Misdemeanors

McCulloch Law, P.A. has years of experience in handling almost every kind of misdemeanor charge. As a former prosecutor, Drew McCulloch prosecuted thousands of cases—misdemeanor and felony. By hiring McCulloch Law, P.A. at the earliest stages of your case, our office may be able to minimize or possibly avoid certain aspects of your charges and sanctions.

In appropriate cases, we may be able to negotiate for a “diversion program,” which, if successfully completed, could result in the dismissal of your case. In some cases, we may be able to negotiate with the prosecutor and convince the state attorney to file less serious charges or no charges at all. In other cases, we may be able to provide mitigation for a better deal, such as drug rehab over jail or lesser included offenses.

What You Should Know About Misdemeanors And Felonies In Florida

McCulloch Law, P.A. will always try to avoid an adjudication of guilt, if at all possible. An “adjudication of guilt,” as opposed to a “withhold of adjudication,” could determine whether you must admit to a criminal conviction on a job application. It can affect employment, licensing, and even your ability to drive.

Teachers, nurses, fiduciaries, county and city employees, real estate agents, and stock brokers may lose opportunities simply because of a conviction. Certain adjudications—such as possession of marijuana or prostitution—carry a two-year driver’s license suspension. An adjudication may also prevent you from sealing or expunging your record.

McCulloch Handles All Misdemeanors Such As:

• Driving Under the Influence
• Battery
• Possession of Marijuana
• Criminal Mischief
• Possession of Paraphernalia
• Trespass
• Leaving the Scene of an Accident
• Petit Theft
• Carrying a Concealed Weapon
• No Motorcycle Endorsement
• Obstructing an Officer without Violence
• Assault
• Driving with a Suspended License with Knowledge
• And many more

Misdemeanor vs. Felony

In Florida, criminal charges are categorized into misdemeanors and felonies. Misdemeanors can be 1st or 2nd degree. Felonies range from 3rd degree to Capital. A misdemeanor could result in jail time, whereas a felony could lead to prison time. Jail sentences are under 365 days; prison sentences exceed 365 days.

How It Works:

Misdemeanors are heard in County Court, while felonies are heard in Circuit Court. In Hillsborough County, misdemeanor divisions (A–G) are assigned by the defendant’s last name. Different judges have different sentencing styles, so an experienced local attorney is crucial.

Punishments

2nd Degree Misdemeanors:

• Up to 60 days in jail
• 6 months probation
• $500+ fine

1st Degree Misdemeanors:

• Up to 364 days in jail
• 12 months probation
• $1,000+ fine

Probation and Jail

Violating probation—even on the last day—could result in serving the full jail sentence. A sentence can also be split between jail and probation, and violations may require completing the remaining jail time.

Consecutive vs. Concurrent Sentences

Each charge carries its own punishment. Judges may run sentences concurrently (at the same time) or consecutively (one after the other). Two 364-day misdemeanor sentences could become either 364 days total or 728 days depending on the ruling.

Statute of Limitations

Florida’s statute of limitations is one year for 2nd degree misdemeanors and two years for 1st degree misdemeanors, with exceptions.

Serious Ramifications

Misdemeanors may seem minor but can affect your rights, employment, licensing, credibility, and firearm privileges. Some misdemeanors (DUI, battery, petit theft, DWLSR, prostitution) can be upgraded to felonies based on prior convictions.

Habitual Misdemeanor Offenders (Florida Statute 775.0837)

A habitual misdemeanor offender is someone with four prior qualifying misdemeanors committed within one year. Courts may impose jail, residential treatment, or designated residence detention for 6–364 days. Judges cannot sentence under this statute if the charge has been reclassified as a felony.