Criminal Defense Lawyers in Lee County, Florida
An Overview of Florida Criminal Laws, Penalties, and Legal Defenses
Lee County encompasses a portion of southwest Florida that is home to nearly 750,000 residents, most of which reside in or around two large cities – Fort Meyers and Cape Coral. In 2019, law enforcement officers arrested a total of 20,436 people in Lee County, which equates to approximately 56 people per day. Although not every arrest leads to conviction, every arrest should be taken seriously, and individuals facing criminal charges in Lee County must seek legal representation to protect their rights.
The Lee County Criminal Defense Lawyers of Musca Law routinely handle a wide array of criminal matters in Lee County, ranging from minor larceny charges to severe felonies, such as assault or murder, among others. Lee County has many law firms and lawyers to choose from. However, not every law firm or lawyer has the same level of expertise, dedication, resources, workforce, and reputation to reach the best outcome for clients. If you are facing criminal charges in Lee County, act quickly to speak with the Lee County Criminal Defense Lawyers of Musca Law by calling (888) 484-5057. Our team of lawyers is standing by 24/7 to help you in any way they can.
Classification of Crimes in Lee County, Florida
Criminal charges in Lee County are based on Florida statutes, which classify crimes as misdemeanors and felonies. While all counties across Florida apply the same statutes, each county may prosecute some crimes more aggressively than others. For example, Miami-Dade County may not aggressively prosecute driving under the influence (DUI) cases like a smaller county would. As such, when choosing a Lee County Criminal Defense Lawyer, it is critical for anyone facing criminal charges to find a lawyer who has a good relationship with Lee County prosecutors and judges. With knowledge of how a Lee County prosecutor is likely to act in each criminal matter, a defendant with the right lawyer has a better chance of fighting criminal charges in court.
Misdemeanors and Felonies Under Florida Law
Per Florida law, misdemeanors and felonies are classified as follows from the most minor misdemeanor to the most serious felony:
- Second-Degree Misdemeanor;
- First-Degree Misdemeanor;
- Third-Degree Felony;
- Second-Degree Felony;
- First-Degree Felony;
- Life Felony; and
- Capital Felony.
Maximum Penalties for Crimes Under Florida Law (F.S. § 775.082; F.S. § 775.083)
Many highly-skilled Lee County Criminal Defense Lawyers can successfully help clients avoid jail time and large fines in the event criminal charges cannot be dismissed. However, when jail time and fines cannot be avoided, anyone convicted of either misdemeanor and/or felony charges under Florida law faces the following maximum penalties:
|
LEVEL OF CRIME |
MAXIMUM |
MAXIMUM FINE |
|
Second-Degree Misdemeanor |
6 Months |
$500 |
|
First-Degree Misdemeanor |
1 Year |
$1,000 |
|
Third-Degree Felony |
5 Years |
$5,000 |
|
Second-Degree Felony |
15 Years |
$10,000 |
|
First-Degree Felony |
30 Years |
$10,000 |
|
Life Felony |
Life |
$15,000 |
|
Capital Felony |
Death Penalty |
None |
Additional Penalties Associated with Criminal Convictions in Lee County, Florida
Regardless of whether a person faces jail time and/or fines, he or she may experience additional penalties that are often life-changing. Unless criminal charges against a person or dismissed, the convicted person may be subject to the following penalties either in lieu of jail time and fines, or in addition to jail time and fines.
Examples of some of these additional penalties associated with criminal convictions in Lee County include the following:
- Probation;
- A Scarred Record;
- Loss of Second Amendment Rights;
- Loss of Voting Rights (at least while a person is serving time in jail for a felony);
- Difficulty Getting a Job;
- Difficulty Finding a Place to Live;
- Difficulty Obtaining Credit; and
- Damage to Relationships with Friends and Family.
In rare cases, criminal records may be sealed or expunged. However, such an outcome should not be expected in any criminal matter. As such, when facing criminal charges in Lee County, it is imperative to work alongside a Lee County Criminal Defense Lawyer who has experience helping clients limit the severity and longevity of consequences.
At Musca Law, We Are a Full-Service Criminal Defense Law Firm in Lee County, Florida
Drug Crimes in Lee County, Florida (F.S. § 893.13)
Drug crimes in Lee County range from simple possession to extremely severe distribution and trafficking charges. Depending on the nature of the crime, federal law may come into play, especially if the alleged drug crimes crossed state lines beyond Florida. However, most drug crimes are governed by state law, and include the following commonly charged crimes:
- Drug Possession (including, among others, marijuana, hashish, cocaine, methamphetamine, PCP, LCD/acid, peyote, mushrooms, ecstasy/MDMA, fentanyl, morphine, heroin, and certain prescription drugs, such as opioids and anti-anxiety medications, among others);
- Possession of Drug Paraphernalia;
- Drug Possession with the Intent to Distribute/Sell;
- Drug Trafficking (transporting drugs both within the state of Florida and across state lines); and
- Conspiracy to commit any drug crime.
Drug crimes, for the most part, relate to personal use, with marijuana being a commonly used drug in Florida. The state legislature in Florida has promoted a law to eventually legalize marijuana for use of individuals 21 years of age or older. However, until such a law is effective, Florida criminal laws regarding marijuana possession remain the same. Moreover, anyone under the age of 21 will still be subject to Florida marijuana laws. Additionally, because medical marijuana is legal in Florida, anyone facing marijuana possession charges will have a strong defense if they possess a valid license to use marijuana for medical purposes. Drug Courts often deal with more minor drug charges, and such crimes typically do not lead to jail time.
The severity of a drug possession charge will be dependent on the type of drug. For example, possession of cocaine or fentanyl will be taken more seriously than marijuana or mushrooms. However, regardless of what drug is at issue, jail time and fines remain a possibility for anyone facing drug possession charges. Drug charges relating to the possession of drug paraphernalia are usually not considered very serious, but still require the assistance of a qualified Lee County Criminal Defense Lawyer when facing such charges in court.
Drug charges that involve the intent to distribute or sell, to traffic drugs, and conspiracy to commit drug crimes are much more serious than simple possession. In some cases, drug charges are serious enough to land a person in jail for life. Therefore, whether a person is facing misdemeanor or felony drug charges, a Lee County Criminal Defense Lawyer must evaluate the matter and develop the best possible defense for a client.
Domestic Violence Crimes in Lee County, Florida (F.S. § 741.28)
Crimes involving alleged domestic violence are, understandably, treated very seriously. When a person’s safety or life may be on the line, prosecutors are quick to charge an accused person with the maximum criminal charges allowable under Florida law. However, as with many crimes, allegations of domestic violence do not mean that the allegations are true. Because of the nature of domestic violence crimes, many accused individuals feel as though they are deemed guilty before they have a chance to fight for their rights. As such, given the consequences associated with domestic violence crimes in Lee County, anyone facing such charges does not have much time to waste to find a superior Lee County Criminal Defense Lawyer.
Under Florida law, the term “domestic violence” means “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” The key to proving a domestic violence case is showing that the alleged victim is, in fact, a family or household member. Florida law defines family or household members as the following:
"former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.”
Whether a victim of alleged domestic violence is a family or household member is a threshold requirement that, if not satisfied, should result in the dismissal of domestic violence criminal charges. However, to reach this result, a Lee County Criminal Defense Lawyer must shape a defense for an accused client that demonstrates the prosecution has not met its burden of (1) showing an act of domestic violence has occurred, and (2) that the victim at issue is a family or household member, as defined by Florida law.
Sex Crimes in Lee County, Florida
Sex crimes are acts which can cause substantial harm to a victim if allegations are true. But, regardless of allegations, an accused person deserves the best legal representation possible. Under Florida law, sex crimes include, but may not be limited to, the following:
- Failure to Register as a Sex Offender;
- Human Trafficking;
- Lewd and Lascivious Acts (i.e., exposure of the genital area to others, including children);
- Prostitution;
- Solicitation of Prostitution;
- Rape;
- Sex Crimes Involving Children (such as the possession and/or distribution of child pornography);
- Stalking; and
- Statutory Rape.
Being convicted of a sex crime in Lee County means that the accused person is likely going to spend some time in jail, and will be required to register as a sex offender, a life-long punishment that does not always fit the alleged crime.
Driving Under the Influence (DUI) Crimes in Lee County, Florida (F.S. § 316.193)
Driving under the influence (DUI) in Lee County, like drug crimes, range from what many believe to be minor misdemeanors to first-degree felonies. Any person arrested on suspicion of driving under the influence of alcohol or drugs may face one or more of the following DUI charges and potential penalties:
|
DUI OFFENSE |
CLASSIFICATION |
MAXIMUM JAIL TIME |
MAXIMUM FINE |
|
First DUI |
Unclassified Misdemeanor |
Six Months |
$1,000 |
|
First DUI with Minor Under 18 in Vehicle |
Unclassified Misdemeanor |
Nine Months |
$2,000 |
|
First DUI |
Unclassified Misdemeanor |
Nine Months |
$2,000 |
|
Second DUI |
Unclassified Misdemeanor |
Nine Months |
$2,000 |
|
DUI Involving Damage to Property |
First-Degree Misdemeanor |
One Year |
$1,000 |
|
Second DUI |
Unclassified Misdemeanor |
One Year |
$4,000 |
|
Third DUI (More than 10 Years Later) |
Unclassified Misdemeanor |
One Year |
$5,000 |
|
Third DUI |
Third-Degree Felony |
Five Years |
$5,000 |
|
Fourth DUI |
Third-Degree Felony |
Five Years |
$5,000 |
|
DUI Involving Bodily Injury |
Third-Degree Felony |
Five Years |
$5,000 |
|
DUI Manslaughter (Death of Another Person or Unborn Child) |
Second-Degree Felony |
Fifteen Years |
$10,000 |
|
DUI Manslaughter with Failure to Render Aid |
First-Degree Felony |
Thirty Years |
$10,000 |
To secure a guilty verdict (either through a plea agreement or at trial), Lee County prosecutors must show the following pursuant to Florida’s DUI laws:
The defendant accused of DUI was in actual physical control of the vehicle at issue; AND
(1) The defendant was under the influence of alcohol or drugs to the extent that his/her “normal faculties” were impaired; OR
(2) The defendant had a blood-alcohol level of .08 or greater grams of alcohol per 100 milliliters of blood; OR
(3) The defendant had a breath-alcohol level of .08 or greater grams of alcohol per 210 liters of breath.
Although most DUI charges in Lee County are misdemeanors, any “aggravated” conduct can quickly turn a seemingly minor misdemeanor charge to a felony charge, even in cases where the accused person has no criminal record. As such, anyone facing DUI charges in Lee County should approach the matter with the utmost seriousness and retain a Lee County Criminal Defense Lawyer who has substantial experience handling DUIs.
Theft Crimes in Lee County, Florida (F.S. § 812.014)
Most crimes charged in Lee County pertain to theft, with many of them being minor theft crimes. However, as with any other type of crime, theft crimes can quickly become felonies. Per Florida law, the term “theft” means to “knowingly obtains or use[], or endeavor[] to use, the property of another with intent to, either temporarily or permanently” (1) “deprive the other person of a right to the property or a benefit from the property,” or (2) “appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”
Examples of theft crimes which range from minor misdemeanors to serious felonies include the following:
- Burglary (F.S. § 810.02);
- Embezzlement;
- Grand Theft;
- Identity Theft (F.S. § 817.568);
- Larceny;
- Petit theft; and
- Robbery (F.S. § 812.13).
Violent Crimes in Lee County, Florida
Many violent crimes involve allegations of domestic violence, as a substantial number of violent crimes are allegedly committed against a family or household member. Violent crimes – whether involving a domestic relationship or not – include the following:
- Assault and Battery (F.S. § 784.011 and F.S. § 784.03);
- Aggravated Battery (F.S. § 784.045);
- Arson (F.S. § 806.01);
- Attempted Murder (F.S. § 782.051);
- Murder (F.S. § 782.04);
- Manslaughter (F.S. § 782.07);
- Vehicular Manslaughter (F.S. § 782.071);
- Rape/Sexual Battery (F.S. § 794.011); and
- Robbery (F.S. § 812.13).
Being convicted of any violent crime in Lee County can result in a long jail sentence, especially when a person is severely injured or killed. As such, only a highly-skilled Lee County Criminal Defense Lawyer who routinely handles cases involving allegations of violent crimes should be representing a client in the courtroom. Having an inexperienced lawyer is dangerous for an accused person’s legal rights.
Internet Crimes in Lee County, Florida
The internet is a virtual space where crimes may be committed. Although most internet crimes do not involve physical encounters, and as such, do not involve physical harm to another person (with the exception of some internet sex crimes), the consequences of being convicted of an internet crime can be just as harsh. Internet crimes usually involve theft and sex crimes. Examples of internet crimes include, among others, the following:
- Embezzlement;
- Illegal Financial Transactions;
- Credit Card Fraud/Theft;
- Identity Theft;
- Possession of Child Pornography;
- Production of Child Pornography;
- Distribution of Child Pornography;
- Sex Trafficking; and
- Solicitation and/or Enticement of a Child for Sexual Purposes.
White-Collar Crimes in Lee County, Florida (F.S. § 775.0844)
Many white-collar crimes are committed via the internet, but now always. Examples of white-collar crimes charged in Lee County include the following:
- Embezzlement;
- Illegal Financial Transactions;
- Credit Card Fraud/Theft;
- Exploitation of Certain Groups of People (such as the elderly and disabled);
- Racketeering;
- Conspiracy to Commit Fraud; and
- Non-Violent Theft Crimes.
It is not uncommon for a person convicted of white-collar crimes to face felonies that result in many years in jail. Such a result may not always seem fair when no physical harm has been done to another person. However, Florida laws treat financial harm as seriously as many crimes involving physical harm. As such, white-collar criminal law is a specialized area that not every Lee County Criminal Defense Lawyer handles.
Juvenile Crimes in Lee County, Florida
Juvenile criminal offenders can face the same criminal charges as adults. However, the treatment of juvenile criminal matters is addressed in Juvenile Courts in Lee County. Depending on the age of the juvenile, the severity of the alleged crime, and whether the juvenile has a criminal history, many juvenile offenders can avoid jail time, fines, and a permanent criminal record. In lieu of punishing factors, juveniles are often required to undergo counseling, live in a group home, and in some cases, spend time in juvenile jail, but only in more severe cases. If a juvenile offender is close to being an adult, and the crime at issue is substantial – such as a violent crime, the juvenile may be tried as an adult.
Protective Injunctions in Lee County, Florida (F.S. § 784.0485)
Protective injunction matters, also known as retraining orders or orders of protection, typically coincide with criminal matters involving the same alleged violent conduct. Under Florida law, victims of alleged violence or abuse can seek the following protective injunctions in a civil court:
- Domestic Violence Injunctions;
- Dating Violence Injunctions;
- Stalking Injunctions;
- Repeat Violence Injunctions; and
- Sexual Violence Injunctions.
In some cases, a person may face a protective injunction without facing criminal charges. Such a result may not seem fair, but the system is established to protect victims and err on the side of caution. Obtaining an injunction or restraining order does not require the same level of proof as a criminal matter even though the alleged conduct may be a crime. Therefore, anyone facing a protective injunction in Lee County needs to seek the advice of a Lee County Criminal Defense Lawyer.
Contact the Lee County Criminal Defense Lawyers of Musca Law Today
Facing criminal charges in Lee County, Florida – whether a misdemeanor or felony – creates a new and uncertain world for the accused. If you are facing criminal charges in Lee County, your legal rights are on the line and you deserve a strong advocate to represent you against aggressive prosecutors. At Musca Law, our team of Lee County Criminal Defense Lawyers have more than 150 years of combined experience helping accused clients avoid the harshest of penalties. To learn how Musca Law can help you, contact our office today by calling (888) 484-5057.
Musca Law office locations in Lee County: Cape Coral, Fort Myers