Handling Misdemeanor Cases

Orlando Misdemeanor Lawyer — Keeping Your Record Clean

Florida Misdemeanor Penalties

• Florida divides misdemeanors into two degrees, both handled in Orange County Court:
• First-degree misdemeanor—Up to 1 year in the county jail, up to 1 year of probation, and a fine of up to $1,000. Examples include petit theft (second degree), simple battery, and a first-offense DUI.
• Second-degree misdemeanor—Up to 60 days in jail, up to 6 months of probation, and a fine of up to $500. Examples include disorderly conduct, disorderly intoxication, and simple trespass.
• A conviction—even without any jail — becomes part of your permanent Florida record unless it is later sealed or expunged.

Diversion, Withheld Adjudication, and a Clean Record

• The best outcome in many Orange County misdemeanor cases is avoiding a conviction altogether—and there are several paths to get there:
• General misdemeanor diversion—The Ninth Circuit's State Attorney offers a general diversion program (roughly a 6-month track, with a modest program cost) for qualifying non-drug, non-DUI charges like simple battery, criminal mischief, disorderly conduct, disorderly intoxication, resisting without violence, and trespass. Completion ends in the charge being dismissed.
• Withhold of adjudication—Where diversion is not available, the court can withhold a formal conviction, often with probation, which can let you avoid the label of "convicted."
• Sealing or expungement—Later, an eligible dismissed or withheld charge can often be sealed or expunged so it no longer appears on most background checks.
• These options can preserve your ability to honestly say you were not convicted on many job and housing applications. We evaluate which path fits your case and pursue it aggressively.

Common Orlando Misdemeanor Charges We Defend

• Petit theft—Shoplifting and low-value theft, often from stores along International Drive, the Millenia and Florida Mall areas, and downtown. A theft conviction is especially damaging because it is a "crime of dishonesty."
• Disorderly conduct & disorderly intoxication—Frequently charged after incidents in the downtown Orlando bar districts.
• Trespass—After-hours or post-warning trespass at businesses, apartment complexes, and attractions.
• Resisting an officer without violence—A common add-on charge that is often very defensible on its own.
• Criminal mischief—Property damage allegations, graded by the dollar amount claimed.
• First-offense marijuana or paraphernalia possession — Frequently eligible for drug diversion. See our Orlando drug possession lawyer page.

Why Misdemeanors Still Deserve a Real Defense

• Background checks—Orlando employers and landlords routinely see misdemeanor convictions, and a "minor" charge can cost you a job or an apartment.
• Professional licensing—Nursing, teaching, real estate, healthcare, and other Florida licenses can be jeopardized by even a misdemeanor conviction.
• Immigration—Even minor offenses can carry serious immigration consequences for non-citizens, so the resolution has to be chosen carefully.
• Escalation—A conviction now can enhance the penalties if you are ever charged again, and some misdemeanors (like a second petit theft) can be elevated. Defending it properly protects your future.

Our Downtown Orlando Office