A misdemeanor charge is one that, in general, carries a maximum jail sentence of less than one
year. A misdemeanor conviction may also result in fines and penalties, as well as the risk of
losing professional licensure or difficulty obtaining employment in the future. As part of your
misdemeanor defense, your criminal defense attorney may advocate for alternative sentencing
measures, including the Sarasota County work release program or probation. Your attorney will
also fight to keep the conviction off of your official criminal history; this is particularly
important if you need a clean record to maintain or obtain employment in your particular field. Misdemeanor crimes are less serious in nature than felonies and generally do not involve
extreme violence or extensive property damage. First or second DUI charges, simple assault,
petty theft (e.g., shoplifting) or disorderly conduct are all examples of misdemeanor crimes.
However, multiple and repeated charges for the same misdemeanor crime could eventually result
in a felony charge and possible lengthy jail time or hefty fines. For example, a third or fourth
DUI conviction may result in a felony charge. A theft crime may be classified as a felony if the
value of the stolen item is in excess of a certain dollar amount.
Those charged with a misdemeanor offense are often eligible for representation by a public
defender and may be tempted to try and defend the charges pro se. This is unwise for a number
of reasons and could result in an unnecessary conviction when an ample defense may have been
available. When you first meet with your attorney, you will discuss the facts surrounding your
arrest and charge, including the events leading up to the incident and any mischaracterizations
you believe were made by the arresting officers. Preparation for your misdemeanor trial may
include any of the following: - Interviewing witnesses and preparing witnesses to testify;
- Reviewing lab reports or the details of a field sobriety test;
- Speaking with arresting officers and examining the details contained in the arrest
report;
- Negotiating with the prosecutor to obtain a dismissal or reduction in charges;
- Offering an alternative sentencing arrangement to include rehabilitative treatment,
or;
- Arguing for the suppression of certain evidence obtained in violation of your
constitutional rights.
A criminal defense attorney cannot guarantee any particular outcome for your misdemeanor
case, but certain factors may make it more likely that you will obtain a favorable result. For
instance, if this is your first brush with the law or it has been a number of years since your last
conviction, this factor could gain you favor with the judge. Also, in cases involving drugs or
alcohol, successful completion of an education course or treatment program could result in a
dismissal or expungement of your arrest or conviction record.
If you were recently arrested or charged with a misdemeanor, contact our criminal defense law
firm as soon as possible so that we can formulate effective defense strategy to protect your rights
and livelihood. You are invited to call on Mr. Eisenberg, a Board Certified Criminal
Defense Attorney, to give you the aggressive defense that you will need during this
time. |