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What is the difference between state and federal drug charges?

The battle has been longstanding when it comes to the federal government and each state combating drug abuse and distribution. A key difference between the state level and federal level is the states typically are dealing with the possession and sale of illegal drugs. Whereas the federal level has more drug trafficking. 

With Florida being a coast state, it has all the above in its battle against drugs. Possession is a minor issue compared to the sale of drugs and then drug trafficking too. One example is bail bonds for drug charges are available in Florida for possession of marijuana for less than 20 grams, which the state will charge as a misdemeanor. When it is over 20 grams, bail bonds for drug charges are available for federal charges. 

After a conviction is ruled, another difference between the drug charges for federal and state levels is the severity of the consequences and punishments. In Florida, an arrest for possession but no intention for distributing is typically filed as a felony or misdemeanor. 

What are misdemeanor drug charges?

The law in Florida for drug possession charges will vary based on where in the schedule of controlled substances it is listed. The amount for bail bonds for drug charges will be determined by the arraigning judge when arrested.  The misdemeanor drug charges are as follows: 

• First-degree misdemeanor: A person that is facing charges of this level when found in possession of 20 grams of marijuana or less, or a Schedule V drug. If convicted, they could face penalties of maximum of 12 months in prison and/or a maximum fine of $1,000.

What drug charges are felonies?

The following are the possible drug possession charges in Florida:

• First-degree felony: Possessing over 10 grams of specific Schedule I drug with a possible penalty maximum of 30 years incarceration and/or a maximum fine of $10,000.
• Second-degree felony: In this degree the person charged was found in possession of certain controlled substances listed in Schedule I and II. Possible punishment is a maximum of 15 years incarceration and/or a maximum fine of up to $10,000.
• Third-degree felony: A person found in possession of a specific controlled substance under Schedule I or Schedule II or any under Schedule III or Schedule IV drugs can be sentenced to up to 5 years prison time and/or a maximum fine of $5,000. 

What happens when you get a felony drug charge?

In Florida bail bonds for drug charges are available for both felonies and misdemeanors. Once the defendant has appeared before the courts, if they are convicted, the possible penalty is a maximum of 30 years’ incarceration and/or a maximum fine of $10,000. 

Possession of over 10 grams of any controlled dangerous substance will be charged as a 3rd-degree felony. Punishment is up to 5 years in prison and/or a maximum fine of $5,000.

Can felons with drug charges get a passport?

No. Even if you do not have any prior criminal convictions, are currently charged with a felony, or if you have an outstanding felony arrest warrant, your passport application will be denied. 

Can drug charges be dropped?

You will need to hire a defense attorney that is experienced in how to defend drug charges to get the best outcome possible.  Things that will factor into a judge’s decision are any previous drug charges and employment status currently as well as your standing in the community. 

Bringing the Gavel Down – Bail Bonds for Drug Charges

If you’re arrested on drug charges of any level or type, it is important to obtain a defense attorney, whether you are guilty or not. In some cases, the attorney can sign for your release until the court date, other times, they will have to obtain bail bonds for drug charges if a family member or friend isn’t able to. Bail bonds for drug charges are typically higher than other charges, but not as high as for murder charges. 

For help with bail for drug charges in Cocoa, FL call (321) 631-2663 today. The team at Ammediate Bail Bonds is here for you.

The public will question how setting higher domestic violence bail amounts can help minimize domestic violence acts, and like any other type of crime, there is a purpose for higher bail amounts. When a person is arrested, they are presented to the court and the presiding judge will set their bail.  

This bail must be posted before the person can be released with the promise and understanding of appearing for their court date. The purpose of allowing a person bail, including domestic violence bail, is to allow them the opportunity to hire a lawyer and establish their defense. While it may appear from the outside looking in, they’re guilty. But all stories have two sides, sometimes more than two. 

How much is bail for domestic violence in Florida?

An arrest for domestic violence is regarded as a more serious crime than others in Florida, and there is not any preset schedule for domestic violence bail like other crimes. According to the state statute, any of the following actions are considered domestic violence including any criminal offense that results in physical injury or death of another person that is a family or a household member: 

• Assault
• Aggravated assault
• Battery
• Aggravated battery
• Sexual assault
• Sexual battery
• Stalking
• Aggravated stalking 
• Kidnapping
• False imprisonment

Bail conditions for domestic violence will start with a stated no-contact order between the accused and the alleged victim.  Other domestic violence bail conditions include: 

• No criminal activity participation 
• No possession or use of a weapon
• No possession or use of alcohol or drugs 
• Mandatory GPS monitoring
• Separate living quarters from the alleged victim
• House arrest

Can domestic violence be verbal?

Yes, and it occurs in many different types of relationships, not just romantic relationships. Verbal abuse is considered domestic violence when it is between a parent and child, or at any level of a family relationship. Verbal abuse can occur in work relationships too. 

Verbal abuse will typically occur before physical abuse begins, but it can exist without any physical abuse too.  Verbal abuse is as damaging as physical abuse and, in most states, an arrest for verbal abuse within a family will be treated as domestic violence, bail depending on the judge’s decision at arraignment. 

Verbal abuse is considered when words are used to emotionally assault, degrade, dominate, manipulate, or ridicule another person. While the person that is guilty of verbal abuse is using their words, it leaves behind a negative impact on the victim emotionally and psychologically. 

Are domestic violence records public?

Yes, in the state of Florida, the arrest for domestic violence, the posting of domestic violence bail, and all things related will become public records under state statute Chapter 119. Anything that occurs in a domestic violence case can be accessed by anyone, including employers. 

What are domestic violence warning signs?

Domestic violence can go in both directions, male to female, female to male, male to male, and female to female. Domestic violence for male victims is as serious and more common than we realize, as domestic violence for females. 

The warning signs are not always immediately noticed, nor are they the same in every relationship. They often will emerge, becoming more intense as the relationship develops. Typically, the intention of the accused of their domestic abuse actions is to maintain control and power over the other person. 

Before an arrest for domestic violence, bail setting, and bond paid, there are some indicators that can tell an outsider of possible domestic violence including: 

• Telling a person they can’t do anything right.
• Displaying extreme jealousy of family and friends. 
• Discouraging and preventing a person from being with family, friends, or peers.
• Verbally demeaning, insulting, or shaming the other person, especially in the presence of others. 
• Preventing a person from making their own decisions about anything, including employment or school. 
• Control of all finances in the household, including taking the other person’s money, or refusing to give them money for any necessary expenses.
• Pressuring one to have sex or perform sexual acts. 
• Pressuring the other person to use alcohol or drugs.
• Using actions or looks to intimidate the other person. 
• Insulting the other person’s parenting methods. 
• Threatening to harm or keep the other person’s children or pets.
• Intimidating the other with a weapon, like bats, guns, knives, or mace.
• Destroying the other person’s personal belongings or their home.

What are the effects of domestic violence on the victim?

While the person arrested on domestic charges may be allowed to post domestic violence bail, and go to court for sentencing, they are able to move forward with their life. The survivor however will have long-lasting effects, often for the remainder of their life. The immediate physical effects can include: 

• Bruises over the body, on or around the eyes
• Red or purple marks around their neck
• Broken or sprained wrists
• Chronic fatigue, shortness of breath
• Muscle tension and/or an involuntary shaking
• Changes in their eating and sleeping habits
• Sexual dysfunction
• Menstrual cycle or infertility issues in women

Emotional and mental results of domestic violence can include: 

• PTSD (post-traumatic stress disorder), including flashbacks and nightmares, severe anxiety, uncontrollable thoughts
• Depression, prolonged sadness
• Low self-esteem and self-worth
• Suicidal thoughts and/or attempts
• Alcohol and drug abuse
• Hopelessness, unmotivated
• Discouraged about the future
• Lack of trust of others
• Question and doubt spiritual faith

Depending on the reason for the arrest, some governments will have a standard bail schedule. These are common non-violent crimes and allows a defendant to obtain bail bonds in Florida without an arraignment hearing before a judge. 

Okay, but what is bail? 

Bail is what a person that has been arrested has to give the court as a guarantee they will show up in court as ordered. If they defendant doesn’t make the required court appearance, the bail that was given to the court is not returned and a warrant for their arrest is issued. 

Bail bonds in Florida can be obtained in the following ways:

• Pay the full amount of the bail to the court by cash or check 
• Sign over property that worth the full amount of bail, like a car, jewelry, real estate
• Obtaining bail bonds in Florida through a bail bond agent who guarantees the court the defendant will appear before the court as ordered 
• Sign a waiver of payment on the defendant’s own recognizance that they will make their required court appearance 

When bail bonds in Florida are obtained through a bail bond agent, is generally 10% of the bail must be paid. This doesn’t mean the defendant is being released for less money though. The defendant or a co-signer are responsible to pay the full bail amount to the bail bond agent. In addition to the10% paid to the bail bond agent, there is an additional fee charged by the bail bond agent. That is how they make their money! 

If the defendant or a co-signer can pay the court the full bail amount, minus an administrative fee and court costs, the full amount is returned if all the conditions of the bail are met. If the defendant or a co-signer obtain help with an agent for bail bonds in Florida, that 10% paid to the agent is nonrefundable. 

Depending on a few factors, the agents that provide bail bonds in Florida may require collateral in addition to the 10% payment. This collateral is additional financial interest, typically this is valuable property. Agents that provide bail bonds in Florida will sell this collateral if the defendant doesn’t meet court requirements of bail release or doesn’t appear as ordered in court. 

The four main factors that bail bond agents use to determine if additional collateral is requires are: 

• The reason for the arrest
• The criminal background of the defendant
• The credit history of the defendant and/or co-signer
• The social standing of the defendant, aka employment, public standing, etc.

Are there bail bonds with no cosigner? 

A co-signer is usually the person that the arrested person contacted to “bail them out” of jail, they are that one phone call the defendant is allowed after their arrest. Bail bonds in Florida typically require a co-signer for bail bond guarantee. This is the person that the bail bond will contact first if the defendant doesn’t appear before the court as ordered.

When you pay a bail bond do you get it back?

If cash is paid to the courts for bail bonds in Florida and all the conditions of the bail release are complied with, the bail is refunded less administrative fees and court costs, once the case has been completed.  This means after the case has gone to court and a ruling has been issued by the judge or jury. Bail bonds in Florida that are obtained through a bail bond agent, the 10% down and any premium paid will not be refunded. 

How long do you have to pay off a bond?

The statues for bail bonds in Florida state the bond is good for 36 months after being posted and the defendant is released from custody. After 36 months, if the case has not gone before the courts and a ruling handed down, new bail bonds in Florida are required. 

What are the ways how to pay off bail bonds?

The most common way is to pay the 10% required fee to the bail bond agent. However, if a defendant or a co-signer do not have the full bail amount or can’t pay the usual 10% required with an agent that provide bail bonds in Florida, some agencies offer bail bonds with payment plans. This will require a credit check along with other factors before that is offered, and if t by the bail bond agency. They will a bail bond with a down payment and a signed agreement for the installment payments.        

What happens to bond money when someone jumps bail?

With bail bonds in Florida, if the defendant doesn’t show up in court, and the bail amount was paid to the court, they will keep the full amount paid when the defendant was released. Then an arrest warrant is issued for a misdemeanor. This is a First-Degree Misdemeanor with possible sentencing of 12 months in jail plus a fine of $1,000 maximum.

At what age can a juvenile be charged with a crime?

Currently, Florida State attorneys can choose to circumvent juvenile courts and “direct file” on 14-year-olds and 15-year-olds in the criminal court for any of the following charges: 

• Murder
• Manslaughter
• Carjacking
• Carrying or displaying a gun while committing  a crime
• Kidnapping
• Aggravated assault
• Aggravated child abuse
• Armed burglary
• Other crimes similar in nature

Those arrested for juvenile crimes at 16 years old or 17 years old can be directly filed with a felony charge or a misdemeanor if the individual has a criminal history of two or more prior criminal offenses in which one is a felony. With these types of arrests, they will not be released with juvenile crimes bail but will await arraignment for adult crimes bail instead. 

What are juvenile crimes called?

When a person under the age of 16 commits a crime, the offense is referred to as a “delinquent act” versus a “crime,”  as with those 16 and older being tried as adults. Once arraigned by a judge, the juvenile is eligible for juvenile crimes bail through a lawyer or a bail bond agency. 

When the minor appears in court for what is traditionally a “trial”, it is referred to as an “adjudication,” where their case is handled as a “disposition” at which point a judge sets the sentencing. The proceedings are different in juvenile court than those held in normal court for adult crimes. 

Juvenile crimes bail can be handed down by a judge in these disposition proceedings in two categories of delinquent acts. 

The first type of delinquent act would be deemed a crime had an adult committed the act. For especially serious crimes committed by a juvenile, some jurisdictions in Florida will try a child as an adult. If the child is tried as a juvenile, the parents are usually required to pay any court costs.

The second type of delinquent act wouldn’t normally be deemed a crime if an adult were facing the charges, and are characteristically known as a “status” offense because of the arrested person’s age. Common Juvenile crime examples that are referred to as a “status” offense would be: 

• Out past curfew
• Possession or consumption of alcohol
• Truancy

Are juvenile crime rates increasing? 

Is juvenile crime on the rise? Actually, it’s dropping. According to records released by the Florida Department of Juvenile Justice the fiscal year 2019 to 2020 saw a 17% decline with just over 45,000 juveniles compared to over 54,000 during the fiscal year of 2018 to 2019. The fiscal year of 2018 to 2019 had a 35% drop from the previous fiscal year.

What are the punishments for juvenile crime?

Juvenile courts are handled differently than adult courts in the state of Florida. All cases are handled as a disposition without a jury. The presiding judge will make all decisions on penalties and sentencing. 

A juvenile crime case can be sentenced any of the following dependent on the crime after posting juvenile crimes bail: 

• Community service for several hours
• 14 days in a non-secure juvenile detention facility
• Years in a secure juvenile detention facility
• Years in federal or state prison after time served in juvenile detention

A juvenile can sometimes be sentenced to twenty or more years in prison without the possibility of early release as ruled by the Florida Supreme Court. Notably, in 2011 the court has banned the death penalty for juveniles under the age of 18 years of age. 

Can juveniles be charged as adults?

Florida’s state law allows prosecutors to charge 14-year-old and 15-year old juveniles in adult court for 21 specific felonies where they will have a bond set requiring adult crimes bail instead of juvenile crimes bail. The same law allows any felony charges to be filed on 16-year-old and 17-year-old juveniles. This decision by any state prosecutor is a direct file and not subject to judicial review. This decision cannot be appealed.

How serious is a probation violation?

In the State of Florida, willfully violating your probation is serious and can result in severe penalties. The penalties will be  based on the original crime of your arrest and any additional crime committed at the time of the probation violation. 

The judge will have the authority to take several different actions with a probation violation case. One option they have will be revoking the probation, meaning you are returned to jail immediately. The judge can also impose other types of penalties in addition to the jail sentencing for probation violation. 

What is considered a probation violation?

The list of probation violations is short but severe. Within each violation listed here, there can be different scenarios considered: 

• New offenses or violations of the law
• Failed alcohol or drug testing
• Failure to attend or complete a substance abuse treatment program or meetings
• Failure to meet financial obligation to the court and/or victim
• Acts resulting from mental illness
• Acts resulting from ineptitude or negligence
• Missed court dates, probation appointments, failure to file reports 

Is bail the same as probation?

No, they are totally different but similar in many ways. Bail is paid once you’ve been arrested and will release you from jail until your court date. The act of paying bail is known as “bonding out” of jail. 

A bond requires less money out of pocket at the time a defendant is released.  Typically, a bond costs 10% of the bail amount declared by the judge during arraignment. It allows the defendant to leave the jail and return home, hopefully still employed, until their court date. 

There are restrictions to be met by the defendant until their court date. When their court date arrives, they could be found guilty and returned to jail or given probation. Those restrictions usually include not leaving town, following the law in all cases, and not returning to the scene of the crime or associating with known criminals or associates involved in the original arrest.

Probation is what the judge grants once a defendant has been found guilty of charges. They are allowed to leave jail and resume their normal life with some restrictions to their life that may include one of any combination of the following: 

• Report to the probation officer as assigned by the courts
• Accept visits from a probation officer in home, work, or other locations
• Obtain and remain employed in an acceptable job
• Stay within city, county, or state limits as stated by the court
• No new legal offenses 
• Pay restitution to any parties or victims harmed by the committed crime
• Maintain financial support for dependents
• No associating with any person(s) that engage in criminal activities
• Submit to random alcohol and/or drug testing
• No possession of or ownership of any firearms
• No possession or use of  controlled substances not prescribed by a physician

A defendant on probation should take the matter seriously and avoid any possible probation violation. Absolute compliance to the various terms and conditions is required with zero violation. Any probation violation is subjected to further legal action, including possible jail time. 

Do you always go to jail for violation of probation?

No, any probation violation will be reviewed by the judge.  The original crime that resulted in probation and the type of probation violation will factor in the judge’s decision to revoke the probation. A revoked probation can be punished by a minimum of one year and up to a maximum penalty of the original offense with a minimum of one year jail time. 

How can I avoid jail time for probation violation?

The first recommendation would be not to have any probation violation, but it happens.  For any probation violation, you’ll find immediate jail time until you are scheduled to appear before the judge. When you are presented before the courts for your probation violation, having an experienced defense attorney is the best way to avoid any extensive jail time. 

Do you get bail if you violate probation?

Not without a court hearing. You will be held in jail until you are presented before the courts, with or without an attorney. At that time, the judge will review the facts of the probation violation and the original arrest that resulted in probation.  You, or your defense attorney, will have an opportunity to present your case to the judge. 

How do you beat a probation violation?

It is recommended to have a criminal defense attorney present when you see the judge for a probation violation. They will have the expertise and knowledge to navigate the system.  Some ways they will suggest beating the charges of probation violation may include: 

1. Prove you didn’t violate probation.
2. Make any amends and repairs possible to the violation.
3. Work to repair the probation violation and other failings.
4. Be a positive contributing member to society.
5. Seek and follow quality mentors.

Is disorderly conduct serious?

In the State of Florida, a disorderly conduct bond typically costs $100.00 per offense and the courts treats charges of disorderly conduct as a misdemeanor in the 2^nd degree. Also referred to as “breach of peace”, the punishment for this second-degree misdemeanor can be a jail sentence of up 60 days or probation for 6 months as well as a fine of $500.00. 

A first-time offense will typically see less than the 60 days maximum, depending on other factors. The factors that can lead to the maximum 60 days jail time are: 

• Disrespectful actions towards law enforcement
• Concerns of legitimate endangerment to the public 
• The involvement of alcohol or drugs

The biggest risk for a first-time offender with a disorderly conduct charge is the creation of a permanent criminal record. For a repeat offender or a person who already has an extensive criminal history, jail time is far more likely.

What are examples of disorderly conduct?

Specific actions can be deemed disorderly conduct. The most common actions include:

• Disturbance of the peace. 
• Fighting and other physical altercations
• Inciting a riot
• Loitering in restricted or certain areas
• Loud or unreasonable noise
• Obstructing traffic
• Use of abusive language or obscenities

If a disorderly conduct charge is classified as a first-degree misdemeanor, the subject could face a year of imprisonment. Additionally, disorderly conduct for inciting a riot can be categorized as a 3rd-degree felony in Florida and, if convicted, can lead to a possible one-year prison term. 

Does disorderly conduct stay on your record?

Absolutely.  A misdemeanor or felony conviction will never drop off your record. Once you’ve been charged and convicted, you have created a criminal record for life. In the State of Florida, you will not qualify to have your case sealed or expunged either. 

Does disorderly conduct affect background checks?

Federal and state laws allow arrests not convicted within the last seven years to appear in a criminal background check. This is true whether or not it affects a prospective employer’s decision to hire a subject, as long as they are conforming to the guidelines set in place by the EEOC (Equal Employment Opportunity Commission).

A misdemeanor criminal conviction can be included in a criminal background check, including any pending case. A misdemeanor is subjected to a jail time of a possible 15 days up to one year in a local jail. Fines and probation are also possible, including community service.

Examples of misdemeanor charges that may show on background checks in Florida include: 

• Disorderly Conduct
• Public Intoxication
• Trespassing 
• Vandalism

Can you be charged with disorderly conduct in your own home?

Most likely not, but disorderly conduct laws in Florida are somewhat vague. With that being stated, it’s recommended that any individual facing charges obtain the services of a criminal defense attorney with experience in disorderly conduct charges. 

The State of Florida refers to disorderly conduct as a “breach of the peace,” and because of this uses the law to regulate individuals’ conduct in public, but not in homes. However, if the disorderly conduct was outside of the home, this could be considered a breach of peace. A misdemeanor charge can stem from a public argument or public intoxication if the conduct took place outside of the home. 

What is the difference between disorderly conduct vs disturbing the peace?

Under Florida state laws, the two are one and the same. Both are categorized as a “breach of peace”. Both are also considered sufficient to “corrupt the public morals”, “outrage the sense of public decency”, and potentially “affect the peace and quiet of persons”. This could include a brawl or fight. 

Again, because disorderly conduct or breach of peace laws are so vague and can go from a 2nd-degree to a 1st-degree misdemeanor charge so easily, the experience of a defense attorney is recommended. 

• The circumstances of the offense at time of arrest. 
• The evidence.
• The defendant’s family ties, length of residence, community reputation, employment, financial resources, and mental stability among other things.

How much time can you get for a drug charge?

It can depend on the drug in possession when arrested. The sentence can be a three year minimum prison time with a possible fine of $50,000 or you could be sentenced to life in prison and no parole. If the defendant was selling any drugs, simply possessing a controlled dangerous substances (CDS) can be charged with drug trafficking.

With an aggressive stance, the State of Florida has 5 schedules for classifying controlled dangerous substances and illegal drugs, basing these classifications  on the medical value and possibility of abuse. The prosecution team typically seek the maximum in  fines and/or jail sentencing. Th schedule of classifications are as follows: 

• Schedule I: High potential for abuse that have no medical use.
• Schedule II: High potential for abuse with some accepted medical use, holds severe restrictions.
• Schedule III: Potential for abuse at a lesser extent than above mentioned with an accepted medical use.
• Schedule IV: Drugs with a lower possibility of abuse and have accepted medical use.
• Schedule V: Drugs with the lowest possibility of abuse and have an accepted medical use.

The amount of any drug on a person at the time of arrest will be a considered factor in determining the penalty. The list of drug charges and penalties are: 

• 1^st degree felony for over 10 grams of a Schedule I drug faces 30 years jail sentence with possible fine of $10,000 minimum. 
• 3^rd degree felony for over 10 grams of other CDS is a 3^rd degree felony faces 5 years prison time with possible fine of $5,000 minimum.
• 1^st degree misdemeanor for over 20 grams of marijuana faces 1 year prison time with possible fine of $1,000 minimum. 
• 3rd degree felony for more than 20 grams faces 5 years prison time with possible fine of $5,000 minimum.

Can a possession charge be dropped?

Individuals that are faced with drug charge bail will attempt to have their drug charges dropped. Florida courts and judges are no easy to convince dropping drug possession charges. The assistance of a criminal attorney with experience in drug charges is advised. They will have the experience and knowledge in working with one of the following excuses: 

INSUFFICIENT EVIDENCE

In sufficient evidence is a common defense in Florida. This leaves the state with burden of proof beyond a reasonable doubt. Of elements of a drug charge can be proved by the state, the charges could be dismissed. 

CONSTRUCTIVE POSSESSION

The defense of constructive possession is when cocaine is found in a place where multiple person has had access. This defense is helpful for an attorney post drug charge bail for a defendant because  the state has to prove the accused had knowledge of the drugs and the ability to maintain control.

ILLEGAL SEARCH AND SEIZURE

Another strong defense that criminal attorney and their clients favor that can lead to the drug charges being dropped. The Constitution of the United States requires that law enforcement act with reasonable search or seize. With this constitutional right has been violated, there chance of having the drug charges dropped. 

Other possible ways to have drug charges dropped include Lack of Knowledge, Overdose Defense, Prescription Defense, Temporary Possession, Alibi, and Entrapment.  

Can you get bail on a felony charge?

A defendant that been pre-trial released or on a felony probation when arrested again on a drug charge, denied bail will be ruled by the judge. Or if the defendant has previous arrest for any of the following, drug charge bail will be denied: 

• Capital felony
• Life felony
• Carjacking
• Sexual battery
• DUI manslaughter
• Domestic violence
• Arson

• Possession of specific weapons. A person can be arrested with weapon charges and convicted if they are in possession of a weapon considered to be illegal regardless of whether another person was injured, threatened, or didn’t see the  weapon.
• Use during another crime. If a person used a weapon, or the weapon was visible,  while committing another crime, such as sexual assault would be upgraded to aggravated sexual assault. 

In the state of Florida illegal weapon charge applies if a person is in possession of a dangerous weapon, discharges a weapon at any school-sponsored activity or event; a felon that is in possession of a weapon; or giving a person of 16 years of age a weapon. 

What is an illegal weapon?

An illegal weapon in U.S., making it a federal law, and is outlined in the Gun Control Act who can own, manufacture, sell, or import firearms to be licensed dealers, importers, and manufacturers. The illegal weapons that can have a person arrested for weapon charges on a federal level are: 

• Explosives and bombs
• Machine guns
• Illegal knives
• Sawed-off shot guns
• Stilettos
• Switchblades

In the state of Florida, weapon charges can result from any person owning or to have in their possession, care, control of, or  custody of the following illegal weapon list with the exception of antique firearms: 

• Short-barreled rifle
• Short-barreled shotgun
• Machine gun  

What is the penalty for having an illegal gun?

The United States of America’s constitution states we the people, have the right to bear arms. The Second Amendment protects this, however, in recent years, may states, like Florida, have passed laws overruling the Second Amendment. The citizens of these states, including many Floridians, have strong feelings and opinions about the issue of firearms possession. 

If a person is confused or uninformed of the Florida state laws regarding firearms, they could find themselves facing weapon charges for any of the following infractions: 

• possession
• purchased
• use of a weapon

The immediate results of these types of weapon charges could be met with:

• A fine.
• Incarceration.
• Weapon(s) confiscated.
• Restriction of future weapon possessions.

Is possession of a deadly weapon a felony?

In Florida, there are two types of illegal weapon crimes: 1). Gun  2). Weapon Offenses/Enhancements. A weapon charges offense is based exclusively on the fact that accused improperly:

• Possessed a weapon;
• Purchased a weapon;
• Use of a weapon.

A weapon enhancement can increase the penalties of a weapon charges or could require a mandatory minimum prison time if the weapon were used during a violent crime such as aggravated assault, aggravated battery, or in a robbery.

Florida’s most common weapon charges are:

• unlicensed carry or concealed firearm;
• improper display of a dangerous weapon;
• dischargement or possession a weapon at a school-sponsored activity or event;
• a convicted felon with possession0; and
• allowing a person under the age of 16 access a loaded firearm.

Punishment for those weapon charges may be:

Possession of  a concealed firearm without a license is a third degree felony with punishments ranging: 

• up to five years prison time;
• up to five years of probation; 
• and/or fines up to $5,000.

Weapon charges for carrying a concealed weapon are similar to carrying a firearm with the exception that the defendant is accused of carrying other weapon than a firearm such as chemical weapon, metallic knuckles, knives, tear gas gun, etc.

This weapon charges crime is a first degree misdemeanor that may be punished by:

• One year jail time;
• One year probation; 
• and/or fines up to $1,000.

A person facing weapon charges for improper display of a dangerous weapon or firearm is for displaying in public a firearm or other dangerous weapon in an angry, careless, rude, or threatening manner with one or more people present. 

This weapon charges crime is a first  degree misdemeanor with punishments ranging as follows: 

• up to one year jail time;
• up to one year of probation; 
• and/or fines up to $1,000.

A person faced with weapon charges for discharging or possessing a weapon at a school for displaying in a dangerous weapon or firearm in an angry, careless, rude, or threatening manner with one or more people present at any school-sponsored activity or event, or on school grounds. 

This weapon charges crime is a third degree felony and is punished by any of the following:

• up to five years jail time;
• up to five years of probation; 
• and/or fines up to $5,000.

A convicted felon facing weapon charges for own, possession, or control of a firearm is an extremely serious offense with punishment ranging:

• up to fifteen years prison time;
• up to fifteen years of probation; 
• and/or fines up to $10,000.

Anyone that is facing weapon charges of any level should consult a defense attorney that specializes in weapon charges. These are serious charges and can affect your future employment and life. Call (321) 631-2663 today for your weapons charge bail in Cocoa, FL.

• Murder and non-negligent manslaughter
• Rape
• Robbery
• Aggravated assault
• Gang violence
• Property crime – included in property crime is:  Burglar, Larceny, Motor vehicle theft, Arson

What is the most common form of violent crime?      

The BJS(Bureau of Justice Statistics) and the FBI (Federal Bureau of Investigation) track offenses differently, but both find patterns to be the same overall. In 2019 property crime was reported more than violent crimes with larceny, burglary, and theft of motor vehicle being the most common in that category. 

In the category of violent crimes, the most common was aggravated assault. Robbery, rape, murder, and non-negligent manslaughter followed in that category. As of the data provided by both BJS and FBI, property crime was more common than violent crimes with over 2,000.0 property crimes per 100,000 people report compared just under 400.0 violent crimes per 100,000.  

Are all violent crimes felonies?

When we think about crime, the first that often comes to mind are violent crimes, the most serious of all offenses.  Violent crimes are those where one person is harming or threatening harm with action or weapon another person.  

Based on the severity of a crimes, they  are classified as a felony or a misdemeanor, with misdemeanor being the lesser of the two in terms of seriousness and a felony being the more significant crime with more serious penalty. 

It is the law’s classification that differentiates the two, putting violent crimes in the felony classification. However, depending on the details and factors, some violent crimes may be classified as a misdemeanor.

Violent crimes that involved physical harm to a person are referred to as  “offenses against the person”. One example of this would be when a person commits the battery, a violent crime of attacking another person with fists. Another example would be when a person threatens another person with violence while stealing, also referred to as a robbery. A violent crime doesn’t have to involve any engagement of actual violence, just the threat of it is sufficient to fall into the category of violent crimes. 

Is mugging a violent crime?

Mugging is defined in the Oxford Dictionary as:  “an act of attacking and robbing someone in a public place.”.  As we have discussed earlier in this article, violent crimes are those where one person acts or threatens acts of harm to another person while committing a robbery.  Therefore, yes, mugging is considered one of the many violent crimes we have reviewed. 

Which is not a violent crime offense?

In the State of Florida, the following crimes are not considered non-violent crimes, with circumstances varying that could change the charge from non-violent to violent….

• Assault.
• Burglary.
• Cybercrime.
• Harassment.
• Hazing.
• Robbery.
• Theft.

Circumstances and factors that can change these non-violent crimes to violent crimes would be a weapon is involved by the person committing the crime or the threat of harm by the person committing the crime to the victim while the crime is being committed. 

The victim applying for compensation cannot have been involved or made any contribution to the circumstances of the crime that lead to any death or the injury being reported.  The Florida Crime Information Center will run a criminal history of the person applying for compensation.

Crime of any type is scary for the victim, and violent crimes are especially scary. Depending on the victim, they may require extend time of help psychologically, even physically. These types of crimes are of great concern to this country and the public should take every precaution they can to not become a victim to crime, especially violent crimes. Call (321) 631-2663 today for your bail bonds needs in Cocoa, FL.

How identity theft happens

Identity theft occurs in a variety of ways. Someone could steal your wallet or purse, get access to debit and credit cards or driver’s licenses, Social Security cards, or other identity cards and use them to buy things, steal money or commit other fraudulent acts. Others might steal your identity by hacking into social media or other online accounts. Still, others might be desperate enough to hunt for personal information in your trash.

What are the four types of identity theft?

Anytime someone takes your personal data—account numbers, addresses, etc.—you’ve been a victim of identity theft. The types of identity theft include:

• Medical: This occurs when someone uses your identifying information such as insurance information to get medical care for free
• Criminal: This occurs when someone gives false information about who they are to law enforcement during an arrest or criminal investigation.
• Financial: This occurs when someone uses financial information like stolen credit cards or bank account numbers to buy stuff or services or to get other information.
• Child: This occurs when someone uses a child’s information—Social Security numbers, etc.—for personal gain, including falsifying information for jobs or housing applications.

Can identity theft happen to anyone?

Anyone can steal your identity and anyone can be an identity theft victim. As many as 9 million people in the U.S., according to the Federal Trade Commission, have been victimized by this crime in some form or another. While this crime could happen to anyone, it’s not as common as one might perceive, given it receives so much attention.

How can I find out if someone is using my identity?

Many times people remain unaware their identity has been stolen until serious damage has been done by the thief. Before serious damage occurs, some warning signs to look for include:

• Unexplained withdrawals appear on your bank account or unfamiliar charges appear on your credit reports.
• Checks are refused and cards are declined for insufficient funds.
• Calls come in from debt collectors on debts you don’t owe.
• Bills or other mail stops appearing in your mailbox.
• You receive medical bills or health plans reject claims for procedures you didn’t have.
• You receive notices from the IRS that you filed more than one tax return.
• Businesses notify you of data breaches at their companies.

What to do if someone steals your identity

If someone has stolen your identity, not only do you want to report the incident to the police but also you want to report it to the Federal Trade Commission, which handles identity theft reports. At the identitytheft.gov website, you can document the theft with a report that proves to businesses your identity was stolen.

You then want to follow up by placing both a one-year and seven-year fraud alert on your credit report through one of three national credit bureaus, Equifax, Experian, or TransUnion. You can also get the credit bureaus to remove any fraudulent information from your credit report. The credit bureaus also must investigate any dispute of information on your report if you send them a written notice of the dispute.

Creditors and debt collectors also have to stop reporting fraudulent accounts when you submit the FTC report to them. You can also request debt collectors stop contacting you.

Gather all the information you can about the fraudulent accounts or transactions. Add these to the FTC report, and also give them to law enforcement to aid in investigations.

The FTC site has a full list of available options to take when trying to recover from getting your identity stolen.

Do police investigate identity theft?

Unless your identity was stolen locally, it’s difficult for local police to investigate and prosecute these crimes. That’s because they often take place in multiple jurisdictions, out of state, or in other countries. Still, it’s good to file a report with the police, along with the FTC. Not only can this help you as you try to recover your identity, but the police can also pass the information along to other agencies when investigations occur.

Are identity theft protection services worth it?

Several companies offer services to protect you from identity theft. While these services claim to protect you from the crime, what most actually do is monitor your information and flag it to alert you if something fraudulent has occurred. They do not stop fraudulent practices from occurring. These services are generally only worthwhile if you have already been a victim of theft or are at high risk or if you don’t think you’ll actively monitor your information yourself.