Daytona Beach Felony Defense Lawyer

Charged With a Felony? Start With These Steps

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What you do after a felony arrest matters. Before trying to resolve the situation yourself:

• Follow every court order. Read your release paperwork carefully and ask an attorney about anything you do not understand.
• Preserve existing evidence. Keep relevant messages, photographs, voicemails, and documents in their original form. Do not delete, edit, or post them publicly.
• Keep a private timeline for your lawyer. Note what happened, who was present, and where additional evidence may exist.
• Get advice before discussing the allegations. Ask to speak with an attorney before answering questions. Avoid discussing the case on social media or jail phone calls, which are commonly recorded.
• Gather your paperwork. Have the arrest information, case number, release conditions, and hearing notices available when you call.

Why Choose Daytona Defense?

Personal Attention When You Need Clear Answers

Felony cases can take months to resolve, and silence from your lawyer makes that time harder. We keep you informed, explain what the prosecution alleges, and help you understand what each decision means for you before you have to make it.

Experienced Florida Criminal Defense

Our founder has been licensed to practice law in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating. Daytona Defense handles felony charges of every degree, including drug, violent, property, weapon, and sex offenses. Meet our founder to learn more about the experience behind our approach.

Clear Fees and Payment Options

Daytona Defense offers flat-fee representation, payment plans, and no separate trial fee. Your fee does not change based on how long the case takes, so the decision to go to trial can be made on the merits rather than on cost. Ask about the fee for your case during your free consultation.

What Is a Felony in Florida?

Under Florida Statutes § 775.08, a felony is a crime punishable by death or by imprisonment in a state prison. Florida classifies felonies by degree under § 775.081: capital felonies, life felonies, and felonies of the first, second, and third degree. Some first-degree felonies are designated as punishable by life.

The degree determines the maximum possible sentence, but the actual sentence depends on Florida’s Criminal Punishment Code, any mandatory minimums, and the facts of the case.

What Is the Difference Between a Felony and a Misdemeanor?

A misdemeanor is punishable by no more than one year in county jail. A felony can bring a state prison sentence and additional long-term consequences. Some charges can move from one category to the other based on prior convictions, the value of property, or injuries alleged. Learn more about misdemeanor defense.

What Happens After a Felony Arrest?

Felony cases in Volusia and Flagler counties are handled in circuit court. The case generally moves from first appearance, to the filing of formal charges, to discovery and resolution.

First Appearance and Bond

A person arrested and held in custody is brought before a judge for a first appearance, generally within 24 hours of arrest. The judge reviews probable cause and sets bond and release conditions.

The Decision to File Charges

The prosecutor decides whether to file an information or seek an indictment, and which charges to file. In Volusia and Flagler counties, prosecutions are handled by the State Attorney’s Office for Florida’s Seventh Judicial Circuit. The charges filed can be different from the arrest charges.

Discovery, Depositions, and Resolution

Once charges are filed, the defense receives the State’s evidence and can take depositions of witnesses. Depending on the case, the next steps may involve motions, negotiations, or trial preparation. A dismissal, reduced charge, or negotiated resolution may be possible in some cases, but none can be promised.

What Are the Penalties for Felonies in Florida?

The possible sentence depends on the degree of the offense, your scoresheet, any mandatory minimums, and your criminal history. The following rules explain how Florida structures felony sentences.

Felony Degrees and Maximum Sentences

Under §§ 775.082 and 775.083, a third-degree felony carries up to five years in prison and a $5,000 fine. A second-degree felony carries up to 15 years and a $10,000 fine. A first-degree felony generally carries up to 30 years and a $10,000 fine. Life felonies and capital felonies carry the most severe penalties.

The Criminal Punishment Code

For most felonies, Florida calculates the lowest permissible sentence with a scoresheet. If the total is 44 points or fewer, the lowest permissible sentence is a nonstate prison sanction, such as probation or county jail. Above 44 points, a minimum prison sentence is calculated from the score. See our Florida Sentencing Guidelines Chart for a detailed explanation.

Sentencing Enhancements

Some sentences are increased by separate laws, including the habitual felony offender statute, § 775.084, the Prison Releasee Reoffender law, § 775.082(9), Florida’s 10-20-Life firearm law, and drug trafficking mandatory minimums. Whether an enhancement applies depends on your record and the facts the State can prove.

A felony conviction can also lead to the loss of voting rights until all terms of the sentence are completed, the loss of firearm rights, and barriers to employment and housing. These consequences are a reason to review the full impact of a proposed plea before accepting it.

How a Felony Defense Is Built

An arrest affidavit is a starting point for investigation. It is not the entire case. Our defense review looks at the accusation, the available evidence, and the legal requirements for the offense charged.

Look Beyond the Arrest Affidavit

Depending on what exists and can lawfully be obtained, relevant evidence may include video, forensic reports, phone records, witness statements, and deposition testimony. Inconsistencies between reports and testimony can matter.

Evaluate the Defense That Fits the Facts

• Suppression of evidence: Evidence or statements obtained in violation of your constitutional rights may be excluded.
• Witness credibility: Depositions can reveal inconsistencies, bias, or gaps in a witness’s account.
• Insufficient evidence: The State must prove every element beyond a reasonable doubt.
• Affirmative defenses: Self-defense, entrapment, and other defenses may apply to the facts.
• Sentencing mitigation: Under § 921.0026, the court may impose a sentence below the scoresheet minimum when a legal reason for a downward departure is established.

No single strategy fits every case. We explain the strengths, weaknesses, and practical options so you can participate in decisions about your defense.

The Time Limit to File Felony Charges

Florida’s statute of limitations under § 775.15 sets deadlines for starting a prosecution. Generally, a first-degree felony must be charged within four years, and other felonies within three years. Capital felonies, life felonies, and felonies that resulted in death have no time limit, and some offenses, including certain sexual offenses, follow special rules.

If you believe a charge was filed late, tell your lawyer. The statute of limitations can be a complete defense when it applies.

Felony Defense FAQs

Office visits by appointment. Call (386) 230-3347