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Frequently Asked Questions


How can a criminal defense attorney help me with my charge?

At Fletcher & Fletcher, our criminal defense attorneys go to bat for each and every one of our clients because everyone deserves a defense.

  • We will thoroughly investigate your case and look for any evidence that may be used in your favor.
  • We will negotiate with prosecutors on your behalf in an effort to get your charges reduced or dismissed (if that’s what you choose).
  • We will represent you in court and fight for the best possible outcome in your case (if your case goes to court).
  • We will provide you with peace of mind during this stressful time by staying by your side through each step of this process.

How long is my criminal defense case going to take?

The amount of time it will take for your case to be resolved will vary depending on the specific facts and circumstances of your case. Generally speaking, more serious charges will take longer to resolve than charges with milder penalties. The amount of time it takes to investigate and prepare a case for trial can also play a role in how long it takes for a case to be resolved.

What types of cases do you take?

Our Florida criminal defense attorneys can help you with any of the following types of cases:

We also take personal injury cases, including car accidents and slip and fall accident cases.

Where do you practice?

Fletcher & Fletcher takes cases throughout Florida, including but not limited to:

  • St. Petersburg
  • Clearwater
  • Hillsborough County / Tampa
  • Manatee County / Bradenton
  • Pasco County / New Port Richey
  • Largo
  • Seminole
  • Pinellas Park

What is considered domestic violence in Florida?

Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member, which can include Spouses or former spouses; People related by blood or marriage; Anyone presently residing together as a family/have resided together in the past as if a family; or Parents of a child in common

What are some of the most common types of sex crime charges in Florida?

  • Rape or sexual battery
  • Child molestation
  • Internet sex crimes
  • Child pornography
  • Prostitution

These charges can lead to serious penalties, as well as stigma both inside and outside of the courtroom.

How does Florida law differentiate between different types of drugs?

Florida divides controlled substances into “schedules.” Schedule I drugs are considered the most dangerous and addictive drugs with no medical use, while Schedule V have the lowest potential for abuse and dependency. The schedules include:

  • Schedule I: Heroin, cannabis, cocaine, LSD
  • Schedule II: Codeine, morphine, opium
  • Schedule III: Testosterone, anabolic steroids
  • Schedule IV: Diazepam or tramadol
  • Schedule V: Cough suppressants

What happens if I get convicted for a DUI?

Florida law takes DUI cases very seriously – even for a first offense. First offense penalties include a fine between $500–$1,000, 50 hrs of community service, up to 6 months in jail, a revoked driver’s license. However, if your blood alcohol level was .15% or higher or you had a minor in the vehicle, the penalties could be even higher.

What are the different types of murder charges in Florida?

  • First-degree murder is when someone plans and commits murder or kills someone while in the process of committing another felony.
  • Second-degree murder is when someone commits murder in the heat of passion or through a dangerous act that reveals their reckless disregard for human life.
  • Third-degree murder occurs when someone unintentionally causes someone else’s death while committing another felony.
  • Manslaughter is when someone commits murder without malicious intent.

What is the difference between simple battery and aggravated battery?

In Florida, battery can be considered either as a misdemeanor or a felony. Simple battery is a first-degree misdemeanor, while aggravated battery is a felony. For the offense to be considered “aggravated,” the offender could have used a deadly weapon, or intends to and causes serious bodily harm, or would have demonstrated an intent to commit a felony.

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

Misdemeanors are less serious crimes with reduced penalties, including lesser fines and jail time, compared to felonies. Both misdemeanors and felonies have classifications, such as first-degree and second-degree.

What are first-degree misdemeanors in Florida, and what are the associated penalties?

First-degree misdemeanors in Florida are punishable by up to one year in jail, up to 12 months of probation, and a fine up to $1,000. Examples of first-degree misdemeanors include DUI, driving with a suspended license, battery, possession of drug paraphernalia, vandalism, and shoplifting.

What are second-degree misdemeanors, and what penalties are associated with them in Florida?

Second-degree misdemeanors in Florida are punishable by up to 60 days in jail, up to six months of probation, and up to a $500 fine. Examples of second-degree misdemeanors include certain DUI offenses.

What additional penalties can come with misdemeanor offenses in Florida, such as DUI?

Misdemeanors like DUI in Florida can also lead to vehicle impoundment, DUI school attendance, ignition interlock device installation, and driver’s license suspension.

What additional penalties can come with misdemeanor offenses in Florida, such as DUI?

Misdemeanors like DUI in Florida can also lead to vehicle impoundment, DUI school attendance, ignition interlock device installation, and driver’s license suspension.

What constitutes a Capital Felony in Florida, and can you provide an example?

A Capital Felony in Florida is the most serious offense, and can be punishable by jail time up to life in prison or even the death penalty. An example is first-degree murder. These crimes carry severe penalties, and legal representation is crucial.

What constitutes a Life Felony in Florida, and what types of crimes fall under this category?

Life Felonies in Florida involve serious crimes like lewd and lascivious molestation, which has a 25 year minimum mandatory up to life.

What constitutes a First-degree Felony in Florida, and can you provide an example?

First-degree Felonies, such as trafficking in controlled substance, which trigger minimum mandatory sentences depending on weight.

What constitutes a Second-degree Felony in Florida, and can you give an example?

Second-degree Felonies in Florida involve offenses like burglary to a dwelling. Understanding the specific charges and potential consequences is vital for those accused of second-degree felonies.

What constitutes a Third-degree Felony in Florida, and can you provide examples of offenses falling under this category?

Third-degree Felonies in Florida are the least serious offenses, and include offenses like grand theft, felony battery, and a third-time DUI within ten years of a prior DUI conviction. Familiarizing yourself with the nature of these charges and seeking legal advice is important for individuals facing third-degree felony charges.

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“I highly recommend Fletcher + Fletcher. Rick Fletcher diligently defended me in my felony court case and got me the best outcome possible. He treated me with dignity and the utmost respect.”

~ Carleigh P.

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