Being charged with a misdemeanor in Florida can feel unsettling—especially if it’s your first encounter with the legal system. While misdemeanors are considered less severe than felonies, they still carry legal consequences that can impact your life, livelihood, and future.
Whether the charge stems from a traffic offense, a domestic dispute, or a simple misunderstanding, understanding the legal process and your rights is essential. Speaking with an experienced criminal defense lawyer in Florida can help you navigate your case with clarity and avoid common mistakes. Here’s a clear breakdown of what to expect after being charged with a misdemeanor in Florida.
📍 For Guidance in Fort Pierce, Florida
Office Address: 130 S Indian River Dr, Suite 202, Office 218, Fort Pierce, FL 34950
📞 Call: 772-828-1143
📧 Email: info@jordizaragoza.com
What Is a Misdemeanor Under Florida Law?
A misdemeanor is a criminal offense that is punishable by up to one year in county jail, probation, fines, or a combination of these penalties. Unlike felonies, misdemeanors are handled in county court, not circuit court.
Florida classifies misdemeanors into two categories:
- First-Degree Misdemeanor: The more serious type, punishable by up to 1 year in jail and/or a $1,000 fine. Examples include DUI (first offense), battery, and driving with a suspended license.
- Second-Degree Misdemeanor: Less serious but still criminal, punishable by up to 60 days in jail and/or a $500 fine. Examples include disorderly conduct, petty theft (under $100), and trespassing.
What Happens After You’re Charged?
Once you’ve been charged with a misdemeanor, the process typically unfolds as follows:
1. Arrest or Notice to Appear
You may be:
- Arrested and taken to jail
- Issued a Notice to Appear, which acts as a summons to go to court
A Notice to Appear is still a criminal charge—it just means you’re not being booked in jail.
2. First Appearance / Bond Hearing
If you are arrested, you will appear before a judge within 24 hours to determine if bond is required. For many misdemeanor charges, individuals are released on their own recognizance.
3. Arraignment
This is your first formal court appearance. You’ll be informed of the charges and asked to enter a plea—guilty, not guilty, or no contest.
4. Pretrial Conferences & Negotiations
Before trial, both sides may engage in evidence sharing and plea negotiations. Depending on the circumstances, your case could be resolved without going to trial.
5. Trial or Resolution
If no resolution is reached, your case proceeds to trial. Misdemeanor trials are usually bench trials (heard by a judge), but you may also request a jury.
Penalties for Misdemeanors in Florida
Though less severe than felonies, misdemeanor convictions still result in consequences that can extend beyond the courtroom.
▸ First-Degree Misdemeanor Penalties:
- Jail time: Up to 1 year in county jail
- Fines: Up to $1,000
- Probation: Up to 1 year
- Community service and mandatory classes may also be required
▸ Second-Degree Misdemeanor Penalties:
- Jail time: Up to 60 days
- Fines: Up to $500
- Probation: Up to 6 months
Depending on the charge, penalties can include license suspension, no-contact orders, or counseling requirements.
Can a Misdemeanor Be Dismissed or Reduced?
In certain cases, misdemeanor charges may be dismissed, reduced, or resolved without a conviction—especially for first-time offenders or cases with limited evidence.
Possible outcomes include:
- Pretrial diversion programs: Completion can lead to case dismissal
- Withholding adjudication: A judge may choose not to convict you, allowing you to avoid a permanent record if terms are met
- Plea agreements: Charges may be reduced to civil infractions or lesser offenses
Every case is unique. Whether or not these outcomes are available depends on your record, the nature of the offense, and how the case is presented.
Will a Misdemeanor Show on Your Record?
Yes. Unless the court withholds adjudication or the case is dismissed, a misdemeanor conviction becomes part of your criminal record. It may appear in background checks for:
- Employment
- Housing
- School admissions
- Loan or licensing applications
However, some cases may be eligible for expungement or sealing, depending on the final outcome and your prior history.
Why Taking Misdemeanor Charges Seriously Matters
Misdemeanors are often underestimated—but even a minor conviction can create long-term issues. For example:
- A DUI can lead to increased insurance rates, license suspension, and ignition interlock device installation.
- A battery conviction may affect employment, especially in healthcare, childcare, or government roles.
- A theft offense, even petty theft, can label you as untrustworthy in background checks.
Treating a misdemeanor with urgency and care gives you the best chance at minimizing its impact.
Time Is Critical
Responding quickly to a misdemeanor charge allows more options for defense or resolution. Delaying action can result in:
- Missed court dates
- Warrant issuance
- Limited access to diversion or plea alternatives
- Increased fines or penalties
Early steps like gathering documents, requesting discovery, and reviewing police conduct can significantly improve your position.
Contact for Guidance
If you’re unsure how to proceed after being charged with a misdemeanor, speaking with someone who understands Florida criminal law can help clarify your rights and options.
📍 130 S Indian River Dr, Suite 202 Office 218, Fort Pierce, FL 34950
📞 Call: +1 772-828-1143
📧 Email: info@jordizaragoza.com
FAQs
Q1: Can I go to jail for a first-time misdemeanor in Florida?
A: Yes, depending on the charge, a judge may impose jail time. However, many first-time offenders qualify for probation, fines, or diversion programs instead.
Q2: What is a Notice to Appear in a Florida misdemeanor case?
A: It’s a written order requiring you to appear in court for a criminal charge. It avoids arrest but should be taken seriously—failing to appear can result in a warrant.
Q3: Can I get a misdemeanor removed from my record in Florida?
A: In some cases, yes. If adjudication is withheld or charges are dropped, the record may be eligible for expungement or sealing—but this depends on your history and case outcome.
