In Miami Dade, crimes are classified into two main categories: misdemeanors and felonies. In fact, if you browse through several news stories in Florida about criminal arrests, you may come across alleged perpetrators who might be facing either a felony or a misdemeanor charge. However, not all are keen about the significant differences between the two.

All criminal violations in Miami Dade, Florida are sorted into either misdemeanors or felonies. So it is important to know what they are and why knowing the difference between the two is important.

What are misdemeanors?

A misdemeanor is usually a non-indictable offense and is often regarded, especially in the US, as less serious than a felony. It is a criminal offense that is punishable by less than a year in jail sentence. In Florida, these offenses are handled by the County Court level. Most misdemeanors concern local governments only.

Some examples of misdemeanors in Miami Dade, Florida are probation violations, DUI, domestic violence, or drug possession. In drug possession offenses, if the amount is significant or high, it may already qualify under felony.

What are felonies?

A felony is a crime that typically involves violence. It is regarded as more serious than a misdemeanor and is often punishable by imprisonment for more than a year or by death. With that being said, there are third degree, second degree, first degree, and capital felonies. The least serious are third degree felonies while the most serious are capital or life felonies.

Some examples of felonies are murder, grand theft, kidnapping, or sexual battery. The Florida legislature has even created 5 categories for this, including a separate category for certain drug-related crimes which carry a mandatory minimum sentence and fines of up $500,000. The 5 categories for felonies are as follows:

• Felony of the 3^rd degree:
  • Punishable by imprisonment not exceeding 5 years and a fine of up to $5,000. Defendant may
    also be ordered by the court to pay restitution for the victim.
• Felony of the 2^nd degree
  • Punishable by imprisonment not exceeding 15 years and a fine of up to $10,000. Defendant may also be ordered by the court to pay restitution for the victim.
• Felony of the 1^st degree
  • Punishable by imprisonment not exceeding 30 years and a fine of up to $10,000. Defendant may also be ordered by the court to pay restitution for the victim.
• Life felony
  • Punishable by imprisonment for a period of 40 years to life imprisonment. Defendant may also be ordered by the court to pay restitution for the victim.
• Capital felony
  • Punishable by life imprisonment or death without the possible of a parole. Defendant may also be ordered by the court to pay restitution for the victim.

Misdemeanors vs. Felonies Explained

As mentioned, it is important to know the difference between the two so you will know your legal options when facing a misdemeanor or if you are charged with a felony. A criminal defense attorney in Miami Dade, Florida will tell you that there is no need for a preliminary hearing or jury trial in order to convict someone of a misdemeanor. If you are also accused of a felony, you could be held in prison while awaiting trial.

Misdemeanors can be expunged which means potential employers or schools may not be able to access such records so your chances of getting hired or admitted is higher. On the other hand,

Fight for your right to defend:

No matter how a misdemeanor is different from a felony, know that there is a significant similarity between the two. And that is the accused’s right to defend himself.

Whether you are accused of a felony or a misdemeanor in Miami Dade, Florida, do not hesitate to contact Scott Saul for prompt legal assistance.