Delray Beach Felony Defense Lawyer

Felony Defense Attorney in Delray Beach, FL

If you are facing felony charges and your future is in danger, you need an experienced Florida felony defense lawyer to protect your rights and advocate for your freedom. Having a felony on your record can have long-lasting effects on your future ability to get a job and housing.

Attorney Kessel and his team at The Law Offices of Julian M. Kessel have over half a decade of experience in defending clients against the most serious charges. Felony charges are serious offenses and require the attention of an aggressive and passionate attorney. The Law Offices of Julian M. Kessel also understands that every client deserves open communication and compassion throughout the legal process.

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Understanding Felony Charges in Florida

Felony charges in Florida are serious crimes, with severe penalties if convicted. Florida classifies felonies into five categories based on their severity:

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

Life and capital felonies are the most serious crimes. They often involve loss of life or severe harm. An example of a life felony is kidnapping a child under the age of 13 or selling minors into human trafficking.

Types of Felony Crimes

Most felony crimes are categorized into violent or non-violent crimes. A violent felony typically involves physical force or the threat of physical harm. In 2021, Florida law enforcement made 80,823 arrests for violent crimes. Some common violent felony offenses include:

• Aggravated assault
• Aggravated battery
• DUI manslaughter
• Aggravated child abuse
• Murder or homicide
• Kidnapping
• Sexual battery
• Arson

A non-violent felony does not typically involve the use of force, but it can still have a significant impact on its victims. In 2021, Florida law enforcement made 346,701 arrests for non-violent crimes. Some common non-violent felony offenses include:

• Drug trafficking
• Theft
• Corporate or healthcare fraud
• Money laundering
• Extortion
• Intellectual property theft

The statute of limitations for felonies in Florida depends on their severity. The state has four years to initiate a case for first-degree felonies, but capital and life felonies have no statute of limitations. 

Possible Penalties for Felony Convictions

Felony penalties after a conviction in Florida are governed by Florida Statute § 775.082, and the exact penalty will depend on the degree of the felony. A life or capital charge carries at least 25 years in prison and a fine. A third-degree felony conviction can result in up to five years in prison and a smaller fine.

Hiring an experienced Delray Beach felony defense attorney is essential when you are facing felony charges. They can guide you through the legal process and work toward a favorable outcome.

Common Felony Defense Strategies

It’s important to remember that criminal charges are not convictions, and an aggressive defense attorney can put together a strong defense to advocate for your freedom. Some common defense strategies include:

• Lack of evidence. The prosecution must prove guilt beyond a reasonable doubt. A defense attorney can show gaps in the state’s case, such as unreliable lab results or a lack of reliable witnesses.
• Constitutional violations. A Fourth Amendment violation, such as illegal search and seizure, can make physical evidence inadmissible, or a failure to read Miranda rights can make statements to the Delray Beach Police Department inadmissible.
• Self-defense. Florida Statute § 776.012 is its Stand Your Ground Law. It gives people the right to use force if they feel they are facing imminent death or bodily harm.
• Duress. If you committed a felony under duress or were forced to do so under a threat of serious bodily harm, it can be used in your defense.
• Mistaken identity. Misidentification by an eyewitness is a common cause of wrongful convictions.

Hire a Felony Defense Lawyer

If you have been arrested and charged with a felony, it is essential to hire a felony defense lawyer familiar with Florida laws and statutes. They can take steps to assert your constitutional rights and advocate for due process.

Your felony defense case needs an attorney who can investigate the case and gather evidence to support your defense. They can interview witnesses and consult relevant professionals. Developing a strong legal strategy starts with examining the charges and the evidence to determine the most effective approach for your defense.

If the case goes to trial, your attorney can represent you in court and deliver a persuasive legal argument based on the evidence.

FAQs About Felony Defense Law

What Are Felons Not Allowed to Do in Florida?

Convicted felons in Florida lose several of their civil rights. They are not allowed to vote, hold public office, or serve on a jury. A felon is not allowed to possess a firearm or ammunition, and they may be denied the opportunity to hold certain professional licenses, such as an insurance or real estate license. 

Are Felons Not Allowed to Leave the Country?

A person with a felony conviction on their record is allowed to leave the country, but they may face restrictions for entering certain countries. Canada has strict immigration rules that determine who can enter the country, and it may deny entry to someone who has been convicted of a felony beyond its borders.

How Much Does a Felony Defense Attorney Cost in Florida?

The cost of a Florida felony defense attorney depends on the complexity of the case. Some attorneys charge a flat fee for a straightforward case with a clearly defined scope of work. In more complex cases, an attorney typically charges an hourly rate. Your attorney may ask for a retainer, which the attorney can charge until it runs out, and then charge you their hourly rate.

Do Felonies Go Away After Seven Years in Florida?

Felonies do not necessarily go away after seven years in Florida. The length of time it remains on your record depends on the degree of the crime. A minor felony, such as a theft charge, could stay on your record after the completion of your sentence, including probation, but a more serious felony can stay on your record permanently. Additionally, this is not automatic; you will have to apply for expungement to clear any eligible felony from your record.

Contact a Felony Defense Lawyer

A felony defense lawyer has specific knowledge about precedents, statutes, and the procedural rules that govern Florida’s criminal justice system. This knowledge allows them to effectively navigate and defend criminal cases. If you are facing felony charges, contact The Law Offices of Julian M. Kessel for a consultation.