Can I Go To Jail If I Am Charged With A Misdemeanor in Miami?

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If this is the first time you are being charged with a misdemeanor, you are probably worried about what may happen to you and whether you may end up going to jail. If so, the Miami criminal defense attorney at Stroleny Law, P. A. wants you to know that being arrested for most misdemeanors in Florida does not mean you will automatically end up in jail. As a matter of fact, almost nobody who is arrested for their first misdemeanor ends up going to jail. When you work with an experienced criminal defense attorney from Stroleny Law, you rarely face prison time, even if this is your second or third misdemeanor charge.

How Do Misdemeanor Cases Get Resolved?

In many cases, misdemeanor cases go to trial either before a judge or a jury. However, most cases find a resolution before going to trial because they get plea bargained or dismissed by the prosecutor or the court.


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You may avoid going to trial if you plead guilty or have no contest to the offense. If your case does not end up in a trial, it will proceed to the sentencing phase of the criminal court process.

How Are Misdemeanors Classified in Florida?

Florida classifies misdemeanor offenses in two degrees:

Misdemeanors of the First Degree

These misdemeanors are punishable by a fine of up to $1,000 and a jail term of up to one year. First-degree misdemeanors include cyberstalking, battery, and violating a restraining order.


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Misdemeanors of the Second Degree

These misdemeanors are punishable by a fine of up to $500 and jail terms of up to 60 days. Some examples of second-degree misdemeanors include prostitution, disorderly intoxication, and petty theft.

Repeat Misdemeanors

You will face enhanced penalties if you are charged with a second or other repetitive misdemeanors. After a fifth or subsequent misdemeanor, the law will consider you to be a habitual misdemeanor offender, and you will face a minimum sentence of six months in jail or residential treatment.

What Happens with a Misdemeanor Charge When There Are Victims?

If you have committed certain offenses against a vulnerable victim, such as a child, an elderly person, or a protected professional, you may land a felony penalty. This is because a first-degree misdemeanor moves up to a third-degree felony in these cases. The enhancements will depend on the crime involved.

How Does Misdemeanor Sentencing Work in Florida?

When it comes to sentencing for misdemeanor cases, judges have broad discretion. This means that although jail time is an option, this is often reserved for offenders who are unremorseful or facing a repeat misdemeanor charge.


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When it comes to imposing a sentence for a misdemeanor, the judge will take into account the offender’s past history or how amenable they are to rehabilitation. The judge will also consider whether mental health issues or addiction may have been at the root of the offense.

If you qualify for a pretrial intervention program or community court, you may be able to avoid a conviction. Judges may also hold off on sentencing you to jail and instead place you on probation without any jail time.

Get Miami Legal Representation Right Away

As soon as you are charged with a misdemeanor, contact the Miami criminal defense attorney at Stroleny Law, P. A. We will help you fight for your rights.

Julian Stroleny

A Coconut Grove native with ties to the community reaching back a hundred years, Mr. Stroleny attended MAST Academy before graduating with his bachelor’s degree from Florida International University. While attending law school at Florida International University, he worked in a top law firm in the field of probate and guardianship, learning the importance of commitment to clients and passionate advocacy. In law school, Mr. Stroleny served as class president and later went on to serve as President of the FIU Trial Team. In 2012, Mr. Stroleny competed in Washington, D.C., for the FIU Law Trial Team, winning first place at the 16th Annual National White Collar Crime Mock Trial Invitational, held at Georgetown University.

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