Tampa Criminal Defense Lawyer

When you’re accused of a crime in Tampa, it can devastate you now and hurt your future later. Having a criminal defense lawyer on your side can make all the difference. Seek one out when you’ve been charged with a crime.

It’s unfortunate, but you might have been accused of a serious crime in the Tampa area. You might not have even expected it, but now you’re struggling to deal with the consequences. You might have already been arrested and booked. Now you’ll need to find a way to get those charges dropped or lowered through a powerful criminal defense. What can you really do about your criminal charges?

In most cases, a defense lawyer from Hersem Law can make a difference in your case. You’ll need experience and an aggressive defense on your side for a successful case. But you’ll also need understanding and compassionate help. Fortunately, a Tampa criminal defense lawyer from our firm can provide that.

When you’ve been arrested and you have questions, you don’t need to feel alone. Instead, you need to reach out for help with your charges and fight back against those accusations.

Penalties for Criminal Charges in Tampa, Florida

When you find that there’s a warrant for your arrest, or when you’ve been arrested, it can feel easier to simply plead guilty and accept the consequences. You might feel that they have a case against you and that there’s no hope. Fortunately, that’s not true, but if you don’t fight back and build a criminal defense, you just won’t know.

Penalties for criminal charges start with some hefty fines. For a felony, you can expect fines of up to $10,000 for a first- or second-degree felony. Third-degree felonies are capped at $5,000. When you’re already down on your luck, that’s a devastating amount of money that could leave you in debt for years.

Worse, you won’t have many options to pay off those fines. A third-degree felony can put you in jail for up to five years. And if this isn’t your first conviction, the amount of time will likely be higher.

Misdemeanors Are Still Serious in Tampa

Misdemeanors may not leave you in as difficult a position, but if you’re being charged with one, you should still fight back and build a defense. You could still receive jail time, and while your fines may not leave you in as much debt, they may still harm you.

A jail sentence for a misdemeanor shouldn’t be more than a year, and your fines shouldn’t exceed $1,000. Those penalties can disrupt your life, though, making it difficult to provide for yourself and your family. You may also be sentenced to community service or other programs. For example, a drug conviction may require you to attend therapy in Tampa or educational programs about the dangers of drug use.

Types of Criminal Charges in Florida

There are many types of criminal charges in Florida you may be facing. We cover a wide range of them. Here are some of the most common types of criminal charges that we’ve seen in our law office.

Driving Under the Influence (DUIs)

The penalties for a DUI conviction can be serious. You may be subject to incarceration, license suspension, fines, court fees, probation, counseling, classes, vehicle impoundment, and more if you’re charged with a DUI.

There has to be proof of you being under the influence while driving. It is important to speak with our experienced attorneys regarding the charges being imposed on you.

Drug Charges

Prosecutors in Tampa take drug crimes seriously. There are schedules that determine the charges depending on the illegal drugs, from schedule 1 to 5. Schedule 1 houses the more serious, harmful drugs while Schedule 5 has the least harmful.

The charges and penalties you’re faced with will depend on the type and amount of drugs you were accused of possessing during your arrest. If you have a prior criminal record, this can also work against you. The penalties can also be worse if you’re found to possess the drugs in certain areas, like school zones.

To be convicted, the prosecution has to prove that you possessed the drugs beyond a reasonable doubt. There also had to be no violations of your constitutional rights during the time of your arrest. Our attorneys can help you protect your rights in these types of charges.

Sex Crimes

There are many types of sex crimes in Florida you may be facing. These include sexual battery involving any nonconsensual forced sexual activity, lewd acts involving a minor under 16 years of age, and unlawful sex with minors.

Different defenses might apply depending on the specific situation. Each part of the crime has to be proven beyond a reasonable doubt. If there was any doubt that it may have been consensual, it may work in your favor.

Theft

Theft is any action that intentionally deprives another person of their property without their knowledge or consent. The degree of theft is determined by the value of the property. Grand theft happens when an individual takes property that does not belong to them worth more than $300.

There has to be substantial evidence that shows intent. It’s possible to show a lack of knowledge of intent. For example, if you didn’t know it belonged to someone else, or have the intent to deprive the person of the right of the property, this may be your best option for a strong defense. Our Tampa criminal defense attorneys can help come up with a plan.

Gun Crimes

Florida may favor gun rights, but it also has laws to regulate the ownership and carrying of guns. A common misdemeanor charge is for the improper exhibition of a dangerous firearm. It has to be shown that you exhibited the weapon in a dangerous, threatening, or rude way in front of another person beyond a reasonable doubt.

You may face up to a year in jail or 12 months of probation and a $1,000 fine. You may also be able to get it dropped to a lesser aggravated assault charge with our lawyers behind you.

Heavy penalties are often imposed when associated with gun charges. With our attorneys, a conviction is not always going to happen, and we can work to reduce any sentences, if any.

You Can Expect Further Consequences for Criminal Charges

You’ll have to deal with the fines and jail time, of course, but what about the indirect consequences? Whether it’s a misdemeanor or a felony, a criminal conviction can affect you years after the fact. If you don’t fight back now, you could see future consequences that the judge didn’t set forth.

For example, employers and landlords will do background checks for the rest of your life. That can hurt you. A felony or misdemeanor criminal charge could end your chances of getting a job in your field. Some Tampa employers may simply ask about the charges and make a decision from there. But in many cases, you might lose your chance to work in a field you may have studied in or have experience in.

Your housing may even be affected. Landlords will also do background checks, making sure that you’re a reliable, safe resident. Unfortunately, a criminal record may affect their decision, and some complexes may outright refuse to rent to felons. As such, you’ll need to do what you can to avoid these serious consequences.

Don’t Fight Back without a Defense Lawyer

The penalties are serious, sure, but you might feel that your criminal defense case is already settled, or that your case is easy and you don’t need help from a defense lawyer. Either option can lead to a lot of regrets about your situation. Unfortunately, acting without a lawyer on your side can leave you dealing with consequences a lawyer could have helped you avoid.

Chances are good you don’t have the experience in the courtroom a lawyer has. Every criminal case is different, and an experienced lawyer will have seen enough to know how best to defend you. If you don’t have that sort of help on your side, you could suffer severe, long-term penalties.

Even trying to save money and using a public defender in Tampa can harm you. Public defenders may be trained properly, but that doesn’t mean that they have the right amount of time to devote to you. You’re not their only client, and you might not be their priority. That could leave you with a less-polished and -prepared defense. In turn, that could leave you with a guilty verdict.

Whether you’ve been accused of theft, marijuana use, or something else, getting your criminal charges dropped successfully is difficult. You’ll need the full attention and experience a criminal defense lawyer can bring. Even if you’re concerned about the costs, the expenses of a guilty verdict can be even higher. You’ll need someone who can protect you from these issues. Speak to a lawyer about your criminal defense today.

Questions to Ask Your Tampa Criminal Defense Lawyer

If you find yourself needing a Tampa criminal defense attorney, you want to ensure you’re choosing the right one. You don’t want to choose one that lacks the necessary experience you may need for your particular case.

Here are a few questions to ask the Tampa defense attorney you speak with. You can get a better understanding of what they do, how they do it, and how they may be able to help you.

How long have you been practicing law?

Before you decide on hiring a criminal defense attorney, make sure they have years of experience relevant to criminal defense cases. You want to also make sure they’re licensed to practice in the state of Florida by checking the State Bar Association website.

Seeking a lawyer with experience practicing law in Florida ensures they know the laws, rules, and regulations of the state. Certain laws and procedures vary based on location. This will help give you peace of mind.

How long have you focused on criminal law?

You may not want to find a general lawyer, even with years of experience. Finding a lawyer that practices mainly criminal law can help to ensure you have strong, knowledgeable counsel. How long they’ve maintained this focus can help you determine this.

They may also focus on specific cases, like drug offenses or felonies. Each of these requires a special understanding of this type of law. These attorneys may have an easier time navigating the complex nature of your charges.

You want to not only find out about the cases like yours they’ve handled but also the outcomes of the cases. You want to know when they handled them and what was done for them. Having this knowledge can help you feel more confident about using their services.

What strategy will you use in court?

You want to ask the attorney what strategy they’re going to use when trying your case. They shouldn’t use a cookie-cutter approach to covering your case. You want them to know all of the details and evidence of your case and run through the options available.

Your lawyer should choose the best strategy for your case and should advise you on how best to avoid the serious penalties you may be facing. This includes making decisions on whether to pursue a dismissal of your charges or to seek a reduction of the penalties you face. This depends on the evidence you’re able to gather in your defense.

What’s your track record?

There are only a small number of criminal court cases that go to trial each year. Many of them plead guilty instead of going to court, while another smaller percentage get dismissed. You want to know how many of the trials that they went to that they won.

Ask the attorney how many cases like yours they’ve handled and won in the past. You want to compare how many wins and losses they’ve had and which were won recently. Get the peace of mind you need with an attorney that has a strong track record.

What are some of the possible outcomes of my case?

While our lawyers cannot give you any guarantees about the outcome of your case, it is important to ask the defense attorney what they might expect with it. You should be prepared for every possible scenario that might happen.

How often will we be communicating?

You want to know how often you and the attorney will be discussing your case and going over the strategy. The lawyer you speak with initially and ask the questions to should also be the one handling your case throughout.

You want to ensure that you’re working with the same person, regularly. They should keep you updated, ask questions, find answers, and actually work on your case for you. Pushing your case off to someone else shouldn’t be something you have to worry about.

How much will this all cost me?

Every lawyer’s fees are different and each office may have a different fee structure. You want to know what they charge and what comes included with the fee. While getting counsel for a criminal case may not be cheap, it can save you thousands in fines if you enter the courtroom without a defense and are convicted.

You will likely pay a higher fee for a more experienced lawyer, but it can be worth it. You don’t want to choose the cheapest option you come across, as it might mean the difference between being in or out of jail. You want a capable lawyer that is able to handle your case.

Types of Criminal Defenses

Every criminal defense case is different, and you’ll need a lawyer who understands that. Once you have the right defense lawyer, you can start fighting back, but how should you approach your case? This will mostly depend on the details of the situation and your part in the crime.

For example, you might have been mistaken for someone else, and you were arrested. Your lawyer will focus on proving you weren’t the one at the scene. Or perhaps you might have been there, but you didn’t want to be. When you’re under duress, in that you’re forced to do something illegal, your lawyer will focus on showing that you shouldn’t be held responsible for something you were forced to do.

Every case is different, and that can make things complex. You might know the details of the case and why you shouldn’t be held responsible for what happened. But you may need help preparing the evidence and choosing your case’s direction. Fortunately, that’s what your defense lawyer is here for. When you’re struggling to defend your Tampa criminal defense case, seek help getting your charges lessened or dropped.

If you are seeking to have a charge removed from your criminal record, contact a Tampa expungement lawyer.