Felonies / Probation

McCulloch Law, P.A. has years of experience in handling almost every level of felony charge. As a former prosecutor, Drew McCulloch prosecuted thousands of felony cases. 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 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 argue for or provide mitigation for a better deal, such as drug rehab over jail or lesser included offenses.

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 of guilt” could make the difference between having to admit you were convicted of a criminal offense on a job application and being able to deny it. It may also make the difference between keeping or obtaining employment or being able to drive. Teachers, nurses, fiduciaries, county and city employees, even real estate agents and stock brokers may be fired or not hired simply because of a conviction for petit theft, worthless check, defrauding an innkeeper, theft of utilities, or retail theft. An adjudication on a possession of marijuana or prostitution charge, for example, carries a 2-year suspension of your Florida driver’s license. Furthermore, an adjudication may limit your ability to seal or expunge your charge.

McCulloch Handles Almost All Felony Matters Such As:

• Delivery of a Controlled Substance
• Burglary
• Possession of Cannabis (over 20 grams)
• Grand Theft
• Aggravated Batteries with a Deadly Weapon
• Felony Petit Theft
• Felony Battery on a Person over the age of 75
• False Imprisonment
• Possession of Cocaine/Heroin/MDMA/Controlled Substance
• Fleeing to Elude
• Delivery of a Controlled Substance within 1000 feet of a School
• Grand Theft Motor Vehicle
• Aggravated Assault on a Law Enforcement Officer with a Firearm
• Burglary of Dwellings
• Felony Battery by Strangulation
• Felon in Possession of a Firearm
• Obstructing or Opposing an Officer with Violence
• Felony DUIs
• Battery on a Law Enforcement Officer
• Robbery
• Destruction/Tampering with Evidence
• Failure of Sex Offender to Register
• Leaving Scene of an Accident with Death/Serious Bodily Injury
• And many more

Misdemeanor vs. Felony

In Florida, criminal charges are categorized into misdemeanors and felonies. Misdemeanors can be 2nd degree or 1st degree. Felonies can be 3rd degree, 2nd degree, 1st degree, Life, or Capital. A misdemeanor could result in jail time, whereas a felony could result in jail, prison, or death. Jail is for sentences less than 365 days and prison is for sentences greater than 365 days.

How It Works

Felonies are heard in Circuit Court. In Hillsborough County, there are seven felony divisions A through I, plus specific courts for probation violations, drug offenses, juvenile offenses, and other serious offenses going to jury trial. Defendants are randomly assigned to divisions. Every felony offense requires a scoresheet, which determines if prison is mandatory and its length. Statutes may enhance sentences for repeat offenders, gun crimes, or crimes involving children.

Plea deals can be negotiated with the prosecutor or judge. The State Attorney is the only one who can amend charges. Hiring an experienced local defense attorney provides insight into specific judges and divisions.

Punishments

• 3rd Degree Felonies: up to 5 years in prison, probation, and $5,000 fine.
• 2nd Degree Felonies: up to 15 years in prison, probation, and $10,000 fine.
• 1st Degree Felonies: up to 30 years in prison, probation, and $10,000 fine.
• Capital and Life Felonies: Life or death penalty and $15,000 fine.

Probation, Jail, and Violation of Probation

Violating a probation sentence could result in serving the full prison term. Sentences may be split between prison and probation. Violating probation can lead to serving the remainder of the maximum sentence in prison.

Consecutive vs. Concurrent Sentences

Each charge carries its own punishment. A judge may run sentences concurrently (at the same time) or consecutively (one after the other). For example, two 3rd degree felonies each with a 5-year maximum could result in either 5 years total (concurrent) or 10 years total (consecutive).

Statute of Limitations

See Fla. Statutes 775.15. Charges must be filed within a certain time from the crime, except for serious crimes such as murder. Examples:

• Non-criminal & 2nd Degree Misdemeanors – 1 year
• 1st Degree Misdemeanors – 2 years
• Many Felonies – 3 years
• 1st Degree Felonies – 4 years
• Abuse, Securities, Environmental 1st Degree Felonies – 5 years
• Breach of Fiduciary or Fraud – 3 years
• Misconduct in Public Office – 2-5 years
• Life and Death Penalty cases – no limit

Statutes of limitation can be extended up to 3 years if the defendant is continuously absent from the state without a known residence or work. For offenses involving minors, statutes often begin at age 16.

Serious Ramifications

Felonies are very serious charges affecting liberty and your future. Violent felonies, sex offenses, and crimes involving children may classify the accused as Habitual Felony Offenders, Prison Release Re-offenders, Violent Felony Offenders, 10-20-Life Offenders, GORT Offenders, and more. McCulloch Law, P.A. has experience with serious crimes and provides the defense you need. Always evaluate an attorney’s experience and qualifications before hiring.