Felonies

Felony crimes can have a major impact on your life. Felonies are classified as first, second, and third degree felonies. There are also felonies labeled as First Degree Punishable by Life (F1 PBL), Life Felonies (LF) and Capital Felonies (CF). These are prosecuted in Circuit Court and are punishable by a number of years in prison, hefty fines, probation, community control or a combination of these sanctions. A felony conviction can also result in the loss of your civil rights such as your right to vote, your ability to sit on a jury, and your rights to own, use, or possess a firearm.

Felony drug charges can result in a two-year suspension of your privilege to drive. Convicted felons find it difficult to obtain employment because their honesty, trustworthiness and potential for violence are questionable. Likewise, a felony conviction can prevent you from being able to pursue certain professional disciplines such as medicine, nursing, teaching, real estate sales, insurance sales, financial services, practicing law. Even if you are already licensed in a profession, a felony arrest or conviction could likely trigger a review of your "character and fitness" and jeopardize your ability to continue to work within that field.

Click here for list of Felonies

Misdemeanors

Misdemeanor cases are prosecuted in County Court and while they are usually less serious than felonies, they may still have a substantial impact on your life. In addition to the stress of dealing with an unfamiliar legal situation that can lead to incarceration for up to one (1) year in the county jail, fines up to $1,000.00, probation, or a combination of these penalties; some misdemeanors can "add up" to felony offenses. For example, each time you are convicted of a DUI, the conviction is a more serious offense. The third DUI can be prosecuted as a felony.

A third conviction for Petit Theft or Driving While License Suspended or Revoked (DWLSR) can also be prosecuted as felonies. You will probably not lose your civil rights as a result of a misdemeanor conviction but you may have difficulty obtaining employment as a cashier if your conviction is for theft or finding a job as a driver if you are convicted for DUI or Driving While License Suspended or Revoked.

Sentencing

County Court Judges have a great deal of discretion in fashioning sentences for misdemeanor offenses. However, Circuit Court Judges are somewhat restricted by the Florida Criminal Punishment Code. The Code dictates the low-end of any prison sentence that may be given in a case and only limits the maximum penalty to that allowed by law. The sentence in a felony case is based on a point system and the point system is calculated using your current charges and previous criminal convictions (including withholds of adjudication) as set forth by the Florida Legislature. Each crime is assessed a point value and there could be enhancements for certain crimes.

If you score more than a certain number of points, you automatically face a minimum prison sentence. Thus, if you are convicted of a third degree felony and score a certain number of points, you would be facing 12.75 months in prison with a maximum penalty of 5 years in prison plus fines and costs. In most cases, the Judge is required to impose a sentence that is dictated by the Criminal Punishment Code. Because each case is unique, it is quite possible for the sentence in a case to differ from person to person even where the charge is the same.

Career Criminal, Violent Career Criminal, Habitual Felony Offender, Habitual Violent Felony Offender, Prison Releasee Reoffender, 10-20-Life …

Florida has a variety of sentencing laws that operate outside of the Criminal Punishment Code. These statutes are designed to increase the minimum prison sentence a person might otherwise face in a case and impose much harsher, long-term sentence on someone who has multiple prior felony convictions for certain crimes or someone who was recently released from state prison. Often, the State will file a notice with the charges indicating that it intends to seek an enhanced sentence under one of the listed schemes.

Once the enhancement is filed, it is unlikely that the State Attorney's Office will reduce or amend the charge. However, an experienced attorney may be able to convince a judge or jury that the State cannot prove the more serious offense or enhancement which could result in a conviction for a lesser crime which is not punishable under one of these enhanced schemes.

Sex Crimes & Child Abuse

Sex crimes are very serious because consequences continue even after the actual sentence is served. A conviction or even a withhold of adjudication can label a person as a sex offender or predator for life, requiring the offender to register and be listed on the Florida Department of Law Enforcement web site. This is true even if the sex offense is a third degree felony which only has a maximum prison term of five (5) years. Only under special circumstances can a person be removed from the sex offender registry.

Persons accused of child abuse also face difficulties. While corporal punishment and child discipline is not a crime, the line that separates excessive discipline from reasonable legal discipline is often blurred by the subjective impressions of law enforcement and/or prosecutors. Sometimes the Department of Children and Families (DCF), who discourage corporal punishment altogether, becomes involved and the child is removed from the home. Although rare, depending on the case and the severity of the child's injuries, DCF may seek termination of parental rights.

How can The Law Office of Donna M. Goerner, P.A. help?

When a person is arrested by a police officer and charged with a crime, the State Attorney's Office makes the ultimate decision whether to actually and formally file criminal charges and what charges to file. Sometimes the State Attorney's Office will file criminal charges even if a victim does not want them to proceed as is the case in many Domestic Violence situations.

Many times, the charge that is filed may be different from the charge that the police arrested you for. My office will help you understand the difference in the ultimate charges you are facing and why the filing decision was made. In some cases, my office may be able to intervene with the State Attorney's Office and convince them to not file charges, or to file less serious charges in your case.

Depending on the facts of your case, my office may be able to help you minimize or even avoid many of the consequences associated with a criminal charge. The "Diversion Program," "Drug Court," and "Mental Health Diversion" are sometimes available options as well as obtaining probation, a withhold of adjudication, or getting the prosecutor to agree to reduce a felony charge to a misdemeanor. Whatever the case, the earlier you act and the more time your attorney has to prepare your case, the better your attorney's position to prepare a stronger defense or negotiate for the best resolution of your case.

As a prosecutor, Donna M. Goerner served for nearly two years prosecuting misdemeanor crimes, approximately five (5) years prosecuting felony crimes, a little over four (4) years prosecuting crimes in the Sex Crimes/Child Abuse Division and then served as Felony Division Chief from May 2005 until leaving the Seminole County State Attorney's Office in April 2007.