Consequences of Misdemeanor Convictions in Florida
A misdemeanor conviction may seem minor compared to a felony, but even a misdemeanor can carry severe collateral consequences that can negatively impact your life for years to come. It is critical that you fully understand these potential consequences before moving forward with a case. A misdemeanor may be “minor” in the eyes of the law, but the aftereffects can create major hurdles to getting your life back on track.
What is a Misdemeanor Conviction?
A misdemeanor offense is any criminal charge that carries a maximum penalty of up to one year in jail. Common misdemeanors in Florida include petty theft, simple assault, disorderly conduct, trespassing, and driving under the influence (DUI). Defendants can either plead guilty or no contest and be convicted, or they may choose to take the case trial and be found guilty by a judge or jury.
In some cases, the judge may withhold adjudication after a guilty or no contest plea. This means you are technically not convicted even though you pleaded guilty. However, a withhold of adjudication can still count as a conviction for many purposes outside of the criminal justice system.
Collateral Consequences of Misdemeanors in Florida
The criminal penalties directly imposed by the court, such as probation or jail time, are not the only ways a misdemeanor conviction can impact your life. A range of collateral consequences can also occur that are unrelated to your actual sentence. According to Florida law, over 500 state statutes impose collateral sanctions for those with a criminal record.
Here are some of the major areas where a misdemeanor can have consequences that go beyond your court penalty:
Housing
One of the biggest collateral effects is on your ability to obtain housing. If you live in government-subsidized housing, a misdemeanor conviction will make you ineligible. With a conviction, you can also be denied rental housing by private landlords who run background checks. Entire families may even face eviction from affordable housing communities.
Employment
A misdemeanor conviction makes it much harder to find a job. Government agencies and private employers will see your record during background checks. You may be disqualified from certain fields like education, healthcare, and public safety. Licenses for dozens of regulated professions can be denied or revoked.
Driving Privileges
In Florida, a misdemeanor conviction can lead to suspension of your driver’s license, even for an offense unrelated to driving. Getting to work and school becomes very difficult without being able to drive legally.
Immigration Status
Those who are not U.S. citizens face severe immigration consequences. Pleading guilty to a misdemeanor could negatively impact your ability to adjust your status or even lead to deportation proceedings.
Access to Federal Student Aid
If convicted of a drug offense while receiving federal financial aid, you may lose eligibility for aid for a period of time. Drug convictions can also get you banned from living in college dormitories.
Military Service
The military runs extensive background checks and may deny enlistment or discharge service members based on a criminal history. Even with a misdemeanor, you may not be able to join or continue serving.
Second Amendment Rights
Under federal law, domestic violence misdemeanors result in a ban on firearms possession. You will not be able to purchase or own guns if convicted.
Future Sentencing
The misdemeanor will remain on your criminal record and count against you if you face any future criminal charges. It can increase penalties if convicted again.
Travel Restrictions
Some countries may deny entry to travelers with criminal records. This can impact vacations, study abroad programs, and business travel.
Social Stigma
Beyond legal barriers, a misdemeanor conviction also carries social stigma. You may face judgment and discrimination from employers, landlords, and others in your community.
Mitigating Collateral Consequences
Due to the severe and long-lasting consequences of even minor convictions, it is critical to fight misdemeanor charges vigorously. An experienced criminal defense lawyer can advise you on the best strategies, such as:
- Negotiating with the prosecutor to reduce charges in order to avoid specific consequences
- Seeking alternatives to conviction, like pretrial diversion programs
- Petitioning the court to seal or expunge your record after completing your sentence
- Applying for certificates of relief/rehabilitation that demonstrate your rehabilitation
- Appealing improperly imposed collateral sanctions
While collateral consequences are imposed by laws outside of the criminal code, a knowledgeable attorney can still minimize their impact through careful navigation of the justice system. Don’t assume that a misdemeanor conviction will blow over quickly. The effects on your life can last for years to come.
Why You Need an Expert Miami Criminal Defense Lawyer
We have seen clients face severe fallout from misdemeanor pleas they thought would be harmless. We spend time counseling clients on the full range of consequences they may face and developing strategies to defend their rights. Don’t let a simple misdemeanor derail your future. Schedule a free consultation today to discuss your best options for resolving the case while avoiding collateral damage down the road.
CALL US for a FREE CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our secure intake form.* The additional information you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.
ALWAYS INVESTIGATE A CRIMINAL DEFENSE ATTORNEY’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A LAWYER FOR YOUR CRIMINAL CASE IN MIAMI-DADE COUNTY
