Felony Defense

Felony Attorney in Fort Myers

What is a Felony?

Many people have heard the word “felon” used interchangeably with the word “criminal,” such as in the phrase “convicted felon.” Most of us don’t give this a second thought. People who have been convicted of crimes are often called felons because the most severe type of crime a person can be charged with is a felony.

Under Florida law, there are two major crime categories: misdemeanor and felony. Misdemeanors are considered “minor” crimes, usually punishable with fines and minimal jail time. Felonies are “major” crimes. While many people think a felony must necessarily be violent, this is not true. Per Title XLVI, Chapter 775 of the Florida Statutes, a felony is any crime punishable by imprisonment or death. Common felonies in Florida include, but are not necessarily limited to:

  • Assault and Battery
  • Sexual Assault
  • Homicide
  • Drug Trafficking
  • Robbery
  • Fraud

These are only a few potential crimes that constitute felonies under Florida law. To uphold its “tough on crime” reputation, Florida hands down especially severe penalties when it comes to imprisoning people. In fact, with its lengthy prison sentences, if Florida were its own country, it would rank among the top 20 in incarceration rates in the world. That’s why if you or a loved one has been arrested for a felony in Florida, it’s vital you contact our experienced attorney. A felony attorney may be the only thing standing between you and years behind bars.

What are the Potential Punishments for a Felony Conviction?

Florida divides felonies into multiple categories: third degree, second degree, first degree, and capital. Third-degree felonies are the most common and “least severe”. Common examples include aggravated assault, burglary, and child abuse. Someone convicted of a third-degree felony faces five years in prison and a $5,000 fine.

Second-degree felonies are considered more serious. Examples include burglary of a dwelling, DUI manslaughter, leaving the scene of an accident where someone died, and selling stolen property. Second-degree felonies are punishable by up to 15 years in prison and a $10,000 fine.

First-degree felonies are among the most “severe” crimes. First-degree felonies include home invasion, armed robbery, carjacking, and drug trafficking. Someone convicted of a first-degree felony can be punished with up to 30 years in prison and $10,000 fine.

Capital felonies are considered the “worst of the worst.” These include homicide, certain types of sexual assault, and armed robbery. Someone convicted of a capital felony faces life without parole or, in the instance of homicide, the death penalty.

These are only a few potential legal consequences of a felony conviction. Even if you avoid prison time, the repercussions could still be catastrophic.

How Can a Felony Impact My Life?

Florida and U.S. law place certain restrictions on what felons can and cannot do following a conviction. Depending on what kind of felony you were convicted of, it may restrict where you can live, and you may struggle to find or maintain housing.

The same is true for employment. In Florida, there is no “Ban the Box” law preventing employers from asking about your criminal history. In Fort Myers, city employers are only prevented from asking initially. City employers are permitted to run a background check following an offer of employment. If an employer encounters your criminal history, they may opt to do an “individualized assessment” to determine if your conviction might interfere with your job duties. If an assessment finds that your conviction might impact your job performance, an employer might rescind their offer. In some instances, you may be able to file a complaint with the Equal Employment Opportunity Commission, but in the meantime, you would still be unemployed.

A felony conviction also carries with it a severe social stigma. Many people who have been convicted of felonies struggle to develop or maintain personal or romantic relationships. Being a felon also means you can no longer vote or own firearms. These are only a few of the potential consequences of a felony conviction.

What Should I Do if I’ve Been Arrested for a Felony in Fort Myers?

In many instances, a felony conviction means the end of someone’s life as they know it. Don’t become one of those people. If you or a loved one has been arrested for a felony in Florida, don’t hesitate to call Sherman Defense Firm, P.A.

Melissa Sherman has 15 years of experience helping Floridians charged with felonies. Using her unique Sherman Technique courtroom defense strategy, Melissa Sherman has been able to help reduce charges for and exonerate numerous clients and help them on the road to starting their lives again. She knows how a felony conviction can devastate someone’s life, and wants all of her clients to have the opportunity for a fresh start. If you or a loved one is facing felony charges in Fort Myers, don’t hesitate to contact Sherman Defense Firm P.A. now at 239-539-6818 to schedule your consultation.