Fort Lauderdale Felony Defense Attorney

Are you facing felony charges in Broward County? While any criminal charge is cause for concern, felonies are more serious than crimes charged as misdemeanors. As a result, felony convictions typically carry significant and potentially life-altering penalties, such as fines, imprisonment, and secondary effects like reputational damage. Whether you've been accused of or charged with a felony offense, it's crucial to discuss your rights and options with an experienced Florida defense attorney as soon as possible.

At The Law Offices of Dave L. Simmons, P.A., our dedicated Fort Lauderdale felony defense lawyer has the knowledge and skill needed to protect your rights. An aggressive former prosecutor and public defender, Simmons develops strong legal strategies and fights tirelessly to help clients secure the best possible outcome under the facts of their felony cases.  Learn more about these criminal cases and discover how our Broward County defense attorney could help you safeguard your freedom and future. 

Understanding Felony Charges in Florida

Felonies are serious crimes punishable by more than one year of imprisonment. Florida classifies felonies into various degrees based on the severity of the offense. Below are the five felony classifications, their penalties, and examples, from the least serious to the greatest. 

• Third-degree felonies. Punishable by up to five years in prison and fines up to $5,000, common examples of felony offenses in this category include aggravated stalking, resisting arrest with violence, and felony battery. Though third-degree felony charges are the least serious, they can still carry long-term consequences.
• Second-degree felonies. Encompassing offenses such as DUI manslaughter, dealing in stolen property, and burglary of a dwelling, these felonies can result in fines of up to $10,000 and as many as 15 years imprisonment.
• First-degree felonies. Like second-degree felonies, third-degree felony charges carry fines of $10,000 and up to 30 years in prison unless the statute permits a longer sentence. If you're under investigation for drug trafficking, burglary involving assault and battery, robbery involving the use of a deadly weapon, or another first-degree felony, immediately consulting a seasoned Fort Lauderdale felony defense attorney is imperative.   
• Life felonies. Some homicide and sexual battery crimes are life felonies punishable by a $15,000 fine and either life imprisonment or a minimum 25-year prison term, followed by lifetime probation.
• Capital felonies. Classified as the most severe offenses, capital crimes, such as first-degree murder, can carry consequences such as life in prison without the possibility of parole or the death penalty.   

Exploring Your Rights and Potential Defenses in a Broward County Felony Case

The defenses available in a felony criminal matter vary depending on the facts of the case. However, in every criminal case, the State must prove the defendant's guilt beyond a reasonable doubt. Though the term lacks a precise legal definition, it's often interpreted to mean that no reasonable person who reviewed the evidence could conclude anything other than the defendant's guilt. 

Failure to Meet the Burden of Proof

Beyond a reasonable doubt is a high evidentiary burden for the State. If it cannot prove an element of a charged offense, our accomplished Broward County defense lawyer will argue that the jury should find our client not guilty. For example, many felony crimes involve an element of intent. Establishing guilt requires the State to demonstrate that the defendant possessed the state of mind indicated by the relevant statute when committing the crime. 

Rights Violations

Defendants in criminal cases have various constitutional rights the State must follow, such as: 

• The presumption of innocence
• The right to counsel
• Protection against self-incrimination and Miranda rights during interrogations
• Protection against unreasonable search and seizures
• The right to a speedy trial 

If the State violates your rights, our Fort Lauderdale felony defense attorney might be able to argue for suppressing inappropriately obtained evidence or move to dismiss your charges and case.