Jax Felony & Misdemeanor Defense - Irvin Daphnis

1. What is the main difference between a felony and a misdemeanor?
The primary distinction lies in the severity of the potential punishment:

Misdemeanors: Less serious offenses punishable by up to one year in a local county jail.

Felonies: More serious crimes punishable by more than one year in a Florida state prison.

Beyond jail time, a felony conviction carries life-altering "collateral consequences," such as the loss of your right to vote and your right to possess a firearm.
2. How are Misdemeanors classified in Florida?
Misdemeanors are split into two degrees:

First-Degree Misdemeanor: The most serious misdemeanor. Punishable by up to 1 year in jail and a fine of up to $1,000 (e.g., Simple Battery, DUI, or Possession of Marijuana under 20g).

Second-Degree Misdemeanor: Punishable by up to 60 days in jail and a fine of up to $500 (e.g., Disorderly Conduct, Loitering, or Petit Theft).
3. What are the different degrees of Felonies?
Florida uses a tiered system for felonies based on the severity of the crime:

Third-Degree: Up to 5 years in prison (e.g., Possession of Cocaine, Grand Theft).

Second-Degree: Up to 15 years in prison (e.g., Aggravated Battery, Burglary of a Dwelling).

First-Degree: Up to 30 years or life in some cases (e.g., Drug Trafficking, Carjacking).

Life/Capital Felonies: Punishable by life in prison or, in capital cases, the death penalty.
4. Can a felony charge be reduced to a misdemeanor?
Yes. This is a primary goal of our defense strategy. Through a process called "plea bargaining" or by filing a "Motion to Dismiss/Suppress," we may be able to show that the evidence does not support a felony charge. For example, if the value of "stolen" property is shown to be lower than the felony threshold, a grand theft charge could be reduced to misdemeanor petit theft.
5. What is a "Withhold of Adjudication"?
In many Florida cases, an attorney can negotiate for a "Withhold of Adjudication." This means the judge stays the formal conviction. While you still serve probation or pay fines, you are not technically a "convicted felon," which can protect your civil rights and make it easier to seal your record later.
6. Will a misdemeanor show up on my background check?
Yes. Even a "minor" misdemeanor creates a criminal record that employers, landlords, and licensing boards can see. However, many first-time misdemeanor offenses in Duval County are eligible for Pre-Trial Diversion (PTD). If you complete the program, the charges are dismissed, and you may be eligible to have the record expunged.