Winston Law PA
561-670-9375

Criminal Defense

If you are arrested, given a notice to appear, under investigation, or have been charged with any felony or misdemeanor, please contact Winston Law, P.A. for an initial consultation, at (561)670-9375 or [email protected] as soon as possible.

Criminal Defense Overview

Being charged with a crime can be a life altering experience.  Although the law states a person accused of a crime is innocent until proven guilty, often it does not feel that way.  It is important to have a strong, aggressive and experienced criminal defense attorney fighting for your rights.  Winston Law, P.A. specializes in fighting for clients charged with all types of felonies, misdemeanors and juvenile crimes.

Assault and Battery

In Florida, assault and battery are classified as two different crimes.  Depending of the severity of the crime, both can be extremely serious carrying a sentence that includes jail time.  Assault and battery charges can be enhanced depending on the victim, the severity of the victim’s injury and whether a weapon was used during the commission of the crime.

Domestic Violence

Domestic violence includes any violent criminal offense by one household or family member against another household or family member.  It can occur between spouses, people in  dating relationships, parent and child, roommates or other family members.  Depending on the circumstances surrounding the incident, domestic violence can be charged as a misdemeanor or a felony.

Homicide/Murder/Manslaughter

If you are accused of a homicide, your freedom and life are literally on the line.  You need a knowledgeable and skilled criminal defense attorney fighting on your side.  Homicide is the killing of another human being. The severity of the charge depends upon the intent and actions of the person accused of committing the crime.

Weapons Charges

The use of a gun or other weapon during the commission of a felony enhances the severity of the crime.  The use of a firearm specifically carries mandatory minimum prison sentences under the 10-20-Life statute.  Firearm enhancements are most commonly found in cases of aggravated assault, aggravated battery with a deadly weapon, armed robbery, aggravated robbery and attempted murder.

Sex Offenses

Sex crimes are especially complex and sensitive charges that are taken very seriously under Florida law.  Just being charged with a sex crime can have a serious impact on a person’s personal and professional lifeIn addition to significant jail time, a person charged with a sex crime is also facing the possibility of being designated a sex offender or sexual predator.  Those designations require registration with the state government and make it extremely difficult to find employment and housing.

Theft Crimes

In Florida, theft is defined as unlawfully obtaining or endeavoring to obtain the property of another with the intent to permanently or temporarily deprive the alleged victim of their property.  The severity of the theft charge is dependent upon the circumstances of the theft including; the value of the property taken, if force was used during the taking, and whether a weapon was used during the taking.  In Florida, theft charges are punishable by jail time, a permanent criminal record, fines and the payment of restitution (for any damages or loss to the property burglarized).

Burglary

In Florida, burglary is defined as entering a building or property of another with the intent to commit a crime.  The severity of a burglary charge is dependent upon the circumstances of the burglary including; what type of property was entered, if there was a person inside the property at the time it was entered, whether violence occurred during the crime, whether a weapon was used, and if there was any damage to the property.  In Florida, burglary charges are extremely serious and punishable by jail time, a permanent criminal record, fines and the payment of restitution (for any damages or loss to the property burglarized).

Fraud and White Collar Crimes

Under Florida law, a fraudulent act is defined as an act with the intent or purpose of suppressing the truth or perpetrating a deception.  Fraudulent acts can include lying to a government agency, stealing from an employer, falsely signing a check and stealing the identity of another.  In Florida, a conviction for fraud has several consequences including jail time, fines, restitution payments, and the loss of a professional license.

Drug Crimes

If you are charged with a drug crime, it is important to act quickly and hire a knowledgeable and skilled criminal defense attorney.  Florida has harsh penalties for those convicted of drug crimes.  If you are charged with a drug crime, you are facing jail time, expensive fines, a permanent criminal record and a driver’s license suspension.

Drug crimes differ based on the substance possessed, the amount of substance, and whether the defendant is accused of possessing the drug for personal use, possessing the drug with the intent to sell, or selling the drug.

Driving Under the Influence (DUI) and Traffic Crimes

In Florida, driving is considered a privilege.  Committing crimes while driving can result in jail time, permanent criminal record, high car insurance costs, and a loss of driving privilege.  The severity of traffic crimes is dependent upon whether the driver is intoxicated, the quantity of alcohol or drugs in the driver’s system, and if the traffic crime caused any property damage or bodily harm to an individual.

Juvenile Crimes

In the State of Florida, juveniles are subject to the same laws as adults and can be arrested for violations of those laws.  When a child is arrested for violating the law the case goes to Juvenile Delinquency Court.  Juvenile delinquency cases are felonies and misdemeanors filed against children.  Juveniles have the same rights in the State of Florida as adults with the exception of the right to a jury trial.  Because the goal of juvenile delinquency law is deterrence rather than punishment, the consequences of juvenile crime do not include traditional prison time but instead probation and/or time in a juvenile program.

Violation of Probation

Probation is a possible sentence for many crimes.  It may be given instead of a jail sentence or with a jail sentence.  At the time a person is sentenced to probation, certain conditions and terms are enumerated by the judge.  Common conditions of probation include, jail time, community service, drug testing, fines, restitution payments, counseling, classes and mandatory meetings with a probation officer.  If a person on probation fails to comply with any of the conditions of probation or is arrested for a new law violation, a violation of probation warrant is signed.  A person accused of violation their probation is facing serious consequences including a more stringent probation, revocation of probation and jail time.

Sealing and Expunging

If you have a past arrest on your record or withhold of conviction, you may be eligible to have your criminal record sealed or expunged. Criminal records can be accessed during background checks by law enforcement, employers, schools, banks, landlords and in many other situations.  Even an arrest with no charges being filed can result in an application being denied.  If you qualify to seal or expunge your record, Winston Law, P.A. can help you through the process to make sure you meet all the requirements.

If you or a loved one need a knowledgeable and experienced attorney please contact Winston Law, P.A. by calling (561)670-9375 or by emailing [email protected]

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