Burglary is a felony offense and is categorized as a first, second, or third degree. The law defines burglary as:
- Entering or remaining in a residential or commercial structure, vehicle, or any other premises with the intention of committing an offense.
- Entering premises that are not open to the public, without having an invitation or license and, perhaps, carrying a weapon
Typical charges and the possible sentences include:
- First degree combined with assault – Life imprisonment or maximum prison term of 30 years and a $10,000 fine.
- Second degree – Maximum of 15 years’ imprisonment and a $10,000 fine.
- Third degree – Maximum of 5 years’ imprisonment and $5,000 fine.
The punishment and penalties in federal crimes are typically harsher than crimes committed in state or local jurisdictions. Offenses can include:
- Transporting stolen property across state lines
- Drug trafficking
- Human trafficking
- Assaulting a government agent
Loitering and Prowling
Charges of loitering and prowling are based on the law officer’s suspicion that the accused could be a threat to public safety and possibly, disrupting peace. The arresting officer may also choose to detain a person if they
- Run off for no apparent reason
- Refuse to provide any identification
- Try to hide or conceal an object
- Display any other behavior atypical of a law-abiding citizen
- Refuse to leave a location when asked to
Providing defense against loitering and prowling charges may seem easy but it is best to have an experienced criminal defense attorney working to disprove the evidence.
The state of Florida defines two kinds of probation violation as technical and substantive. Technical violations occur when the person violates one or more of the conditions of their probation such as:
- Failing a drug test
- Not paying court fees
- Not appearing at a mandatory probation meeting
- Not completing the rehabilitation program ordered by the court
Substantive violations occur when the person commits a new offense during the probation term. As a result, the probation is revoked and the new charges are added to the list of offenses.
Violating your probation terms could result in imprisonment depending on the circumstances.
When confronted by a law enforcement official, it is advisable to follow any instructions they may give you. Resisting arrest can quickly escalate into a misdemeanor or felony depending on the particular situation. For instance:
- Non-violent – Not allowing the officer to place handcuffs, running away, hiding, tensing up, or going completely limp. These charges can earn you a maximum one-year prison sentence of specific community service hours.
- Violent – Hitting or kicking the officer, or using a weapon or an object as a weapon to hurt the officer can result in third-degree felony charges
Stalking charges include physical and virtual attempts for unwanted communication. For instance:
- Physical stalking like following, watching through binoculars, or taking photographs without permission
- Virtual stalking like making unwanted phone calls, sending messages on social media, instant messaging, emailing, or sending images
- Aggravated stalking like sending verbal or non-verbal threats that make the other person fear for their own or their family members’ safety
Any activity or behavior that causes the other person to feel threatened, emotionally distressed, or invades privacy and personal space is considered stalking. Such charges carry a penalty of a one-year prison time depending on the severity of the crime.
A DUI or DWI charge is serious offense and the penalties you’ll incur depend on several factors such as:
- Blood Alcohol Content (BAC) Levels
- Previous convictions
- Damages to property
Each subsequent DUI charge carries more severe penalties and restrictions, and you also risk getting your license revoked.
- Fine of $2,000 and above
- Five years or higher prison sentence
- Felony of the third degree
- Vehicle impounded for at least 90 days
- Enrolling in an ignition interlocking program for at least 6 consecutive months
Drug charges and the consequent punishment depends on various factors such as:
- Class of the drug
- Intentions to use or distribute
- Amount of the drug found in your possession
Typical penalties according to the the relevant charges include:
- Possessing marijuana less than 20 gms – Misdemeanor with a maximum of 1-year prison term and $1000 fine
- Possessing marijuana between 20 grams and 25 pounds with the intent to sell – Felony with a maximum of 5-year prison term and $5000 fine
- Possessing more than 25 pounds of marijuana – Trafficking charges with a felony charge carrying a maximum of 30 years prison sentence
- Possessing cocaine less than 28 gms for personal use only – Third-degree felony charges with a maximum of 5 years’ prison term and a $5000 fine
- Possessing less than 28 gms of cocaine with the intention to distribute – Second-degree felony charge with a maximum 15 years’ prison sentence and a $10000 fine
- Possessing more than 28 gms of cocaine – Felony trafficking charge with prison sentences of 3 years to life and fines ranging from $50,000-$250,000 depending on the amount of drugs found
As a juvenile offender, even the smallest mistake can have huge consequences. Apart from a stain on your personal and professional image, being charged with a crime as a juvenile can bring with it fines, jail time, and countless hours of mandatory counseling that parents will be responsible to pay for.
If you have been charged with:
- Drug Crimes
- Probation Violation
Contact Smith and Eulo Law Firm to review your child’s case. Juvenile offenders are minors, and we believe that children are bound to make mistakes. No minor should be harshly punished for a mistake they made as a child, and our Daytona Beach defense attorneys will see to it that your child is given a fighting chance in the Florida court system.
Assault and Battery charges are extremely common in the Daytona Beach area. When tourists come down for spring break, and alcohol is inevitably consumed, the risk for fights to break out becomes much higher. With the increase in physical altercations comes a great deal of assault and battery charges, and the need for a criminal defense lawyer is evident. If you have been charged with:
- Simple Assault
- Aggravated Assault
- Simple Battery
- Aggravated Battery
Contact a defense lawyer at Smith & Eulo Law Firm. We can help you tel the course your side of the story, and advisee you on the best legal course of action for your specific situation.
Domestic violence charges carry with them a variety of penalties such as fines, jail time, and mandatory classes for abusers. However, being charged with domestic violence can also bring with it serious personal issues, such as:
- Custody issues
- Employment issues
- Spousal support issues
If you are facing domestic violence charges in Daytona Beach, don’t hesitate to call a defense lawyer. The earlier a defense attorney can review your case, the more time they will have to prepare your defense. If you have been charges with domestic violence, contact Smith and Eulo Law Firm to review your case!
Theft can be a simple crime with minimal consequences, but it can also be a life changing charge if convicted of a more severe offense. Theft can be charged as first, degree, second degree, or third degree. The most severe theft offense is first degree theft, carrying with it penalties of:
- Up to 30 years in prison
- $10,000 in fines
- Total replacement of stolen goods/monies
If you are facing theft charges in Daytona Beach. Smith and Eulo Law Firm would be proud to represent you. Our team of reputable defense attorneys can prepare your case for the Florida courts, and defend your case based on the circumstances you have provided. Contact us for a free initial case consultation.