Orlando Felony & Misdemeanor Lawyer
A Florida misdemeanor or felony charge can follow you into work, housing, and family for years, and the decisions made in the first weeks often shape everything that comes after. Clyde Lemon, a former Assistant Public Defender, defends people charged in the Ninth Judicial Circuit (Orange and Osceola) and the Eighteenth Judicial Circuit (Seminole), and you work directly with him on your case, not a rotating cast of associates.
How Florida Sorts Misdemeanors
Florida divides misdemeanors into two degrees. A first-degree misdemeanor is punishable by up to one year in county jail and a fine of up to $1,000. A second-degree misdemeanor carries up to 60 days in jail and a fine of up to $500. Common first-degree charges include simple battery, petit theft of property valued between $100 and $750, possession of drug paraphernalia, and driving while license suspended with knowledge. Second-degree charges include disorderly conduct, simple trespass, and many first-time petit theft cases. The penalty range is only part of the picture. Even a withhold of adjudication on a misdemeanor leaves an arrest record that shows up on most background checks, which is why the goal is often to resolve the case in a way that keeps the door to sealing open later.
How Florida Sorts Felonies
Florida felonies run from least to most serious as third-degree, second-degree, first-degree, life, and capital. A third-degree felony is punishable by up to five years in state prison and a fine of up to $5,000. A second-degree felony carries up to 15 years and a fine of up to $10,000. A first-degree felony carries up to 30 years and, in many cases, a fine of up to $10,000. Life and capital felonies sit at the top and carry the most severe penalties Florida law allows. Knowing the degree of the charge tells you the ceiling, but it rarely tells you the likely outcome. That depends on the facts, your record, and how the defense is built. Clyde handles first- and second-degree misdemeanors and lower-level felonies, and refers out matters that fall outside the scope of a solo practice so you are never left guessing.
What Actually Drives a Felony Sentence
Florida sentences most felonies under the Criminal Punishment Code, which uses a scoresheet rather than a fixed penalty for the charge alone. Points are assigned for the primary offense, for any additional charges, for prior convictions, for victim injury, and for certain other factors, and the total sets a lowest permissible sentence the judge must impose unless there is a lawful basis to depart downward. Two people charged with the same offense can face very different exposure because one has a clean record and the other does not. This is where defense strategy starts well before any trial. Reducing or dropping secondary charges, challenging how prior offenses are scored, and presenting grounds for a downward departure can move a case from prison exposure to probation. Because the scoresheet rewards a clean or light record, first-time defendants often have options that a person with priors does not.
Withhold of Adjudication and Why It Matters
One of the most important distinctions in Florida criminal law is between an adjudication of guilt and a withhold of adjudication. When a judge adjudicates you guilty, you are convicted, and that conviction can cost you civil rights such as the right to possess a firearm and can appear permanently on your record. When a judge withholds adjudication and places you on probation instead, you are not formally convicted, which can preserve certain rights and, critically, can keep you eligible to seal the record later. A withhold is not available in every case, and it is generally not available for some serious offenses, but for many misdemeanors and lower-level felonies it is a central negotiating goal. Securing a withhold today is often what makes a clean background check possible years from now.
Diversion, Pretrial Intervention, and Specialty Courts
Florida offers several paths that can resolve a case without a conviction, especially for people without significant prior records. Misdemeanor diversion and felony pretrial intervention programs typically require completing conditions such as classes, community service, restitution, and a clean period, after which the State drops the charge. Orange, Osceola, and Seminole counties also operate specialty dockets, including drug court and, in some divisions, a veterans treatment court, that focus on treatment over punishment for eligible defendants. Admission usually depends on the charge, your history, and in some cases the prosecutor's and the victim's positions. Clyde screens for these options at the first meeting because eligibility windows can be narrow and the right program can mean walking away with no conviction at all.
Building the Defense
A strong defense starts with the question of whether the State can prove every element beyond a reasonable doubt, and it often starts even earlier, with how the evidence was gathered. Clyde reviews whether the traffic stop or detention was lawful, whether a search had a warrant or a valid exception, and whether your statements were taken after proper Miranda warnings. Evidence that comes from an unlawful stop or search can sometimes be suppressed, and a charge can weaken or fall apart when its foundation is excluded. He also tests the substance of the case: the reliability of witnesses, gaps and inconsistencies in police reports, chain of custody for any physical or lab evidence, and whether the charge actually fits the conduct alleged. Sometimes the strongest result is a negotiated reduction or dismissal; sometimes it is taking the case to trial. The plan depends on the facts, not on a template.
Consequences That Outlast the Sentence
The jail or prison exposure on a charge is often not the part that changes a person's life the most. A conviction, and sometimes even an arrest, can surface on background checks for years and create barriers to employment, professional licenses, housing applications, student aid, and immigration status. A felony conviction in Florida can also affect the right to vote and the right to possess a firearm. These collateral consequences are exactly why the structure of a plea matters so much, and why a withhold of adjudication or a diversion outcome can be worth far more than a slightly shorter sentence. Clyde weighs these downstream effects when advising on any resolution, so that the deal that looks fine on paper today does not quietly close doors you will need open later.
Related Services
Most clients on this page also want to understand one of these adjacent matters.
Frequently Asked Questions
Can a Florida felony be reduced to a misdemeanor?
Sometimes. Depending on the charge and the evidence, a felony can be reduced to a misdemeanor through negotiation with the prosecutor, and certain offenses can be charged or resolved at the misdemeanor level based on the specific facts, such as the value of property in a theft case. Whether a reduction is realistic depends on the strength of the State's proof, your record, and the prosecutor's assessment of the case. It is one of the first things Clyde evaluates.
What is a withhold of adjudication?
A withhold of adjudication means the judge accepts a plea or finding but does not formally convict you, typically placing you on probation instead. Because you are not adjudicated guilty, you may keep certain civil rights and, importantly, may remain eligible to seal the record later. A withhold is not available for every offense, but for many misdemeanors and lower-level felonies it is a key goal because of how much it can protect your future.
Will I go to jail or prison if I am convicted?
Not necessarily. Many misdemeanor and lower-level felony cases resolve with probation, community control, fines, classes, or a diversion program rather than incarceration, especially for people without significant prior records. For felonies, Florida sentences under a scoresheet that weighs the charge, any additional counts, and your prior record, and the result can range from probation to prison. The outcome depends heavily on the facts and on how the defense is built.
I have never been arrested before. What are my options?
First-time defendants often have the most options. Depending on the charge and county, you may qualify for misdemeanor diversion, felony pretrial intervention, or a specialty court such as drug court, any of which can end with the charge dropped and no conviction. A clean record also helps on a felony scoresheet and strengthens the case for a withhold of adjudication. Clyde screens for every one of these paths at your first meeting.
Can this charge be sealed or expunged later?
Often, yes, if the case resolves the right way. Florida generally allows an eligible person to seal or expunge one criminal record, and cases that were dismissed or that ended in a withhold of adjudication are frequently eligible, while a formal conviction usually is not. This is why the structure of the plea matters so much now: the decision made today controls whether the record can come off your background check years from now. See the firm's seal and expungement page for the eligibility rules.
What is the difference between probation and community control?
Both are supervised alternatives to incarceration, but community control is far more restrictive. Standard probation involves regular reporting and conditions like classes or community service while you live and work fairly normally. Community control, often called house arrest, confines you to your home except for approved activities such as work, with close monitoring and a detailed daily schedule. Community control is sometimes offered as a way to avoid prison, and Clyde will explain the trade-offs before you agree to any supervision terms.
Why does it help that Clyde was a public defender?
As a former Assistant Public Defender, Clyde tried and resolved a high volume of misdemeanor and felony cases in the same courthouses he practices in today, and he knows how the local prosecutors, judges, and diversion programs actually operate in Orange, Osceola, and Seminole counties. That courtroom experience informs realistic advice about what a case is worth and which battles are worth fighting. Just as important, you work directly with him, not a junior associate, from the first meeting through resolution.
Need a Florida Felony or Misdemeanor Lawyer?
Book a consultation online. No phone tag.