Experienced Criminal Law Representation
Some areas of law are more self-explanatory for the sorts of things encompassed in that area of specialty. Criminal law encompasses a great many infractions that range from things like traffic violations and drug paraphernalia possession to assault, theft, and violations of probation. Even infractions like boating under the influence (BUI) are considered criminal cases. If you are facing criminal charges, seek out representation who understands the ins and outs of your case.
Here at Matthews & Matthews, LLP, our team of Florida attorneys is experienced in a variety of legal specialties, including a wide range of criminal law charges. Explore below to see all of the major categories of criminal law and see whether this might be the subset of legal practice that fits the charges you or your loved one faces. If you are facing charges like these in Destin, Niceville, Santa Rosa Beach, or anywhere along the Emerald Coast, connect with the legal team at Matthews & Matthews, LLP, and we can connect you with the best representation to help with your case.
Criminal Law Cases Can Include:
- Assault and Battery
- Boating Under the Influence (BUI)
- Driving Under the Influence (DUI)
- Burglary and Theft
- Domestic Influence
- Drug and Paraphernalia Possession
- Expunging or Sealing of Criminal Records
- Minor in Possession
- Violation of Probation
- Traffic Violations
Assault and Battery
Assault, battery, aggravated assault, and aggravated battery are all serious criminal charges with substantial penalties and jail time. Early representation is critical to your defense.
- Assault is defined as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
- An Aggravated Assault is “an assault with a deadly weapon without intent to kill; or with an intent to commit a felony.”
- Battery occurs when a person “actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.”
- A battery becomes an aggravated battery if, in committing battery, a person “intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement,” “uses a deadly weapon,” or “if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.”
Penalties for Assault & Battery in Florida
- Assault is a second degree misdemeanor, which has a maximum penalty of "a $500 fine and up to 6 months of probation, 60 days imprisonment, or a combination thereof". FL Statute §784.011
- Battery is a first degree misdemeanor, which has a maximum penalty of “a $1,000 fine and up to 12 months of probation, 12 months imprisonment, or a combination thereof”. “A misdemeanor battery may be enhanced to felony battery, a third degree felony, if the offender has one prior conviction for battery, aggravated battery, or felony battery (regardless of whether adjudication is withheld or a plea of nolo contendere is entered) and they commit any second or subsequent battery. The maximum penalty for a third degree felony is a $5,000 fine and up to 5 years of probation, 5 years imprisonment, or a combination thereof” . FL Statute §784.03
- An aggravated assault charge is a felony assault third degree felony, which has a maximum penalty of “a $5,000 fine and up to 5 years of probation, 5 years imprisonment, or a combination thereof”. FL Statute §784.021
- An aggravated battery is a second degree felony, which has a maximum penalty of “a $10,000 fine and up to 15 years of probation, 15 years imprisonment, or a combination thereof”.
BUI
BUI stands for boating under the influence. Similar to DUI, Florida law prohibits operating a vessel while impaired by alcohol, drugs, or a combination of both.
In Florida, a person can be charged with BUI if they are operating a vessel and:
- have a blood or breath alcohol concentration (BAC) of 0.08 or higher, or
- are impaired by alcohol, drugs, or a combination of both to the extent that their normal faculties are impaired.
“Normal faculties” include the ability to see, hear, walk, talk, judge distances, and perform the mental and physical acts of daily life.
A “vessel” includes boats, jet skis, and other watercraft. Operating a vessel while impaired can pose serious risks to passengers, other boaters, and swimmers. As with motor vehicles, the risk of injury increases with speed and impaired judgment. Florida law establishes strict standards to promote safety on the water and reduce alcohol- and drug-related incidents.
(See Fla. Stat. § 327.35)
Burglary and Theft
A theft crime is the act of stealing another person’s property without consent. If a person is convicted of a theft crime they face numerous life altering legal consequences such as: imprisonment, monetary fines, restitution, probation and community service.
Domestic Violence
Domestic violence charges are some of the most difficult to deal with, for all parties involved. Due to the relationships between the parties, these cases can carry an emotional stress that isn’t always present in other criminal charges.
Consequences for domestic abuse may include:
- Counseling sessions
- Batterers’ intervention programs
- Community service time
- Losing the right to stay in your home
- Jail time
- Court orders to stay away from your partner and/or children
- Anger management sessions
- Loss of custody
- Heavy fines and court fees
- Revocation of ability to own, possess, and/or carry firearms or other weapons
- Inability to seal or expunge a domestic violence charge from your record
- Enhancement from a misdemeanor to a felony
Drug and Paraphernalia Possession
Drug offenses involve the use, sale, or distribution of illegal narcotics such as: marijuana, cocaine, heroin, methamphetamines, or unauthorized prescription drugs.
In the State of Florida, all drug offenses involve strict legal punishments. If a person is convicted of a drug crime, they may be punished with imprisonment, monetary fines, court-ordered rehabilitation programs, probation, community service, and drug offender registration. A convicted drug offender may also lose their right to drive and obtain student loans.
DUI
In the State of Florida, you can be arrested for driving under the influence (DUI) when operating a motor vehicle with a blood alcohol level (BAC) of .08 or higher.
You can also be arrested for DUI if the police believe your "normal faculties" are impaired due to you being under the influence of alcohol, a controlled substance, and/or a chemical substance.
If you are found guilty of driving under the influence, you are subject to heavy penalties including, but not limited to:
- Probation
- Imprisonment
- Loss of your driving privileges
- Fines and court costs totaling over $1,000
- Completion of a substance abuse evaluation and any recommended treatment
- A minimum of 50 hours of community service
- Vehicle impoundment and installation of ignition interlock devices on your vehicle
Sentencing will depend upon the number of convictions and the severity of the crime.
(See Fla. Stat. § 316.193)
Expungement or Sealing of Criminal Records
If you have a criminal record in Florida, you may already be aware of how this has affected your life. Criminal arrests and convictions are official public records, which means they are ultimately available to anyone. Sealing or expungement allows you to put much of your past behind you so you can move forward.
Minor in Possession
Under Florida law, anyone under the age of 21 years old cannot possess alcohol. Possession of Alcohol by a minor is a second degree misdemeanor and carries serious consequences. A second or subsequent conviction enhances the offense to a first degree misdemeanor.
Violation of Probation
Violations of probation are offenses where a convicted individual who has received a probation sentence rather than jail time violates the restrictions of probation in some way. Upon discovery of the violation, the individual’s probation officer can do one of two things: give a warning, or take the individual to court for a probation violation hearing. At a probation violation hearing a judge will review the evidence and make a decision regarding punishment.
If the basis of the violation of probation is a new criminal offense, punishment will be based on the maximum penalty of the underlying offense that put you on probation, plus the maximum penalty for the new criminal offense.
If the basis of the violation of probation is a technical violation, or a substantive violation other than a new criminal offense, punishment is limited to the maximum penalty of the underlying offense that put you on probation.
Traffic
Traffic violations can be serious and have lasting consequences, such as the suspension of your driving privileges, increase of insurance rates and potential jail time if you are pulled over for driving with a suspended license. Tickets for substantial offenses may require your presence in court and may result in hefty fines.
Practicing Attorneys
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