonment without parole);
  • Life felonies (punishable by life imprisonment);
  • First-degree felonies (the most serious non-capital offenses);
  • Second-degree felonies (serious crimes with substantial prison exposure); and
  • Third-degree felonies (the least serious category of felony offenses)

Misdemeanor offenses, while less serious than felonies, still carry significant consequences including incarceration, probation, and a permanent criminal record. Florida recognizes two degrees of misdemeanor offenses: first-degree misdemeanors and second-degree misdemeanors.

Maximum Statutory Penalties by Degree of Crime

The classification of a criminal offense directly determines the maximum punishment a court can impose upon conviction. Capital felonies represent the most severe category under Florida law and may result in either the death penalty or life imprisonment without the possibility of parole. First-degree felonies carry maximum penalties of 30 years in state prison, though certain statutes authorize life sentences for specific offenses.

At the other end of the spectrum, second-degree misdemeanors are the least serious category of criminal offense and carry a maximum sentence of 60 days in county jail. However, even misdemeanor convictions can result in probation, fines, community service, and collateral consequences affecting employment, professional licensing, immigration status, and housing opportunities.

The following table illustrates the maximum statutory penalties for each degree of offense under Florida law:

Category Degree Maximum Sentence
Felony Capital Death or Life Without Parole
Felony Life Life imprisonment
Felony 1st 30 years (Life when authorized by statute)
Felony 2nd 15 years
Felony 3rd 5 years
Misdemeanor 1st 1 year
Misdemeanor 2nd 60 days

Important Note: These are maximum statutory penalties. Actual sentencing may be governed by Florida’s Criminal Punishment Code, sentencing guidelines, mandatory minimum sentences, habitual offender provisions, and other statutory sentencing enhancements that can significantly increase or decrease the potential punishment in any given case.

Comprehensive State Crime Defense: Cases We Handle

Our firm provides aggressive, knowledgeable defense representation across the full spectrum of Florida state criminal charges. We handle cases at every stage of the criminal justice process, from pre-arrest investigation through post-conviction appeals and collateral relief. The following represents the types of state criminal cases our attorneys regularly defend in Florida courts:

Property Crimes and Theft Offenses

Drug Crimes and Controlled Substance Offenses

White Collar Crimes and Fraud Offenses

Violent Crimes and Crimes Against Persons

Sex Crimes and Offenses Against Children

Weapons and Firearms Offenses

Traffic Crimes and Vehicle-Related Offenses

Other Criminal Offenses

Post-Conviction and Compliance Matters

Contact an Experienced State Crimes Defense Attorney

If you or a loved one has been arrested, charged, or is under investigation for a state crime in Florida, time is critical. Early intervention by experienced legal counsel can mean the difference between a dismissed case and a conviction that follows you for life. Our attorneys are available to discuss your case and explain your options in a confidential consultation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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