Miami Felony Crimes Attorney
Helping Clients Fighting Felony Charges in Miami-Dade County
Felony crimes in Florida are regarded as the most severe, carrying substantial penalties, including long-term imprisonment, hefty fines, and a permanent criminal record. A criminal record can alter the course of one’s life by limiting job prospects, jeopardizing housing applications, and even preventing college admissions.
Common felony offenses in Florida include a wide range of charges, such as:
Homicide and Involuntary Manslaughter
Severe Assault and Battery
At Tomas Law Firm, we're committed to securing the best possible results for our clients. Our seasoned Miami felony crimes attorney has a wealth of experience, both in courtrooms and boardrooms. We will relentlessly fight for your rights, regardless of the complexity of the case.
Contact us online today to schedule a consultation with our Miami felony crimes attorney.
Felony vs. Misdemeanor Charges in Florida
In Florida, criminal charges are classified as either felonies or misdemeanors, depending on the crime's severity, the accused's criminal history, and other factors like involvement in other violent acts. The potential penalties upon conviction determine whether a crime is considered a felony or misdemeanor.
Understanding Felony Crime Charges
Felonies carry heftier sentences than misdemeanors, often resulting in a minimum sentence in state or federal prison. Unlike misdemeanor cases, felonies don't have preliminary hearings and can impose life-long restrictions. Florida recognizes three primary felony degrees: 1) third-degree, 2) second-degree, and 3) first-degree.
The potential penalties for felony charges are:
Third-degree: Maximum of 5 years in prison and up to $5,000 in fines
Second-degree: Maximum of 15 years in prison and up to $10,000 in fines
First-degree: Maximum of 30 years in prison and up to $10,000 in fines
Moreover, life felonies and capital felonies represent the gravest offenses. A life felony can result in life imprisonment and up to $15,000 in fines, while a capital felony may warrant the death penalty.
Crafting a Robust Legal Defense Against Felony Charges
At Tomas Law Firm, our skilled Miami felony crimes attorney excels at defending clients against a wide range of criminal offenses, including grave felonies. Regardless of the severity of the offense, we will fight for your rights and the best outcome for your case. We offer consultations, so our Miami felony crimes attorney can help you explore your options immediately.
For a thorough understanding of your charges, contact our Miami felony crimes attorney today at (305) 290-2313.
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What’s the Difference Between Probation and Parole?
People are usually considered for probation if is their first offense the crime was of a nonviolent nature. The probationary period comes once the defendant's jail or prison sentence has been suspended and they are permitted to serve out the rest of their sentence as an active member of the community, outside of incarceration. This privilege is only allowed if they follow and abide by all the terms of their agreement and the conditions of their probation. Once probation is over and completed, then they free from any further court supervision.
Parole is somewhat different from probation in that it is granted to people who have served the minimum number of years in prison. Once that amount of time has passed, then their case is reviewed by the parole board and they decide whether or not they can be released to finish the remainder of their sentence out on parole. Several factors are taken into consideration when making this decision, such as the nature of the crime committed, whether they have some place to go, how crowded the prison is and their overall attitude and cooperation throughout their time in prison. Parole, similar to probation, also comes with certain conditions and limitations that must be followed otherwise it could be revoked. If the individual complies with the terms of their parole for the duration of time allotted, then their criminal sentence is completed and discharged.
In 1983, Florida enacted the sentencing guidelines, thereby effectively abolishing parole for those offenders who were sentenced for crimes committed on or after October 1, 1983. For federal crimes, parole was abolished as of November 1, 1987, although the Parole Commission retained limited jurisdiction over some defendants for some years after that.
Are the Police Required to Read Me My Rights When They Take Me Into Custody?Contrary to what the movies tell you, the police are not legally obliged to read you the Miranda rights when they take you into arrest. Many still do as a precautionary measure because if they do not and you end up making an incriminating statement, they are not allowed to use your declaration as evidence against you in trial. The Miranda warning is essential for when you are in police custody and they wish to question you and use your answers as evidence. If you are not in custody however, and they question you trying to find out information about a case, anything you say can be admissible as evidence even without the Miranda warning. The warning goes as follows, "You have the right to remain silent, if you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. I you choose to talk to the police officer, you have the right to stop the interview at any time.
Can’t I Simply Plead Guilty and Get It Over With?If you are indeed guilty and there is a great deal of evidence against you, it is still vital that you have a legal defender to protect your best interests. If you go up against the prosecution without the proper protection then you may end up receiving a maximum sentence for the crime you committed. What Attorney Tomas can do is negotiate with the prosecution and fight to have your charges reduced to a minimal sentence. It is never wise to simply give up hope and stop fighting; your future is something worth fighting for.