Violation of Probation

Assault & battery are charged as two different crimes in Florida. Assault is a physical or verbal action that causes fear or harm. Battery is any unwanted touch that causes harm. Any charges of Assault or battery will result in heightened penalties if a deadly weapon is involved.

The degrees of Assault & Battery are:

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)

Drug Crimes

The penalties for drug crimes in Tampa will vary depending on the class of drug, intent to use or distribute, and the amount of drug you were in possession of

Common drug charges in Florida + penalties:

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). 

Probation Violation

You can be charged with technical or substantive probation violations in Florida. 

Technical violations occur when an individual violates one of the terms of their probation, such as:

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

Substantive violations occur when a person commits a new crime while on the term of their probation and normally results in a probation revocation and new charges being added

Juvenile Offenses

In Florida, juvenile crimes are up to a judge’s discretion–there are no juries involved. When a child is arrested they may either be placed in a detention center or in their parents care. 

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

While juvenile cases are designed to rehab minors, it can still leave a mark on your permanent record.

Burglary

Burglary constitutes a felony offense in Florida and penalties are handed out according to the degree of your burglary charge. 

You’ve committed an act of burglary if you were caught:

1. 1. Entering or remaining in a residential or commercial structure, vehicle, or any other premises with the intention of committing an offense.
   2. Entering premises that are not open to the public, without having an invitation or license and, perhaps, carrying a weapon

Typical charges and the possible sentences include:

1. 1. First degree combined with assault  – Life imprisonment or maximum prison term of 30 years and a $10,000 fine.
   2. Second degree – Maximum of 15 years’ imprisonment and a $10,000 fine.
   3. Third degree – Maximum of 5 years’ imprisonment and $5,000 fine.

Federal Crime

The punishment and penalties in federal crimes are typically harsher than crimes committed in state or local jurisdictions. Offenses can include:

1. 1. Transporting stolen property across state lines
   2. Drug trafficking
   3. Human trafficking
   4. Assaulting a government agent

Federal investigations have often been going on for years and the prosecutor will have a substantial amount of evidence against you. It’s imperative to contact a lawyer immediately in this case.

Expungement

Record expungement or sealing is the process of getting your criminal record released. In Florida, you could qualify for record expungement if:

1. 1. You were arrested but no charges were filed and no court proceedings occurred
   2. Your conviction was dismissed or ruled nolle prosequi (your charges were abandoned) by the state attorney or prosecutor
   3. Your conviction was dismissed by a court or you were acquitted by a judge
   4. You were not adjudicated guilty by a judge or jury
   5. You have no other petitions for different criminal records, pending or completed (with the exception of an arrest record that’s already been sealed for 10 years)
   6. You’re not seeking to erase a felony or a serious misdemeanor. This includes assault, battery, unlawful possession of a firearm, indecent exposure, arson, child neglect, animal cruelty, and more.

There are several other qualifiers that need to be met to petition for record expungement in Florida. Contact Smith & Eulo today to see if you could have your record cleared.