Lakeland Felony Defense Lawyer | Criminal Defense Attorney

Experienced Lakeland Criminal Defense Lawyer, Lee A. Cohen, offers legal services for alleged Felony Crimes in Lakeland, Polk County, and Central FL.

Call Attorney, Lee A. Cohen 863.646.7636

Any felony case is very serious. How I would handle a felony criminal case is to first get discovery, which includes all the documents that the state attorney will have, do my own investigation regarding the case and give you advice not only involving the case itself but the legal ramifications of minimum and maximum conviction penalties according to the statutory guidelines.

Many people do not realize that Florida has the guideline system where every felony offense is scored to a certain number of points. If you score over 44 points, then the court has very little discretion and must send you to prison. My job is not only to work on your defenses, but also to provide better options to the Court and you regarding the possible disposition of your case.

In my representation, I will be looking at a guideline analysis to make sure that you do not score over 44 points, and to have discussions and negotiations to try to ensure you do not score into a prison range. Also, with felony convictions, there are minimum mandatories that could apply to certain cases, and I will certainly make sure you’re aware of those minimal mandatories and other things you need to be aware of.

Initially, something anyone wants to avoid with a felony case is an adjudication. If you are adjudicated in a felony case, then you lose some of your civil rights forever. Some of the civil rights that you could lose include the right to own a firearm, the right to vote, or other civil rights. In some cases, some of these civil rights may be restored, but you must go through a process. The easier thing to do this to make sure you’re not adjudicated to begin with. There are various ways to ensure that you do not get adjudicated with a felony, so you do not lose your civil rights, or get tagged with a felony, and so that you’re eligible in the near future for sealing or expunging that record, so that no one will see that you were charged for or went to court for a felony.

FELONY CRIME CONVICTION PENALTIES:

• 3rd degree felony: punishable by up to a $5,000 fine, five (5) years probation, five (5) years jail.
  
  
• 2nd degree felony: punishable by up to a $10,000 fine, fifteen (15) years probation, fifteen (15) years jail.
  
  
• 1st degree felony: punishable by up to $10,000 fine, thirty (30) years probation, thirty (30) years jail. Some felonies have minimum required jail sentences upon conviction.
  
  
• There are also criminal offenses punishable by life imprisonment (a “life felony”) and others punishable by life imprisonment or death (a “capital felony”).

Protect your rights by seeking the legal advice and representation of an experienced Felony Criminal Defense Lawyer.

Contact Lee A. Cohen at 863.646.7636 for your Felony Criminal Defense legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation. 

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I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.

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What is the difference between a felony and a misdemeanor in Florida?

A felony and a misdemeanor are two categories of criminal offenses in Florida that differ in their severity and penalties.

A felony is a more serious crime that is punishable by one year or more in prison, while a misdemeanor is a less serious crime that is punishable by up to one year in jail. Additionally, a felony conviction may result in harsher consequences such as increased fines, loss of the right to own a firearm, or loss of the right to vote.

Some examples of felonies in Florida are assault, battery, carjacking, homicide, incest, kidnapping, robbery, sexual battery, stalking and grand theft. Some examples of misdemeanors in Florida are petit theft, battery, domestic violence, shoplifting, vandalism, disorderly conduct, giving alcohol to a minor, driving with a suspended license, driving under the influence (DUI), and possession of less than 20 grams of marijuana.

Misdemeanors are further classified into first and second degree crimes, depending on the maximum jail time and fine.

How long does a felony stay on your record in Florida?

The answer is not simple, as different types of felonies have different consequences and statutes of limitations. However, in general, a felony charge or conviction will remain on your record indefinitely, unless you successfully apply for the record to be sealed or expunged, or you receive a pardon from the president or the governor of Florida. Expungement is not available for all felonies, and it requires meeting certain criteria and following a legal process. A pardon is very rare and discretionary. Therefore, if you are facing a felony charge, it is important to consult with an experienced criminal defense attorney who can help you fight the charge and protect your rights.

Is it possible to have a felony conviction expunged in Florida?

In Florida, you cannot expunge a felony conviction from your criminal record. This means that your felony conviction will always be accessible by potential employers, housing providers, and other citizens. The only way to clear your criminal record is if you were arrested or charged for a felony but not convicted, or if the court withheld the adjudication of guilt. In that case, you may be eligible to apply for expungement or sealing of your criminal record, but you can only do it once in your lifetime. Therefore, it is important to consult a lawyer to help you with the process and avoid any mistakes that could jeopardize your petition.

Is it possible to have a felony charge reduced to a misdemeanor in Florida?

In some cases, it may be possible to have a felony charge reduced to a misdemeanor in Florida. This process is known as a downward departure or a mitigation of sentence, and it requires the approval of the judge and the prosecutor. There are several factors that may influence the decision, such as the nature and severity of the offense, the defendant's criminal history, the victim's wishes, and the availability of alternative sanctions. A downward departure is not a right, but a privilege that may be granted at the discretion of the court. Therefore, it is advisable to consult with an experienced criminal defense attorney who can evaluate your case and negotiate with the prosecution on your behalf.

Are there situations when pleading guilty or no contest to a felony charge could be in my best interest in Florida?

Pleading guilty or no contest to a felony charge in Florida may have some advantages in certain situations. For example, if the evidence against you is overwhelming and you want to avoid a trial, you may be able to negotiate a plea bargain with the prosecutor that reduces your sentence or charges. Alternatively, if you are facing multiple charges and some of them are more serious than others, you may be able to plead guilty or no contest to the lesser ones and have the others dismissed. However, pleading guilty or no contest to a felony charge also has serious consequences, such as losing your civil rights, having a criminal record, and facing potential immigration issues. Therefore, you should always consult with an experienced criminal defense attorney before making any decisions about your case.

Is it advisable to seek the representation of a Florida Board Certified Criminal Trial Lawer when facing Felony Criminal Charges in Lakeland / Polk County, Florida?

If you are facing felony criminal charges in Lakeland or Polk County, Florida, you may want to consider hiring a Florida Board Certified Criminal Trial Lawyer. A board certification is a recognition of the lawyer's expertise and experience in criminal trial law. A board certified lawyer has met rigorous standards of professionalism, ethics, and competence in the field. A board certified lawyer can provide you with effective representation and guidance throughout the legal process. Hiring a board certified lawyer may be able to increase your chances of achieving a favorable outcome in your case.

According to the Florida Bar, only 7% of the lawyers in Florida are board certified in any specialty, and only 0.5% are board certified in criminal trial law.

Lee A. Cohen is a Florida Board Certified Criminal Trial Lawyer with over 20 years of experience in defending clients against various criminal charges, from DUI to murder. He is also a former prosecutor and a former public defender, which gives him a unique perspective on the criminal justice system.

Generally speaking, when should I fight Felony Criminal Charges, and when should I seek a Plea Deal that drops the charges to a misdemeanor?

The decision to fight felony criminal charges or to seek a plea deal that drops the charges to a misdemeanor depends on several factors, such as the strength of the evidence against you, the potential consequences of a conviction, and the availability of alternative sentencing options. Generally speaking, you should fight felony charges if you have a strong defense, such as self-defense, alibi, or lack of intent, or if the prosecution's case is weak or flawed. On the other hand, you should consider a plea deal if you have little chance of winning at trial, if the plea offer is favorable and reduces your exposure to harsh penalties, or if you can benefit from programs such as diversion or probation that may help you avoid incarceration or a criminal record.

What are my rights during a Felony Criminal Trial in the State of Florida?

If you are facing a felony criminal trial in the state of Florida, you should be aware of your rights and remedies under the law. One of these rights is the right to a speedy trial, which means that the state must bring you to trial within a certain time period after your arrest or notice to appear. According to Rule 3.191 of the Florida Rules of Criminal Procedure, this time period is 175 days for felony charges. If the state fails to bring you to trial within this time limit, you may file a notice of expiration of speedy trial time and request a hearing to determine if you are entitled to be discharged from the charges. However, you may also waive your right to a speedy trial or demand a trial sooner than the normal time limit by filing a written demand for speedy trial. During a trial, you have the right to present evidence and witnesses in your defense, to cross-examine the state's witnesses, and to have a jury decide your case.

Can a violation of probation relating to a Felony Conviction or Plea Deal affect my current probation status in Florida?

A violation of probation relating to a felony conviction or plea deal can affect your current probation status in Florida. Depending on the nature and severity of the violation, you may face different consequences, such as a warning, a modification of your probation terms, a revocation of your probation, or a new criminal charge. The court will consider various factors, such as your prior criminal history, the seriousness of the original offense, and the circumstances of the violation, to determine the appropriate sanction. You have the right to a hearing and legal representation before the court decides your fate. Therefore, it is advisable to consult with an experienced criminal defense attorney as soon as possible if you are accused of violating your probation.

Contact Lakeland Criminal Defense Lawyer, Lee A. Cohen today at 863.646.7636

5430 Strickland Avenue, Lakeland, FL 33812

Phone: 863.646.7636 • Fax: 863.648.0983

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