Violation of Probation

In Florida there are two categories of probation violation.

Technical violations are when an individual violates their terms of parole. This can occur when someone: 

1. 1. Fails a drug test
   2. Fails to pay court fees
   3. Fails to appear at a mandatory probation meeting
   4. Fails to complete court-ordered rehabilitation

A person commits a substantive violation when they commit a new crime during their term of probation. When this happens, their probation can be revoked and new charges may be added on. 

It’s important to note that in both probation violation circumstances a person may be charged with more jail time.

If you are facing charges for violation of probation in Melbourne, FL, contact our office today so that we can get started working on your defense.

Assault & Battery

Assault & Battery are charged as two separate crimes in Florida. Assault occurs when a threat or action causes fear or harm. Battery is any unwanted touch or causing of physical harm to a victim. If these actions also involved a deadly weapon, any penalties will automatically increase.

Different degrees of assault & battery:

1. 1. Simple assault (misdemeanor charge)
   2. Aggravated Assault (felony charge)
   3. Simple battery (misdemeanor charge) 
   4. Felony battery (felony charge)
   5. Aggravated battery (felony charge)

DUI Charges

A DUI charge in Florida carries hefty charges for repeat offenders. If you’re facing your second, third, or even fourth DUI, contact our Melbourne, FL DUI lawyers today to protect your job, freedom, and reputation.

The Florida Statutes dictate that a maximum DUI offense can lead to:

1. 5 years in prison
2. $2,000 in fines
3. A third degree felony charge
4. A lifetime license revocation
5. 90 day vehicle impoundment

Sex Offenders

The state of Florida has the harshest penalties for sex crime. The penalties for these crimes will depend on their context: how old the victim is, how old the offender is, and any other aggravating circumstances.

1. 1. Solicitation of prostitution – misdemeanor (if first offense) usually resulting in probation
   2. Lewd/lascivious battery – up to 15 years imprisonment
   3. Aggravated sexual battery (victim over the age of 12) – minimum imprisonment of 108 months, up to life imprisonment
   4. Sexual battery on a child under the age of 12 –  if the defendant is over the age of 18, this is considered capital sexual battery with a mandatory life sentence without the possibility of parole.

Domestic Violence

Domestic Violence has been on the rise in Florida for the last several years. DV occurs when family members, or members of the same household, enact any qualifying type of violence against one or all persons involved. These acts of violence include:

1. 1. Battery 
   2. Assault 
   3. Kidnapping
   4. Stalking
   5. Sexual assault

If you’re charged with Domestic Violence, the minimum punishment is 5 days in jail. IF you’ve committed an additional act against your victim–like battery or assault–you could face lengthy amounts of jail time.

Drug Crimes

Drug crimes are another broad category of crime in the state of Florida. Any charges and penalties will be dependent on the type of drug involved, how much of the drug was discovered in your possession, and if it was intended to be used or distributed. 

Several common drug charges and their penalties include:

1. 1. 1. Possession of marijuana under 20 grams- misdemeanor with up to 1 year imprisonment and a $1000 fine 
      2. Possession of marijuana between 20 grams and 25 pounds (intent to sell): Felony with up to 5 years imprisonment and a $5000 fine
      3. Possession of marijuana over 25 pounds: Possession of over 25 pounds can be considered trafficking, a felony charge with a maximum sentence of 30 years imprisonment. 
      4. Cocaine possession under 28 grams (with no intent to distribute) – Third degree felony with a maximum sentence of 5 years imprisonment and a $5000 fine. 
      5. Cocaine possession under 28 grams (with intent to distribute) – Second degree felony with a maximum sentence of 15 years imprisonment and a $10000 fine. 
      6. Cocaine possession over 28 grams – Felony trafficking charge with sentences from 3 years to life imprisonment, and $50,000-$250,000 in fines (depending on amount).

Juvenile Defense

Florida handles juvenile cases differently from those involving adult defendants. In juvenile court, the judge passes a verdict–there are no juries involved. When the child is initially arrested, he or she may be held in a detention center, or they’ll be released to their parents for non-secure detention.

In a juvie case, the judge will determine a probation period or one of four commitments in a juvie program:

1. 1. Low risk programs: 30-45 days 
   2. Moderate-risk programs: 4-6 months
   3. High-risk programs: 6-9 months
   4. Juvenile prison: 18-36 month

Juvie justice system is designed to rehab minors, but it can still leave a stain on your criminal record.