Florida Misdemeanors


A misdemeanor is a criminal offense punishable by up to a year in jail. It’s a less serious criminal offense than a felony. Nevertheless, any criminal offense could have a huge negative impact on your future. Therefore, it’s imperative that you higher the best Miami misdemeanor lawyer you can find. The Law Offices of Mark Eiglarsh can most effectively assist you, or someone you know, who has been accused of any state or federal misdemeanor offense.


One of the numerous differences between misdemeanors and felonies is that police don’t have to take every misdemeanor arrestee to jail. While criminal charges like domestic violence battery and DUI (drunk driving), require that the arrestee be taken to jail, charges like misdemeanor marijuana possession, driving while license suspended, and reckless driving, do not require a physical arrest. Instead, officers are permitted to use their discretion. If the charge affords them that discretion and they choose to use it, they typically issue a “PTA,” which means a promise to appear. Often, they will secure a thumb print that gets affixed directly on the arrest report. In those cases, the accused promises that he/she will report to court when noticed. Should they fail to appear for court, a warrant gets issued. For those taken to jail for a misdemeanor, many can spend up to 18 hours before they’re released. How soon they’re released hinges often on how busy the jail is on the particular night they happen to be arrested.

The Law

In Florida, there are first and second degree misdemeanors. For those convicted of a first degree misdemeanor, they face up to a year in jail and up to a $1,000 fine. Those convicted of a second degree misdemeanor can get up to 60 days in jail and up to a $500 fine. An experienced Miami misdemeanor lawyer should know the potential penalties you face. Here’s some examples of some Florida misdemeanor offenses:

  • Assault
  • Battery
  • Criminal Mischief (Damage between $200-$1000)
  • Disorderly Intoxication
  • Disorderly Conduct
  • Driving With A Suspended License
  • Domestic Violence
  • DUI (driving under the influence/drunk driving)
  • Indecent Exposure
  • Loitering and Prowling
  • Marijuana Possession (quantity under 20 grams)
  • Possession of Drug Paraphernalia
  • Petit Theft (amount under $300)
  • Prostitution
  • Reckless Driving
  • Resisting An Officer Without Violence
  • Trespass
Potential Outcomes

An experienced misdemeanor attorney from Miami should know the most efficient way to attempt to get your misdemeanor charge(s) dropped. That’s the best possible outcome you can get. If the prosecutors drop the charge by announcing a “Nolle Prosse” (which is Latin, and essentially means, “we are not prosecuting”), then the best outcome has been obtained. Additionally, there are diversion programs that may be offered to get the charges dropped.

If prosecutors aren’t willing to drop charges, they may offer a plea involving penalties like a potential fine, court costs, classes (like anger management or DUI school), letter of apology (if appropriate), and community service hours.

Keep in mind, a veteran misdemeanor Miami attorney will “know when to hold em’ and when to fold em’.” That means, in certain instances, you shouldn’t accept a plea deal. It may be best to push prosecutors to trial, knowing they won’t be able to prove their case.

Call Now

If you or someone you know has been charged with a misdemeanor offense, call us now. While not a felony, a misdemeanor conviction can have a huge adverse affect on your future. At the Law Offices of Mark Eiglarsh, we specialize in handling misdemeanor cases and are ready to assist you now. Call 305.674.0003 for a free consultation. We look forward to assisting you.

Client Reviews
"Mark's assisted me on 3 separate instances with exceptional results. He treated me with respect and counseled me without judgment. He answered all my questions and removed any doubt during the lengthy legal process. Mark's courts skills and legal expertise places him amongst the top in his profession." D.A.
"I chose Mark Eiglarsh to serve as my Miami criminal defense lawyer during my DUI trial last month. He was great. We actually never had to go to trial because he worked out a bargain that was very nice." H.G.
"Mark Eiglarsh was a great help with my recent case, and I am very glad that he was recommended to me in Miami. He knew exactly what to do as soon as I was charged, and I was eventually released after he had the charges against me dropped. Amazing job, overall." J.G.