Delray Beach 3rd Degree Felony Defense Lawyer

3rd Degree Felony Defense Attorney in Delray Beach, FL

A 3rd degree felony offense may be just a step above a misdemeanor, but the consequences are significantly more severe. If you are facing charges for a 3rd degree felony, you need a Florida 3rd degree felony defense lawyer who can protect your rights and freedom.

The Law Offices of Julian M. Kessel is a firm that understands the significant impacts of a felony conviction. Attorney Kessel and his team have over half a decade of experience, providing aggressive representation for their clients at the South County Courthouse in Delray Beach. The firm focuses on high-stakes criminal cases and is known for taking an aggressive approach that gets results.

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Florida’s 3rd Degree Felony Explained

A 3rd degree felony charge is the least severe felony in Florida, but it is still a serious charge that comes with severe consequences. A 3rd degree felony is a crime that is more serious than a misdemeanor but not as severe as a 2nd or 1st degree felony. In 2023, drug crimes made up over a third of all crime in Florida.

These crimes are typically associated with acts that pose a risk to another person or cause harm, but they do not result in loss of life or severe physical injury. Having multiple arrests for impaired driving is a common 3rd degree felony, with over 30,000  arrests each year in Florida for DUI. Some examples of common 3rd degree felony crimes in Florida include:

• Driving under the influence with three or more prior convictions within 10 years
• Unlawful possession of a controlled substance or possession with intent to sell it
• Grand theft of property with a value of $750 or more but less than $20,000
• Carrying a concealed weapon without a permit

Possible Penalties for a 3rd Degree Felony

If convicted of a 3rd degree felony, you may face criminal and financial consequences. These crimes are punishable under Florida Statutes § 775.082, which sets the maximum penalties at:

• Up to five years in prison
• Up to five years of probation
• Fines up to $5,000

In Florida, judges have discretion when determining 3rd degree felony penalties and sentencing. They can look at factors such as the severity of the crime, the defendant’s prior criminal history, and whether the crime was violent and caused harm to others.

In addition to the criminal penalties, a conviction can impact a person’s life in several other ways. Even after serving the sentence and probation, having a 3rd degree felony on your record can make it difficult to find employment or housing. It can also restrict the ability to obtain certain professional licenses. Furthermore, you may lose certain civil rights, such as the right to vote.

Defense Strategies for a 3rd Degree Felony

The applicable 3rd degree felony defense strategies depend on the case. Having an experienced Delray Beach 3rd degree felony defense attorney who understands Florida’s criminal justice system is crucial to navigating the process. Two of the possible defense strategies they might use include:

• Failure to meet the burden of proof. The prosecution must prove its case beyond a reasonable doubt. A defense attorney can argue that there is not enough evidence to convict their client.
• Violation of constitutional rights. Defendants have several constitutional rights that the state needs to follow, such as protection against self-incrimination, the right to a speedy trial, and protection against unlawful search and seizure. If any of these rights are violated, a defense attorney can argue to suppress evidence.

Hire a 3rd Degree Felony Defense Lawyer

Felony charges, even the least serious, can have long-lasting consequences. Because the stakes are so high, it’s important to hire a 3rd degree felony defense lawyer with the experience and knowledge to build a strong defense.

An attorney can represent you throughout the entire legal process, be your advocate, and work toward the most positive outcome possible. To build your case, an attorney can:

• Evaluate the charges against you.
• Investigate the facts and evidence of the case.
• Consider defense strategies.
• Negotiate a plea deal.
• Represent you in court.
• Provide counseling throughout the legal process.

FAQs About 3rd Degree Felony Defense Law

What Is the Minimum Sentence for a 3rd Degree Felony in Florida?

There is no mandatory minimum sentence for a 3rd degree felony in Florida. There is a maximum sentence of up to five years in prison. Since the state does not have a mandatory minimum, the court can use its discretion when determining a sentence, including imposing probation instead of prison time.

Can a 3rd Degree Felony Be Dropped in Florida?

A 3rd degree felony can be dropped or dismissed in Florida under certain circumstances. If the defense successfully argues that the prosecution has insufficient evidence to support a conviction, or if key evidence is inadmissible, the state may drop the charges or dismiss the case. A defendant may be given the option to complete a pre-trial diversion program to have the charges dismissed.

Is a 3rd Degree Felony the Worst?

A 3rd degree felony is the least serious felony charge in Florida. The worst, or most serious, is a 1st degree felony. A 1st degree felony often involves significant harm to others or property, such as drug trafficking, aggravated battery, or burglary with assault. The penalties for 1st degree felony include up to 30 years in prison and long probation periods.

How Long Does a 3rd Degree Felony Stay on Your Record in Florida?

A 3rd degree felony can stay on your record permanently in Florida. Felonies do not automatically fall off your record. The charges may be expungable under Florida Statute § 943.0585, but only certain felonies and under certain circumstances. A felony defense attorney can determine if you are eligible to seek an expungement.

Contact a 3rd Degree Felony Defense Lawyer

If you are facing 3rd degree felony charges, you most likely feel overwhelmed by the legal process, but you don’t have to go through it alone. Contact The Law Offices of Julian M. Kessel today. We can explain the charges against you, discuss your options, and develop a defense strategy tailored to your specific case.