Felonies Defense Attorney in Daytona Beach, Florida 

Facing felony charges is a serious matter. It can also be stressful when individuals do not know what to expect when charged with a felony in Florida.   

Many consequences come with a felony charge. It can impact family, jobs, housing, and most importantly, you. It is crucial to understand that you do not have to face these challenges alone; a solid criminal defense attorney can help you through stressful times and get you on the correct path toward a brighter future.   

At DaytonaDefense.com, our team has the skill, resources, and practice to help clients facing felony charges. We can build a strong defense and fight for your rights. We proudly serve clients in Daytona Beach, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County, Florida.   

Crimes Classified as Felonies in Florida 

Generally speaking, serious crimes are classified as felonies. Please note that misdemeanors carry prison terms of under a year. Felonies come with prison sentences of over a year. The ultimate term depends on the felony classification.  

There are five classifications for felonies:  

• Third-degree felony. These felonies typically carry a maximum five-year prison term.  

• Second-degree felony. This felony classification comes with a maximum fifteen-year prison term.  

• First-degree felony. First-degree felonies can draw up to thirty years in prison.  

• Life felony. A life felony is a highly serious charge. Individuals can receive up to forty years in prison.  

• Capital felony. This felony is the most serious one. The sentence can be death or a life term without parole.     

Please note that felonies also carry a financial penalty of up to $15,000.  

Felony degrees depend on the crime committed. Here is a breakdown of the crimes classified as felonies in Daytona Beach, Florida, and neighboring areas (DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County):  

• Third-degree felony: illegal drug possession, violently resisting arrest, repeat traffic offenses (DUI), burglary, fraud (i.e., forgery).  

• Second-degree felony: aggravated assault using a weapon, child abuse, possession and sale of controlled substances, sexual assault, manslaughter (such as a DUI), selling marijuana to minors, using a firearm to commit a crime, major drug charges (i.e., manufacturing and distribution).  

• First-degree felony: manslaughter (e.g., a DUI where negligence is proven), robbery using a weapon, human trafficking, carjacking, large-scale drug trafficking, sexual assault, burglary with assault.  

• Life felony: kidnapping, an accomplice in a murder, unpremeditated murder, sexual assault of a minor, using a deadly weapon to commit a robbery, possession, and sale of a weapon of mass destruction.  

• Capital felony: premeditated murder, capital drug trafficking, armed kidnapping.  

The right legal counsel can help get charges reduced based on the true nature of the crime. An experienced criminal defense attorney can work with prosecutors to ensure that an individual receives a fair defense. 

The Legal Process of a Felony Charge in Florida 

Our team often gets questions from clients regarding what to expect when charged with a felony in Daytona Beach, Florida. To answer that question, we provide our clients with an overview of the legal process of a felony charge in Florida.  

• Crime occurs

• Law enforcement investigates the facts or complaints

• The suspect is arrested

• The suspect is charged

• First appearance in court if arrested

• The suspect may also appear voluntarily in court 

• Suspect arraignment

• Pre-trial proceeding

• Plea or trial. No trial if the suspect enters a guilty plea 

• Pre-sentence investigation if relevant

• Sentencing

Throughout the legal process of a felony charge, there are specific events that occur during the process. 

• First appearance. If an individual is arrested but cannot post a bond, the individual must appear before a judge within 24 hours. At the first appearance, the individual is told about the charges against them. The judge advises the individual to exercise their rights (legal representation). The judge reviews the documentation and raises or lowers the bond amount. The judge may also release the individual on their own recognizance.  

• Criminal charge filing. The State Attorney reviews the documentation pertaining to the case. Based on this information, the State Attorney must determine if the charges are warranted or not. If there is insufficient evidence to file charges, the State Attorney’s office issues a document stating that no charges will be filed. If the State Attorney feels sufficient evidence, criminal prosecution occurs (the charged individual goes to trial).  

• Victim impact or restitution. As part of the legal filing, the State Attorney must interview the victims to determine the crime’s overall impact on the victim(s). The State Attorney determines physical, emotional, and financial losses due to the crime. This determination serves as the basis for a victim restitution arrangement.  

• Victim compensation. If the individual is convicted, the court sentences them to pay compensation. This compensation is generally a financial settlement that covers expenses such as funeral costs, medical bills, lost wages, and living expenses. The Bureau of Victim Compensation in Florida supports permanently or temporarily disabled victims and elderly individuals. 

Possible Penalties for Felony Charges in Florida 

Felony charges in Florida carry prison terms of over a year and up to life in prison. Here is an overview of the possible penalties according to the felony degree:  

• Third-degree felony. One year to a maximum five-year prison term.  

• Second-degree felony. Five years to a maximum fifteen-year prison term.  

• First-degree felony. Fifteen to thirty years in prison.  

• Life felony. Up to forty years in prison.  

• Capital felony. A death sentence to a life term without parole.   

Penalties for felony charges are serious matters in Florida. That is why enlisting the help of an experienced criminal defense attorney helps charged individuals exercise their right to a fair defense.