Ave Maria Criminal Defense Lawyer

Ave Maria Criminal Defense Lawyer

Ave Maria, FL Criminal Defense Attorney

With criminal charges comes the possibility of life-altering consequences such as long-term imprisonment, steep fines, probation, and loss of other freedoms if those charges result in a felony conviction. If you are facing criminal charges in Ave Maria, don’t take chances with your freedoms. Seek the legal counsel of an experienced and qualified Ave Maria criminal defense lawyer.

When criminal charges result in a conviction, the offender must serve the sentence handed down by a Florida court. Furthermore, even after that sentence is served, there are social consequences one often endures. For instance, loss of employment, difficulty finding new employment with a criminal record, loss of relationships such as child custody, and loss of social acceptance by friends and sometimes even family are all potential consequences faced by many.

Ave Maria Criminal Defense Lawyer

The Law Office of Donald P. Day: Criminal Defense Lawyers With Trial Experience

The Law Office of Donald P. Day knows what’s at stake for our clients. We understand you have a lot to lose, and our criminal defense legal team can work aggressively to produce an ideal strategy that we believe can garner an optimal outcome for your specific case. Our staff of lawyers and legal assistants have diverse and comprehensive backgrounds that help them serve your legal needs with excellence.

With almost 50 years of legal experience, we have everything it takes to answer your questions, defend your rights, and litigate for your freedom. After a free consultation with our firm, you’ll have a more thorough understanding of your case and know your options for defending your name and reputation through our aggressive advocacy.

What Can an Ave Maria Criminal Defense Attorney Offer?

When a defendant employs a criminal defense attorney to represent and defend them against the criminal charges they are facing, they obtain access to a vast, complex understanding of criminal law. Laws change often, and thus, it is important to have the knowledge and support of a criminal defense attorney who is well-versed in Florida criminal law.

Criminal charges carry a wide variety of consequences and penalties that range from minimally severe to very severe, and a defendant’s past convictions, as well as other factors, can influence the sentencing in the event of a conviction. Having a legal team that is familiar with the parameters of Florida criminal courts may help lessen the severity of charges and sentencing.

One of the primary roles of a criminal defense attorney is to ensure the rights of their clients are protected. This includes ensuring the defendants they represent are treated fairly and provided the chance to present their side of the story. Additionally, a skilled attorney in Ave Maria, FL, should ensure their client gets a fair trial and is treated as innocent until proven guilty, advising them within the protections of their constitutional rights.

Criminal Defense Practice Areas

There are a number of legal actions that can be taken against an individual for breaking many different areas of the law. Some of the most common criminal charges for which most defendants seek legal support are described below.

  • DUI/DWI – A first offense of DUI in Florida can carry a sentence of up to six months in jail. For defendants who receive a DUI while driving with a minor or having a blood alcohol content (BAC) of more than 0.15%, jail time can be as long as nine months. The penalties for a DUI may increase with each subsequent conviction within a ten-year period. A fourth conviction could result in imprisonment for up to five years.
  • Violent Crimes – In Florida, first-degree felonies like manslaughter have a maximum 30-year prison sentence. A first-degree murder conviction or capital sexual battery conviction can carry the death sentence, while third-degree felonies, like aggravated assault, have up to a five-year maximum prison penalty.
  • Sex Crimes – In Florida, sex crimes range from various degrees of misdemeanors to varying degrees of felonies. For example, prostitution is a second-degree misdemeanor with penalties including up to 60 days in jail, while indecent exposure is considered a first-degree misdemeanor, which is punishable by a sentence of up to one year in jail.Additionally, possession of child pornography is a third-degree felony with a maximum sentence of up to five years in jail, and sexual battery is a second-degree felony punishable by up to 15 years in jail.
  • Theft – For stolen property valued at more than $750, defendants can be charged with grand theft. A conviction of this charge is a felony that can carry a sentence of anywhere from five to 30 years in prison, depending on the value of the property and the severity of the circumstances, as well as the criminal history of the offender.
  • Drug Crimes – Drug crimes can either be misdemeanors or felonies, depending on the criminal act as well as the amount of drugs associated with the arrest. Drug trafficking charges can result in a first-degree felony conviction with a mandatory prison sentence of anywhere from three to 25 years, depending on the type of drug and quantity in question.
    On the other end of the spectrum, first-degree misdemeanor possession charges are punishable by anywhere from 29 days up to 11 months in jail.
  • White-Collar Crimes – White-collar crimes include such illegal acts as embezzlement, blackmail, fraud, identity theft, and forgery, among others. Depending on the amount of money involved in the crime, white-collar crimes can be either misdemeanors or felonies that can lead to sentences of anywhere from 60 days in jail to up to 30 years in prison.

Defense Strategies for Criminal Defense Cases

Anyone facing criminal charges in Ave Maria may potentially face several negative repercussions. However, with an experienced Ave Maria criminal defense lawyer working on a sound criminal defense strategy, there is an opportunity for the charges to be reduced or dropped in certain unique situations. Some of the most effective criminal defense strategies are mentioned below.

  • Alibi – Proving the defendant’s alibi at the time the crime took place is an ideal approach to getting criminal charges dropped.
  • Police Misconduct or Mishandling of Evidence – When it can be decidedly proven that a defendant’s constitutional rights were violated via either the misconduct of police officers or the mishandling of evidence used to warrant charges, this can be an effective defense strategy in a criminal defense case.
  • Self-Defense or Defense of Others – When the defendant’s lawyer can prove their client acted in defense of themselves or others, they thereby establish that the criminal activity was committed for a reason that justifies its criminality. This may lead to charges being dropped or reduced or to the defendant being acquitted.
  • Expired Statute of Limitations – If charges are brought about against a defendant outside of the statute of limitations, a criminal lawyer can use this fact to establish the invalidity of the charges. Second-degree felonies must be prosecuted within three years following the crime in question, and first-degree felonies must be prosecuted within four years.
  • Attacking the Credibility of Witnesses – In cases in which the testimony of a key eyewitness or even a professional witness is crucial to obtaining a guilty verdict, it can be a useful tactic to diminish the credibility of these witnesses, when appropriate, to remove their testimony as admissible evidence.
  • Insanity – Making a plea of insanity is often a last resort because of the implications of guilt and the potential institutionalization of the defendant thereafter, but it does prove to be useful in some instances in which it becomes the less severe of two potential outcomes.
  • Negotiating a Plea Bargain – When all else fails, often, the ideal choice in a case is to negotiate a plea bargain that minimizes charges and penalties, such as reducing charges from a felony to a misdemeanor. The defendant may agree to plead guilty to less severe charges in exchange for less severe penalties.

Every criminal defense strategy listed above and any approach not cited here is difficult to carry out in Florida courts. It takes a knowledgeable and experienced legal team with an explicit and intimate understanding of the Florida legal system to identify, prove, and present an effective and convincing defense, no matter how minimal or severe the charges may be.

Furthermore, even if the evidence supporting the defendant’s innocence seems clear, the prosecution can still overcome it if care is not taken in the planning, implementation, and presentation of evidence and facts to the court. It is not recommended that defendants represent themselves when facing criminal charges, as doing so means risking potentially severe consequences, and a layperson is likely incapable of navigating the legal system effectively.

Hire a Qualified Ave Maria Criminal Defense Lawyer

If you are ready to fight the criminal charges brought against you, the lawyers at the Law Office of Donald P. Day are ready to support you. We have the legal strength and skills you need to optimize the outcome of your case. Contact the Law Office of Donald P. Day and take advantage of our free consultation. We are prepared to do whatever is necessary to defend you, whether it be to negotiate with the prosecution, investigate your case, and/or litigate on your behalf.