Delray Beach 2nd Degree Felony Defense Lawyer

2nd Degree Felony Defense Attorney in Delray Beach, FL

Facing felony criminal charges can be one of the most challenging experiences a person can go through. These types of charges pose a significant risk to your future and freedom. If you have been charged with one of these crimes, you need a Florida 2nd degree felony defense lawyer who can explain the charges and advocate for your rights.

At The Law Offices of Julian M. Kessel, Attorney Kessel and his team have been representing clients facing serious felony charges for over half a decade. Their approach to every case and client is proactive, as a strong offense is the key to a good defense. His team is familiar with the processes and people at the South County Courthouse in Delray Beach, so they understand the strategies that can work in the local courts.

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Understanding Florida’s Felony Classifications

Florida law divides felonies into five different classes based on their severity. Each one carries unique circumstances and comes with its own set of penalties.

• Third-degree felonies
• Second-degree felonies
• First-degree felonies
• Capital felonies
• Life felonies

Understanding a Second-Degree Felony

Second-degree felonies are serious offenses that include a wide range of crimes classified under Florida Statute §775.082. They may be categorized as violent or non-violent. In Florida, there were about 346,000 arrests for non-violent felonies. Some of the non-violent crimes that may be charged as a second-degree felony in Florida include:

• Identity theft. Identity theft that involves a financial loss between $5,000 and $50,000 can be charged as a 2nd degree felony.
• Grand theft. Stealing certain types of property, such as motor vehicles or property with a value between $20,000 and $100,000, can lead to this charge.
• Criminal mischief. This includes property damage with a value over $1,000 in certain instances, generally involving damage to a home or commercial property.
• Drug crimes. Possession with intent to sell or the manufacturing of illegal drugs fall into this category.
• Possessing a firearm with a felony conviction on your record can also lead to second-degree felony charges.

In addition to non-violent felonies, Florida also classifies several violent offenses as second-degree felonies. In 2024, 73.8% of all violent crimes in Florida were aggravated assaults. Some of these violent offenses include:

• Aggravated battery
• Statutory rape
• DUI manslaughter
• Child neglect that causes severe harm
• Strong-armed robbery

Possible Consequences for a 2nd Degree Felony Conviction

If convicted of a 2nd degree felony, you may be facing a long prison sentence, large fines, and probation that can last for up to 15 years. Florida’s Criminal Punishment Code is used to determine if the felony you are charged with requires a mandatory sentence or if your attorney can explore other punishment options.

One such option is community control or house arrest, where a person is required to stay at their home except for approved reasons, such as medical appointments, work, or school. Others include probation instead of serving prison time, pretrial diversion, or intervention.

Possible Defense Strategies for 2nd Degree Felony Charges

Strong 2nd degree felony defense strategies are needed to build a powerful case. Your attorney may:

• Challenge the evidence presented by the prosecution by looking for legal flaws. The goal is to create reasonable doubt.
• Suppress illegally obtained evidence by determining if law enforcement conducted an unlawful search and seizure. This violates your Fourth Amendment rights and makes the evidence inadmissible.
• Argue self-defense in the case of an assault or homicide. Depending on the circumstances, your attorney can claim that your actions were justified.
• Present an alibi or a witness that supports the defendant’s version of the incident.

Hire a 2nd Degree Felony Defense Lawyer

If you are facing felony charges, it is time to hire a 2nd degree felony defense lawyer. Criminal law is complex and can be difficult to understand. An experienced attorney can use their knowledge of 2nd degree defense laws to build a strong defense for your case and provide advice throughout the legal process.

Once you consult an attorney, they can get to work protecting your constitutional rights and advocating for your due process rights. Your Delray Beach 2nd degree felony defense attorney can:

• Thoroughly investigate the facts of your case, analyze the evidence, and interview witnesses.
• Develop a legal strategy by reviewing the charges against you.
• Negotiate a plea bargain on your behalf.
• If the case goes to trial, represent you in court.

FAQs About 2nd Degree Felony Defense Law

What Is the Minimum Sentence for a Second-Degree Felony in Florida?

There is no minimum sentence for a second-degree felony in Florida. The sentence depends on the crime committed and whether it is your first offense or if you have prior convictions. If convicted of a second-degree felony, you can be sentenced to up to 15 years in prison. The Florida Criminal Punishment Code is often used to calculate sentences.

How Serious Is a Second-Degree Felony?

A second-degree felony in Florida is a major offense that can lead to prison time, large fines, and probation that can last for up to 15 years. Additional long-term consequences of having a second-degree felony conviction on your record include an impaired ability to get housing or employment, along with affecting your right to vote.

Can a Lawyer Get Felony Charges Dropped?

It is possible for a skilled attorney to get felony charges dismissed or dropped, but it is a complex process and depends on several factors. If a defense finds that the prosecution has a lack of evidence or that the defendant’s constitutional rights were violated, it may be grounds for a dismissal.

Is a 2nd Degree Felony Worse Than a 3rd Degree Felony?

A second-degree felony is worse than a third-degree felony, but they do not cause life-threatening harm or death. A third-degree felony is the least serious, with a maximum penalty of up to five years in prison if convicted. For a second-degree felony, the maximum prison sentence is increased to 15 years.

Contact a Felony Defense Lawyer

Defending someone against 2nd degree felony charges in Florida takes an aggressive and experienced attorney. If you find yourself in a situation where you need a defense attorney, contact The Law Offices of Julian M. Kessel. Attorney Kessel has a reputation for providing strong, strategic defenses for his clients, designed to protect their freedom and future.