“You are being placed under arrest” are words that no reasonable person wants to hear spoken to them by a police officer. Those six words signify a loss of freedom and the placement into a system that you have no control of. Although unfavorable decisions may have led to your arrest, there is still an opportunity for you to proclaim your innocence. Some choose to do so while in the back of the police car, but the most appropriate time is in the courtroom with a Clermont criminal defense lawyer by your side.
A skilled attorney works to ensure that you understand the law and what the prosecutor needs to prove to secure a conviction. They then listen to your side of the story and develop a defense that meets your specific needs. Whether you are facing a misdemeanor charge, a felony allegation, or a combination of both, reach out to the Umansky Law Firm today.
Every criminal case that comes before a Clermont court has its basis in state law. These laws not only define what a prosecutor needs to prove beyond a reasonable doubt to secure a conviction but also what the potential punishment may be if that conviction does occur. Criminal cases fall into one of two main categories. The severity of a charge determines exactly which court will hear the case.
Most criminal cases in Clermont are misdemeanors. According to Florida Statute § 755.082, even the harshest level of a misdemeanor – a misdemeanor of the first degree – a court cannot impose a sentence of longer than one year in jail. Prominent examples of misdemeanor offenses include simple assault, petty larcenies, and prostitution. A DUI is also often a misdemeanor unless it is habitual.
A small proportion of criminal cases in Clermont allege behavior that constitutes a felony. In these instances, the court can impose a minimum of one year in prison after a conviction. A felony conviction does not necessarily mean that a court will send a person to prison but the likelihood is high. In addition, many felony statutes come with mandatory-minimum sentences upon a conviction. Because of this, it is essential to fight back against a felony charge at every opportunity.
In every example of criminal cases in Clermont, the prosecution bears the burden of proving the charge beyond a reasonable doubt. Because of this, an effective defense may consist of little more than questioning the legality and persuasiveness of the State’s proposed evidence. A Clermont criminal lawyer could file motions that ask a court to exclude specific evidence or cross-examine witnesses at trial to raise concerns about the value of their testimony.
Defendants and their lawyers may also introduce their own evidence to combat the prosecution’s allegations. This could involve expert testimony to contradict the allegations of prosecutors or statements from witnesses who may be able to bring doubt into the State’s version of events. Contacting an attorney now allows them to get started in forming a defense plan that best fits the needs of a specific case.
It is vitally important to approach an allegation of criminal activity from a position of strength. Whether this is a case that results in a charge that is a simple misdemeanor or the accusations rise to the level of a serious felony, a conviction is never something that you want clouding your future.
Hiring a Clermont defense lawyer to handle your case could help you avoid this unfortunate outcome. We can protect your rights while developing a defense strategy that creates reasonable doubt in the minds of jurors. Give us a call now to schedule a free consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys