A Felony is any offense that may result in imprisonment in the state prison for one year or more. A misdemeanor is any offense that may result in imprisonment in the county jail for one year or less. The most common felonies have a charging range of 16 months, 2 years or 3 years. That means that if the court believes you are not suitable for probation, you can receive at least 16 months in State Prison and quite possible more depending on what charges you are facing.
|Felony Class||Examples||Maximum Jail Sentence||Maximum Fine|
|Capital Felony||Murder||Death or life imprisonment with no parole||–|
|Life Felony||40 years to life||$15,000|
|First Degree (1st) Felony||Drug Trafficking||30 years||$10,000|
|Second Degree (2nd) Felony||Aggravated Battery||15 years||$10,000|
|Third Degree (3rd) Felony||Aggravated Assault, Possession of a Controlled Substance, Carrying a Concealed Firearm||5 years||$5,000|
Some common felonies are: Assault with a Deadly Weapon, Burglary, Grand Theft, Robbery, Felony D.U.I., Felony Hit and Run, Child Molestation, Sexual Battery, Rape, Statutory Rape, Sex with a Minor, Gun Possession, Attempted Murder, Murder, Manslaughter, Dealing in Stolen Property, Possession of Drugs, Trafficking in Drugs, Embezzlement, Resisting Arrest With Violence, and Battery on a Police Officer.
Just because you are charged with a felony doesn’t mean you are headed upstate to the penitentiary. We will make every effort to have your court grant you probation instead of State Prison. We have been successful in hundreds of cases where clients were facing State Prison and walked away with Probation and the opportunity to expunge their records after their probation is over. A felony conviction has the potential to not only send you to prison for many years, but to also wreck havoc on your criminal and work record for the rest of your life. We realize that most of us simply need a second chance, and by procuring probation on your case, this not only secures your freedom but gives you the very real possibility to clear the felony off your record.
At Allen & Abaray, P.A. we know what judges and prosecutors are looking for when it comes to granting someone probation as opposed to prison. The keys are very simple. Our attorneys will know the facts of your case cold. We know the weaknesses and strengths of your case. The key is to let the prosecutors that have your case know that their case is not the “slam-dunk” winner that they think it is. We expose the issues and possible weaknesses to the prosecutors to give them the incentive to resolve your case with probation. Prosecutors are just like everyone else, they don’t like to lose. So when you point out some real weaknesses that you’ve spotted on their case, they are more likely to agree to a favorable plea agreement than to risk losing at trial.
The other key factor is to “humanize” our clients to the prosecutors and judges. Most lawyers are so much involved in the procedures in court that they forget that their clients are real people who have positive qualities and people that love them. We make a point of asking all our of our clients to provide us with positive information about themselves so that when we are discussing your case with the prosecution or the judge, you are not just another defendant in court or another file on their desk, but a good person who has made a mistake, someone who deserves a second chance.
Important factors in granting probation are a person’s record (or lack thereof), the circumstances of the offense, remorse, restitution and any other mitigating circumstances. In order for you to ensure your best opportunity to be granted probation on your felony charges, you need they kind of attorney that knows felonies inside and out, is willing to aggressively push for probation, and can present your situation to the judges and prosecutors in the best light possible.
All Felonies in Florida are the most serious that our laws allow and their consequences are just as devastating. You deserve the best defense when your freedom and your future are on the line. Please call us for a free consultation regarding your felony charges at (863) 669-6899.
For over twenty years, the law firm of Allen & Abaray, P.A. has provided exceptional statewide representation for injury victims, and the families of those who are injured or killed by the conduct of others. While our personal injury lawyers are based in Lakeland, we represent clients throughout the State of Florida.
Allen & Abaray, P.A. offers a free consultation in all personal injury cases. If you have been injured or lost a loved one in any type of accident, call (863) 669-9999 or toll-free at (877) 669-6899 today to speak with a Lakeland personal injury attorney about your case. We won’t charge an attorney’s fee unless we recover money for your injuries.*