Misdemeanor Charges Can Still Damage Your Record

Marc A. Joseph, P.A. provides defense for first-degree and second-degree misdemeanor offenses across Florida.

If you are charged with a misdemeanor in Florida, you may face up to one year in jail for a first-degree offense or up to 60 days for a second-degree offense, along with fines, probation, and a criminal record that can affect employment and housing. Misdemeanors include offenses such as simple battery, petit theft under a certain value, possession of a small amount of marijuana, disorderly conduct, and driving with a suspended license. While these charges are less serious than felonies, a conviction still creates a public record that employers and landlords can access.

Marc A. Joseph, P.A. focuses on minimizing the long-term impact of misdemeanor charges by pursuing dismissals, diversion programs, or reductions that keep your record clean. The firm evaluates whether the arrest was lawful, whether the evidence was properly obtained, and whether the state can meet its burden of proof. In many cases, misdemeanors can be resolved without a conviction if you act quickly and work with an attorney who understands local court procedures and prosecutor tendencies.

Contact Marc A. Joseph, P.A. to review your misdemeanor charge and discuss options for resolution.

What Happens After You Are Charged

Once you are charged with a misdemeanor in Florida, you will receive a notice to appear in court or be released on your own recognizance or a small bond. Your first court date is an arraignment, where you enter a plea. If you plead not guilty, the case proceeds to pretrial hearings where your attorney files motions, negotiates with the prosecutor, and prepares for trial if necessary.

After Marc A. Joseph, P.A. begins representing you, the firm will request discovery, which includes police reports, witness statements, body camera footage, and any physical evidence. You will see whether the state has a strong case or whether there are weaknesses that can lead to a dismissal or reduction. Many misdemeanor cases resolve at pretrial conferences, especially when the evidence is thin or when diversion programs are available.

Diversion programs are often available for first-time offenders and may involve community service, counseling, or classes in exchange for a dismissal. The firm also looks at whether your Fourth Amendment rights were violated during a search or arrest, which can lead to suppression of evidence. This stage is where most misdemeanors are won or lost.

People facing misdemeanor charges often want to know whether they will go to jail, whether the charge will appear on background checks, and whether they should just plead guilty and move on.

Common concerns people have before moving forward

What is the difference between a first-degree and second-degree misdemeanor?
A first-degree misdemeanor carries up to one year in jail and a fine of up to one thousand dollars, while a second-degree misdemeanor carries up to 60 days in jail and a fine of up to five hundred dollars. The degree depends on the nature of the offense.
Will a misdemeanor conviction show up on a background check?
Yes, a misdemeanor conviction becomes part of your criminal record and will appear on most employment and housing background checks. Avoiding a conviction through dismissal or diversion is the best way to keep your record clean.
What are common examples of misdemeanor offenses in Florida?
Common misdemeanors include petit theft of items valued under a certain amount, simple battery without serious injury, possession of paraphernalia, disorderly conduct, and trespassing. Each carries different penalties depending on the degree.
Can I get a misdemeanor charge dismissed?
Yes, dismissals are possible if the evidence is insufficient, if your rights were violated, or if you qualify for a diversion program. Your attorney will file motions to suppress evidence or challenge the legality of the arrest if applicable.
How long does a misdemeanor case take to resolve?
Most misdemeanor cases resolve within a few months, especially if a plea agreement or diversion is reached early. Cases that go to trial may take longer, depending on court schedules and the complexity of the evidence.

Marc A. Joseph, P.A. handles misdemeanor cases throughout Florida with a focus on protecting your record and avoiding unnecessary penalties. Learn more about your options by reaching out to the firm today.