MISDEMEANORS
A misdemeanor is a crime that is punishable by no more than 1 year of jail or probation. While reading about some of the Florida misdemeanors below, you may not think they are even a big deal, but rest assured, they will seem like a big deal if a Law Enforcement Officer ("LEO") arrests you. For some misdemeanors, the LEO has the option to arrest you or write you a Notice to Appear ("NTA"). If you are issued an NTA, it will look like a "ticket" and if you miss your arraignment date, a warrant will be issued for your arrest. Many times, LEO's will issue a NTA or arrest with minimal evidence of probable cause and my experience and training has given me the skills to highlight that lack of evidence to the prosecutor and argue that they drop the case.
On many misdemeanors, certain parties involved may think what happened was important while others will not. Sometimes people mistakenly call the police because they want an individual temporarily removed from a place or they want law enforcement to act as an intermediary between two people. Unfortunately, the LEO's only job is to investigate crime and that usually leads to someone getting arrested, whether the 911 caller wants that to happen or not. If the LEO believes that they have probable cause to arrest, then they probably will. Fortunately for a person unexpectedly facing misdemeanor charges, I can thoroughly evaluate the case to determine whether the evidence meets the high standard required for prosecution which is proof beyond a reasonable doubt.
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Call (407) 274-7501 or email seth@sethhymanlaw.com to schedule a consultation with DUI attorney and criminal defense lawyer Seth Hyman today!
RESISTING AN OFFICER
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The crime of Resisting An Officer Without Violence is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
To prove the crime of Resisting An Officer Without Violence, the State must prove all of the following four elements beyond a reasonable doubt as to at least one of the alleged victims:
1. Defendant resisted victim.
2. At the time, victim was engaged in the lawful execution of a legal duty.
3. At the time, victim was an officer.
4. At the time, defendant knew victim was an officer.
TRESPASS
The crime of Trespass in an Unoccupied Structure or Conveyance is a second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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The crime of Trespass in an Occupied Structure or Conveyance is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Trespass in a Structure or Conveyance, the State must prove the following three elements beyond a reasonable doubt:
1. Defendant willfully entered or remained in a structure or conveyance.
2. The structure or conveyance was in the lawful possession of victim.
3. Defendant’s entering or remaining in the structure or conveyance was without authorization, license, or invitation by victim or any other person authorized to give that permission.
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To prove the crime of Trespass in a Structure or Conveyance After Warning, the State must prove the following three elements beyond a reasonable doubt:
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1. Defendant had been authorized, licensed, or invited to enter or remain in a structure or conveyance.
2. The lawful possessor of the premises warned Defendant to depart.
3. Defendant refused to depart.
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The crime of Trespass on Property other than a Structure or Conveyance is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Trespass on Property other than a Structure or Conveyance, the State must prove the following four elements beyond a reasonable doubt:
1. Defendant willfully entered upon or remained in property other than a structure or conveyance.
2. The property was in the lawful possession of victim.
3. a. Notice not to enter upon or remain in that property had been given by actual communication to the defendant or posting or fencing of the property; or
b. The property was the unenclosed curtilage of a dwelling and Defendant entered or remained with the intent to commit a crime thereon other than trespass.
4. Defendant’s entering upon or remaining in the property was without authorization, license, or invitation from victim or any other person authorized to give that permission.
CRIMINAL MISCHIEF
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If under $200 in damage, this crime is a second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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If between $200 and $1,000 in damage, this crime is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Criminal Mischief, the State must prove the following three elements beyond a reasonable doubt:
1. Defendant injured or damaged property.
2. The property injured or damaged belonged to person alleged.
3. The injury or damage was done willfully and maliciously.
PETIT THEFT
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If the property stolen was under $100 in value, this crime is a second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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If the property stolen was between $100 and $300 in value, this crime is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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A person who commits Petit Theft and who has previously been convicted of any theft commits a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation
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To prove the crime of Petit Theft, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant knowingly and unlawfully obtained or used, or endeavored to obtain or to use, the property alleged of victim.
2. Defendant did so with intent to, either temporarily or permanently,
a. deprive victim of their right to the property or any benefit from it; or
b. appropriate the property of victim to their own use or to the use of any person not entitled to it.
CULPABLE NEGLIGENCE
Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
To prove the crime of Culpable Negligence, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant
a. exposed victim to personal injury; or
b. inflicted actual personal injury on victim.
2. They did so through culpable negligence.
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Culpable negligence is a course of conduct showing reckless disregard for human life, or for the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or shows such an indifference to the rights of others as is equivalent to an intentional violation of such rights.
THREAT TO HARM A PUBLIC OFFICIAL
The crime of Threat to Kill or Do Serious Bodily Harm to a Public Official or Family Member of a Public Official is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Threat to Kill or Do Serious Bodily Harm to a Public Official or Family Member of a Public Official, the State must prove the following three elements beyond a reasonable doubt:
1. Defendant threatened to kill or do serious bodily harm to the person receiving threat.
2. At the time, the person receiving threat was a law enforcement officer, state attorney, assistant state attorney, firefighter, judge, elected official or family member of that official.
3. Defendant knew victim was a law enforcement officer, state attorney, assistant state attorney, firefighter, judge, elected official or family member of that official.
CONTRIBUTING TO THE DELINQUENCY OF A CHILD
The crime of Contributing to the Delinquency of a Child is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Contributing to the Delinquency of a Child, the State must prove the following element beyond a reasonable doubt:
1. Defendant knowingly committed an act, which caused, tended to cause, encouraged, or contributed to victim to become a delinquent child in need of services; or
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2. Defendant, knowingly, by act, threat, command, or persuasion, induced, endeavored to induce victim to live in a manner that caused or tended to cause victim to become or remain a delinquent child in need of services.
OFFERING TO COMMIT PROSTITUTION
For a first offense, this crime is a second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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For a second offense, this crime is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Offering to Commit, Committing, or Engaging in Prostitution, Lewdness, or Assignation, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant offered to commit, committed, engaged in prostitution, lewdness, assignation.
2. At the time, defendant was 18 years of age or older.
USE OF A FIREARM WHILE IMPAIRED
The crime of Using a Firearm While Under the Influence is a second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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To prove the crime of Using a Firearm While Under the Influence, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant used a firearm.
2. Defendant was under the influence of an alcoholic beverage, any chemical substance, any controlled substance when affected to the extent that their normal faculties were impaired, when using the firearm.
FALSE REPORTS TO LAW ENFORCEMENT
The crime of Giving False Information Concerning the Commission of a Crime is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Giving False Information Concerning the Commission of a Crime, the State must prove the following five elements beyond a reasonable doubt:
1. Defendant knowingly gave information about the alleged commission of a crime.
2. Defendant knew the information was false.
3. Defendant gave the false information to [name of law enforcement officer].
4. [Name of law enforcement officer] was a law enforcement officer.
5. Defendant knew that [name of law enforcement officer] was a law enforcement officer.
DISORDERLY CONDUCT
For a first offense, this crime is a second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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To prove the crime of Disorderly Conduct, the State must prove the following element beyond a reasonable doubt:
Defendant
a. committed an act or acts that was of a nature that corrupted the public morals; or
b. outraged the sense of public decency; or
c. affected the peace and quiet of persons who witnessed the act; or
d. engaged in brawling or fighting.
POSSESSION OF CANNABIS
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If under 20 grams, this crime is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or supervised probation.
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To prove the crime of Possession of a Cannabis, the State must prove the following elements beyond a reasonable doubt:
1. Defendant knew of the presence of a substance.
2. Defendant exercised control or ownership over that substance.
3. The substance was Cannabis.
Possession of a substance may be sole or joint, that is, two or more persons may be aware of the presence of a substance and may jointly exercise control over it. In that case, each of those persons is considered to be in possession of the substance.
POSSESSION OF DRUG PARAPHERNALIA
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The crime of Possession of Drug Paraphernalia is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Possession of Drug Paraphernalia, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant knew of the presence of drug paraphernalia.
2. Defendant possessed the drug paraphernalia with intent to use it to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, store, conceal a controlled substance or inject, ingest or introduce a controlled substance into the human body.
ASSAULT
The crime of simple Assault is a second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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To prove the crime of simple Assault, the State must prove the following three elements beyond a reasonable doubt:
1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
2. At the time, defendant appeared to have the ability to carry out the threat.
3. The act of defendant created in the mind of victim a well-founded fear that the violence was about to take place.
BATTERY
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The crime of simple Battery is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of simple Battery, the State must prove the following element beyond a reasonable doubt:
1. Defendant intentionally touched or struck victim against their will; or
2. Defendant intentionally caused bodily harm to victim.
STALKING
For simple Stalking, this crime is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Stalking, the State must prove the following element beyond a reasonable doubt:
Defendant willfully, maliciously, and repeatedly followed, harassed or cyberstalked victim.
“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.
UNLICENSED CARRYING A CONCEALED WEAPON
The crime of Unlicensed Carrying a Concealed Weapon is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Unlicensed Carrying a Concealed Weapon, the State must prove the following three elements beyond a reasonable doubt:
1. Defendant knowingly carried on or about their person a weapon or an electric weapon or device.
2. The weapon or electric weapon or device was concealed from the ordinary sight of another person.
3. At that time, defendant was not licensed to carry a concealed weapon or electric weapon.
DISCHARGING A FIREARM IN PUBLIC
The crime of Discharging a Firearm in Public or on Residential Property is a first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or 1 year supervised probation.
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To prove the crime of Discharging a Firearm in Public or on Residential Property, the State must prove the following element beyond a reasonable doubt:
Give a, b, c, and/or d as applicable.
a. Defendant knowingly discharged a firearm in a public place; or
b. Defendant knowingly discharged a firearm on or over the right of way of a paved public road, highway, or street; or
c. Defendant knowingly discharged a firearm over an occupied premises; or
d. Defendant recklessly or negligently discharged a firearm outdoors on property used primarily as the site of a dwelling.