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Criminal Law (Specific to Florida Law)

Posted by John Moore | Apr 19, 2018 | 0 Comments

According to French sociologist Émile Durkheim, crime will always be part of human society. Durkheim's theory does seem to hold an iota of truth, as efforts made by good men to completely eradicate crime from society all through the centuries have failed.

But even if crime cannot be entirely flushed out from society, efforts still have been made to reduce the amount of criminal activities within by creating laws and statutes relating to crime that severely punish offenders, thereby discouraging others from committing same or similar offenses.

The state of Florida isn't one to tolerate crime, and has put in place a body of criminal law established by statutes to guide the conduct of its residents and punish offenders.

Some of these criminal laws in the state of Florida include:

Florida Criminal Law on DUI

DUI stands for Driving Under the Influence – it could be the influence of drugs or alcohol and is considered a major offense in the state of Florida.

This law states that an offender of the law, under the age of 21 should have their blood sample tested for alcohol content up to 0.2% while persons above 21 should be tested for alcohol content of 0.8% before being considered as defaulters.

There have been a large number of personal injury cases in Brevard County and Florida as a state due to driving under the influence (DIU). This reason alone has made the state of Florida unfriendly towards any DIU cases.

One of the best law firms for personal injury cases in Florida, John Vernon Moore Law Office provides effective defense to victims when these accidents happen.

In a situation where a police officer pulls an individual over and asks to take a blood, breath or urine test, if an alcohol level of .08 or above is discovered in the individual's blood or breath, then he/she is charged for breaking the law and made to face the penalty for DUI being to pay a certain fee depending on  how much they have been convicted for DUI.

The penalty for first time DUI conviction in Florida include:

  • A fine between $250 – $500
  • A community service of 50 hours
  • An imprisonment of no more than 9 months
  • License revocation of a period of a minimum period of 180 days
  • DUI school of 12 hours
  • Probation of no more than 1 year

Florida Criminal Law on Felony

The state of Florida separates crime into felonies and misdemeanors making it complicated for the defendant and prompting the need for attorneys in Florida to tailor their defenses and claims accordingly.

While the latter is a less serious crime punishable by a one-year time in a county jail, felonies on the other hand are “serious crimes” in the state in Florida punishable by imprisonment in a state prison or even death.

Crimes that fall under the category of felony include rape, murder, kidnapping, sexual abuse, aggravated robbery and the likes.

Though legal counsel in Florida make concerted efforts to nail offenders with fitting punishments to forestall future offenders, crime is inevitable, and this makes it necessary to know where to turn to in the event of citizens needing a legal litigation in the state.

Felonies in Florida are classified into first degree, second degree and felonies of the third degree. These crimes concern the possession of hard drugs, carrying a gun without a permit, assault and battery, theft of an unoccupied vehicle, resisting an officer by violence and DUI.

Felonies of the first degree in Florida are very severe and punishable by a 30 years imprisonment sentence and a fine payment worth $10,000.

Felonies of the second degree in Florida are also severe and punishable by a 15 years imprisonment sentence and a fine payment worth $10,000.

Third degree felony in Florida are less severe and punishable by a 5 years imprisonment sentence and the payment of a fine worth $5,000.

Probation can also be granted to an offender depending on the situation. On few occasions, a probation may take the place of a prison term, but that doesn't imply that probation are periods of freedom for offenders.

After being granted probation, an offender isn't free in any sense as he/she is still made to meet certain requirements and stipulations as dictated by the court.

About the Author

John Moore

John Vernon Moore was born and raised in Melbourne, Florida where he graduated in only 3 years as magna cum laude with a major in Political Science and minor in Biomedical Science from the University of South Florida, Tampa, Florida. John is also a graduate from the University of South Florida's ...

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