Criminal Law (State & Federal)

From our attorneys on this topic

Battery on a Law Enforcement Officer in Florida: Charges and Penalties
Touching or striking a Florida officer turns a misdemeanor into a felony under § 784.07 — but only if the State can prove you knew the victim was a covered official. How the reclassification works, who it covers, and when it doesn't apply.

Assault and Aggravated Assault Charges in Florida: Simple vs. Aggravated, Penalties, and Defenses
Florida assault charges range from a 60-day second-degree misdemeanor to a 5-year felony depending on whether a deadly weapon or felonious intent was involved, and who the alleged victim was. What §§ 784.011 and 784.021 actually require — and when self-defense applies.

Can You Get a Green Card With a Criminal Record?
A criminal record doesn't automatically block a green card, but specific convictions trigger inadmissibility grounds with limited waivers — and a 2026 USCIS policy memo makes even eligible cases more discretionary. What actually stops an application, what can be waived, and how the process works.

Battery and Aggravated Battery Charges in Florida: Degrees, Penalties, and Defenses
Florida battery charges range from a 1-year misdemeanor to a 30-year first-degree felony depending on injury, weapon use, and who the alleged victim is. What §§ 784.03, 784.041, and 784.045 actually require — and when self-defense applies.

Resisting Arrest in Florida: The Line Between a Misdemeanor and a Felony
Florida charges resisting an officer two ways — without violence (a first-degree misdemeanor) and with violence (a third-degree felony). Where the line falls, what the State must prove, and why the lawfulness of the officer's conduct matters.

Burglary Charges in Florida: Why What You Entered — and Who Was Inside — Matters More Than What You Took
Burglary is always a felony in Florida — 5 years to life depending on the place, who was present, and what happened inside. How § 810.02 grades it, and where the real fights are.

Crimes Involving Moral Turpitude: Which Florida Charges Threaten Your Green Card or Visa
What a 'crime involving moral turpitude' means under federal immigration law, which common Florida charges are analyzed this way, and how it can affect a green card, visa, or naturalization case.

Violation of Probation in Florida: How a VOP Case Works — and Why the Rules Are Different
What counts as a violation of probation in Florida, what the judge can do, why VOP hearings have different rules than a new charge, and the technical-violation off-ramps in § 948.06.

Withhold of Adjudication in Florida: What It Is, Who Qualifies, and What It Does Not Erase
A withhold of adjudication lets a Florida judge accept a plea without convicting you — probation instead of a conviction under § 948.01. But it is not an eraser: the record stays public, immigration law still counts it, and some charges can never receive one. Who qualifies under § 775.08435, what a withhold protects, and where it falls short.

Criminal Charges for Exploitation of the Elderly in Florida: Why Every Case Is a Felony
Financial exploitation of an elderly person or disabled adult is charged under § 825.103, Florida Statutes — a felony at any dollar amount, with thresholds that climb to a first-degree felony at $50,000. Who the statute protects, the six ways it defines exploitation, the transfer presumption, and why these cases so often involve family members and caregivers.

Grand Theft Charges in Florida: Where the Felony Lines Fall — and Why the State's Number Is Not the Last Word
Grand theft in Florida starts at $750 and climbs to a 30-year felony at $100,000 — and some property, like cars and firearms, is grand theft at any value. How § 812.014 grades the charge, how value is actually proven, and where the defense fights.

Criminal Charges for Fraud in Florida: Why There Is No 'Small' Organized Fraud
Fraud charges in Florida usually mean organized fraud or communications fraud under § 817.034 — and organized fraud is a felony at any dollar amount, with no misdemeanor tier. How the charges are graded, how they differ from theft, why counts multiply, and when the case turns federal.

What Do Pending Criminal Charges Mean in Florida? The Timeline From Arrest to Resolution
Pending criminal charges mean a case is open but not resolved — and in Florida, an arrest is not the same as a formal charge. The State Attorney decides whether to file, strict deadlines govern how long that decision can take, and the speedy trial clock now starts when formal charges are filed. The full timeline, stage by stage.

How to Get Criminal Charges Dropped in Florida: Who Can Do It — and the Paths That Actually Exist
In Florida, only the State Attorney can drop a criminal charge and only a judge can dismiss one — but there are established paths that push a case toward that result: the filing decision, pretrial diversion under § 948.08, motions to dismiss, self-defense immunity, and speedy trial. How each one works and what to avoid while a case is pending.

Identity Theft Criminal Charges in Florida: Why the Base Charge Is Already a Felony
Identity theft in Florida is charged as criminal use of personal identification information under § 817.568 — a felony from the very first offense, with mandatory minimum prison terms as the dollar amounts and victim counts climb, and a federal system that adds a mandatory two-year consecutive sentence. How the charges are graded and what actually matters in the defense.

Criminal Charges for Embezzlement in Florida: Why the Dollar Amount Decides Almost Everything
Florida has no separate crime called embezzlement — it is prosecuted as theft under § 812.014, and the dollar amount decides whether that means a misdemeanor or a 30-year felony. How the charges are graded, when the case turns federal, and what actually matters in the defense.

Misdemeanor Criminal Charges in Florida: Degrees, Penalties, and What “Minor” Really Means
Florida divides misdemeanors into two degrees — up to 1 year in county jail for a first-degree misdemeanor, 60 days for a second-degree. The common charges at each level, when a misdemeanor becomes a felony, and why a “minor” charge still creates a permanent criminal record.

Criminal Conspiracy Charges in Florida: When an Agreement Becomes a Crime
In Florida, agreeing with someone to commit a crime is itself a crime — even if the planned offense never happens. How conspiracy charges are ranked and punished under state and federal law, what prosecutors must prove, and the defenses that apply.

No-Contact Orders in Florida: How They Work and How to Get One Lifted
A no-contact order in a Florida criminal case can only be changed by the judge — not by the alleged victim, and not by private agreement. What the order prohibits, how to ask the court to modify it, and how it differs from a civil injunction.

Criminal Charges for Domestic Violence in Florida: What the Label Actually Changes
Domestic violence is not a single crime in Florida — it's a designation that changes arrest, bond, jail minimums, probation, record sealing, and gun rights. What the accused and the accuser both need to know.

Hit-and-Run Criminal Charges in Florida: What Leaving the Scene Really Costs
When leaving the scene of a crash is a misdemeanor and when it's a felony in Florida — the penalties at each level, the mandatory license revocation, and what to do if you're accused.

What Are Federal Criminal Charges — and How Are They Different From State Charges in Florida?
What makes a criminal charge federal instead of state, who prosecutes federal cases in South Florida, and how federal court differs on bail, grand juries, sentencing, and time served.

If Your Charges Are Dismissed, Do You Still Have a Criminal Record in Florida?
A dismissal ends the case, not the paper trail. What stays on your Florida record after charges are dismissed, how automatic sealing works, and when expungement can clear the arrest.

Can a Victim Drop Criminal Charges in Florida?
Why the State Attorney — not the alleged victim — controls criminal charges in Florida, what a victim's wishes can actually change, and what both sides should avoid while a case is pending.

How Criminal Charges Can Affect Immigration Status in Florida
What Florida arrests, pleas, and convictions can mean for green cards, visas, and removal — and why a plea that looks favorable in state court may not be immigration-safe.

You're Getting Pulled Over and There's Weed in the Car? Whatever You Do, Don't Do This!
Pulled over in Florida with marijuana in the car? The split-second move most people make can turn a citation into a felony. A Fort Lauderdale lawyer explains.

Prescribed Xanax, Percocet, or Another Controlled Substance? Keep Your Prescription Nearby
Carrying Xanax or Percocet without the bottle can mean a Florida drug arrest. MK Law's Fort Lauderdale attorneys explain how to protect yourself.