Below is an overview of some of the more common charges that Pearl & Thompson can represent you on—with a brief description of each charge. This is by no means an exhaustive list. We can handle nearly any charge that you are facing in Florida. Please reach out to us for more information.
Types of cases we handle
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Many people are unaware that this is a criminal offense where you could be facing jail or prison time. Driving on a Suspended License in Florida is when a person operates a vehicle knowing that their driver's license has been suspended, canceled, or revoked.
Penalties for this offense can include:
First Offense: Up to 60 days in jail and a fine of up to $500.
Second Offense: Up to 1 year in jail.
Third Offense: Classified as a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a fine up to $5,000
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Trafficking in Controlled Substances in Florida involves the illegal sale, purchase, manufacture, delivery, or importation of controlled substances. However, it can also involve simply possessing the drug in higher quantities.
Penalties for trafficking vary based on the type and amount of the substance involved. The severity of the penalties increases with the quantity and type of drug.
Minimum Mandatory Sentences: All trafficking charges carry some sort of minimum mandatory sentence with it, depending on the quantity alleged. If a person is convicted of the trafficking offense, it is required that they serve at least that amount of time in prison. Typically, the minimum mandatory for drug trafficking is 3, 7, or 15 years, depending on the quantity. If a firearm is alleged to have been used, the minimum mandatory will be higher.
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Fleeing to Elude in Florida is a serious offense that occurs when a driver willfully refuses to stop their vehicle after being ordered to do so by a law enforcement officer or after stopping drives away. This can escalate into high-speed chases or attempts to evade capture.
Penalties for fleeing to elude vary based on the circumstances:
Third-Degree Felony: Up to 5 years in prison, 5 years of probation, and a $5,000 fine.
Second-Degree Felony: If the fleeing involves high-speed or reckless driving, it can result in up to 15 years in prison, 15 years of probation, and a $10,000 fine.
First-Degree Felony: If the fleeing results in serious bodily injury or death, it can lead to up to 30 years in prison, 30 years of probation, and a $10,000 fine
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Failure to Register as a Sex Offender in Florida occurs when a person convicted of a sex crime does not comply with the legal requirement to register their information with the state. This includes updating their address, employment, and other personal details within a specified time frame after release from custody or upon changing residences.
Penalties for failing to register are severe: It is a third degree felony, which statutorily is punishable by up to 5 years in prison. However, many people charged with this offense score more than the statutory max and can actually receive much more time in prison than 5 years.
It is incredibly important to have an experienced attorney who understands the complicated nature of this to assist in your defense. The State almost always expects significant prison for these offenses, no matter how minor the violation appears.
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In Florida, homicide crimes are classified into several categories, each with distinct definitions and penalties:
First-Degree Murder: This involves premeditated killing or a death caused during the commission of certain felonies (like robbery or sexual battery). It is punishable by life imprisonment or the death penalty.
Second-Degree Murder: This is an intentional killing that is not premeditated or a death caused by an act demonstrating a depraved mind without regard for human life. It carries a penalty of up to life imprisonment.
Manslaughter: This involves the unlawful killing of a person without premeditation. It can be voluntary (in the heat of passion) or involuntary (due to reckless behavior). The maximum penalty is 15 years in prison for a second-degree felony, or up to 30 years for aggravated manslaughter.
Vehicular Homicide: This occurs when a person kills another due to reckless driving. It is typically classified as a second-degree felony, punishable by up to 15 years in prison, but can be elevated to a first-degree felony if the driver failed to render aid or give information.
DUI Manslaughter: This involves causing the death of another person while driving under the influence of alcohol or drugs. It is a second-degree felony, with penalties including up to 15 years in prison, but can be elevated to a first-degree felony under certain circumstances.
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A violation of probation in Florida, often referred to as VOP, occurs when an individual fails to comply with the specific conditions set by the court during their probation period. These conditions can include regular meetings with a probation officer, drug testing, community service, maintaining employment, and avoiding further criminal activity.
Violations can be categorized into two types:
Technical Violations: These involve failing to meet the specific conditions of probation, such as missing a meeting with the probation officer or failing a drug test.
Substantive Violations: These involve committing a new criminal offense while on probation.
If a violation is suspected, the probation officer can submit an affidavit to the court, and a judge will determine whether a violation has occurred. Penalties for violating probation can range from modifying the probation terms to revocation of probation and potential incarceration, up to the statutory maximum of the crime the person is on probation for.
People charged with VOPs have less rights than someone charged with a new offense. You do not have a right to a jury trial and the standard is lower than beyond a reasonable doubt. Even if it is just a technical violation, you could still face incarceration for the VOP.
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Driving under the influence (DUI) is defined under Fla. Stat. § 316.193. A first offense is a misdemeanor, punishable by up to 6 months in jail, a fine of up to $1,000, and mandatory probation with a substance abuse course.
DUI manslaughter, a second-degree felony, is punishable by up to 15 years in prison.
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Under Florida law, the crime of robbery is defined in § 812.13. Essentially, it is defined as taking something from someone through force or threat of force. Robbery can be classified into three categories: robbery with a firearm or deadly weapon, which is a first-degree felony punishable by up to life in prison; robbery with a weapon, which is a first-degree felony punishable by up to 30 years in prison; and robbery, which is a second-degree felony punishable by up to 15 years in prison.
Robbery by Sudden Snatching is a third degree felony, punishable by up to 5 years in prison.
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Lewd or Lascivious Molestation in Florida involves the intentional touching of a child's private areas in a lewd or lascivious manner, or forcing the child to touch the perpetrator. This crime is particularly severe when the victim is under 12 years old and the offender is 18 years or older1.
Penalties for lewd or lascivious molestation are severe. If the victim is under 12 and the offender is 18 or older, it is classified as a life felony, which can result in life imprisonment.
For victims aged 12 to 16, the offense is typically classified as a second-degree felony, carrying a maximum penalty of 15 years in prison.
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Possession of a Firearm by a Convicted Felon in Florida is when a person who has been convicted of a felony is found to have a firearm in their care, custody, possession, or control.
Penalties for this crime are severe. It is classified as a second-degree felony, which can result in up to 15 years in prison, and fines up to $10,000. If the person is found to be in actual possession of the firearm, there is a mandatory minimum sentence of three years in prison.
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Child pornography offenses are covered under Fla. Stat. § 827.071, which includes the production, distribution, and possession of child pornography. These offenses are typically classified as second-degree felonies, punishable by up to 15 years in prison.
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Arson in Florida involves intentionally and unlawfully setting fire to or causing an explosion that damages any structure or property. This includes dwellings, buildings, vehicles, and other structures.
Penalties for arson are severe and depend on the circumstances:
First-Degree Arson: If the property is occupied or the offender knows it could be occupied, it is a first-degree felony, punishable by up to 30 years in prison.
Second-Degree Arson: If the property is unoccupied, it is a second-degree felony, punishable by up to 15 years in prison
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The specific elements and penalties for drug possession depend on the type and amount of the controlled substance. This charge can also result in a suspension of your driver’s license. Generally, possession of a controlled substance without a valid prescription is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
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Theft is defined under Fla. Stat. § 812.014 and can range from petit theft to grand theft, depending on the value of the property stolen.
Petit Theft can be as low as a second degree misdemeanor, punishable by up to 60 days in jail or as high as a third degree felony, punishable by up to 5 years in prison.
Grand theft is most commonly a third degree felony, punishable by up to 5 years, but it can be as serious as a felony of the first degree, involving property valued at $100,000 or more and is punishable by up to 30 years in prison.
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There are many different types of Burglary charges and the penalties can vary widely. For example, a burglary involving entry into an unoccupied structure without assault or being armed, is a third degree felony, punishable by up to 5 years in prison.
A common burglary charge is Burglary of a Dwelling, which is a second degree felony and can carry mandatory prison, if convicted as charged. To prove this crime, the prosecutor must prove that the person entered the home (or the surrounding area, known as the curtilage) with the intent to commit a crime therein.
It can be a first-degree felony if it involves an assault, battery, or being armed, punishable by life imprisonment. A third-degree burglary, involving entry into an unoccupied structure without assault or being armed, is punishable by up to 5 years in prison.
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Simple battery is defined under Fla. Stat. § 784.03 as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm. It is a first-degree misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000.
Battery is what is known as an enhanceable offense. If you have prior battery convictions, it may result in your case being charged as a felony simply because of your prior convictions.
Further, if there are significant injuries alleged or a use of a weapon, it can sometimes be charged as Aggravated Battery, which is a second degree felony, punishable by up to 15 years in prison.
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Sexual battery is another charge that can vary widely. It can be anywhere from a second-degree felony to a capital felony, depending on the circumstances, such as the age of the victim and the use of a deadly weapon. Penalties can range from 15 years to life imprisonment.
Cases involving sex often have other collateral consequences, such as lifetime registration requirements. It is incredibly important that you have a lawyer who is experienced in these cases to represent you if you are charged with a sex offense.
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Contracting Without a License in Florida is a criminal offense that occurs when a person engages in contracting work or acts as a contractor without possessing a valid contractor's license. This includes falsely representing oneself as a licensed contractor, using another's license, or performing contracting work without the necessary registration or certification1.
Penalties for this crime can vary:
First-Degree Misdemeanor: For a first offense, it is typically charged as a first-degree misdemeanor, carrying penalties of up to 1 year in jail, 12 months of probation, and a fine of up to $1,000.
Higher Penalties for Repeat Offenses: If there are prior convictions, the penalties can escalate to felony charges with more severe punishments.
The State often charges this alongside other, more serious offenses, like Grand Theft or Scheme to Defraud. Often they are unable to actually prove these additional charges and you should speak with an experienced criminal defense attorney to discuss your options.
At Pearl & Thompson, our commitment to your legal needs extends beyond current criminal cases. We also provide assistance with a variety of other legal matters, including:
Injunction Hearings: Representation and guidance in obtaining or contesting injunctions.
Rights Restoration: Helping you restore your civil rights following a conviction.
Expungement and Sealing of Records: Assisting in clearing your criminal record to help you move forward.
Traffic Tickets: Providing legal support to contest and manage traffic violations.
Risk Protection Orders: Assisting with hearings to prevent the government from infringing on your Second Amendment right to own and possess a gun.
Early Termination of Probation: Filing and arguing motions to conclude your probation sentence ahead of schedule.
No matter your legal situation, our experienced team is here to help you navigate the complexities of the legal system with confidence and clarity. Contact us below to learn more and to explore your options.