Pensacola Criminal Defense Attorneys
People sometimes make regrettable choices, or they may unexpectedly find themselves in challenging situations. No matter the circumstances surrounding your arrest, it’s essential to remember that you have constitutional rights, including the right to remain silent and the right to legal counsel. The burden rests on the prosecutor to establish your guilt beyond a reasonable doubt; if they fail to do so, you should be released.
When individuals are unaware of their rights or hesitate to assert them, they often face worse outcomes than if they sought the assistance of experienced criminal defense attorneys. At Whibbs Stone Barnett Turner, PA, we are dedicated to defending clients in Pensacola, Panama City, Fort Walton Beach, Destin, Crestview, Niceville, Milton and Gulf Breeze and nearby regions who are facing criminal charges. Our legal team has a wealth of experience in protecting the rights of those accused of crimes.
Our lead criminal defense attorney Gregory Whibbs has over 15 years of trial experience and has a reputation of successes representing those accused of committing a crime. He will thoroughly examine every element of your arrest to uncover any possible grounds for dismissing charges or suppressing evidence and to articulate all potential defenses for your case. If it’s beneficial for you to consider a plea agreement instead of proceeding to trial, we will guide you through your options and ensure you receive the best representation, no matter what choice you ultimately make.
We provide legal representation to individuals across the greater Pensacola region, extending from Panama City, Fort Walton/Destin to Mobile, Alabama, who face a variety of misdemeanor and felony charges, including:
- Third Degree Felony: This is the least serious of all felony charges, punishable with fines of up to $5,000 and up to five years in state prison.
- Second Degree Felony: A conviction for felony in the second degree is punishable with fines of up to $10,000 and up to 15 years in state prison.
- First Degree Felony: A first-degree felony conviction carries fines of up to $10,000 and up to 30 years in state prison.
- Life Felony: A life felony is a crime that is serious enough to be punishable with a life imprisonment sentence along with fines of up to $15,000.
- Capital Felony: This is the most serious type of felony, reserved for the most heinous crimes such as first-degree murder. Capital felonies are punishable by the death penalty in some cases, and in other cases, life imprisonment without the possibility of parole.
- Traffic Infractions
- DUI Charges
- Drug Charges
- Larceny, Theft and Property Offenses
- Fraud, Embezzlement and White Collar Crime
- Sex Offenses
- Assault
- Arson
- Conspiracy
- Juvenile Offenses
Misdemeanor Penalties in Florida
In addition to these serious charges, Florida law recognizes a range of lesser infractions that, while not felonies, can still carry significant consequences. Misdemeanors span a broad spectrum of unlawful behavior, encompassing offenses from minor acts of violence to infractions involving property and motor vehicles. The legal system treats these crimes with varying degrees of severity, often imposing penalties such as fines, probation, community service, or short-term incarceration in county jail.
These are a variety of lesser criminal acts and typical examples of misdemeanor charges:
- Reckless Driving
- DUI
- Driving with a Suspended License
- Hit and Run/Fleeing the Scene
- Trespassing
- Shoplifting
- Petty Theft
- Simple Assault
- Battery
- Disorderly Conduct
- Public Intoxication
- Prostitution
- Possession of Marijuana
- Possession of Drug Paraphernalia
In Florida, misdemeanors are divided into two categories:
- First Degree Misdemeanor: These are the most serious misdemeanor offenses, punishable with fines of up to $1000 and up to one year in county jail.
- Second Degree Misdemeanor: These are less serious misdemeanor offenses, punishable with fines of up to $500 and up to 60 days in county jail.
Despite being less critical than felonies, even a misdemeanor conviction can result in jail time, significantly affecting your life. Specific misdemeanors, like DUIs, can revoke your driving privileges, complicating your ability to commute to work or other essential locations.
It is important to understand that while misdemeanors constitute less serious infractions, their impact should not be underestimated. A misdemeanor charge often involves a court appearance, the possibility of probation, and mandatory community service. Additionally, having a misdemeanor on your record can affect applications for housing, loans, and even travel visas. Long-term effects of a misdemeanor conviction may include hindered job prospects, suspension of professional licenses, and loss of college scholarships. For repeat offenders, penalties may increase, and certain misdemeanors can be reclassified as felonies if aggravating circumstances are present.
Felony Penalties in Florida
In contrast, felonies represent the most serious violations of criminal law, reserved for offenses involving substantial harm or threat to individuals or society. Whereas misdemeanors might involve lesser offenses and penalties, felonies carry consequences that are far more severe. Felony convictions may lead to lengthy prison sentences in state correctional facilities, substantial fines, long-term probation, and permanent loss of certain civil rights such as the right to vote or possess firearms. The nature and classification of the felony often depend on factors such as the presence of violence, use of a weapon, or amount of property damage involved.
Felonies are much more severe than misdemeanors, with penalties extending to life imprisonment or the death penalty.
Offenses that typically fall under the felony category in Florida include:
- Aggravated DUI
- Grand Theft
- Carjacking
- Aggravated Assault
- Aggravated Battery
- Sexual Assault and Battery
- Robbery
- Kidnapping
- Murder
Florida divides felonies into five general categories:
As a reminder, any statements made to the police can be utilized against you. Officers are skilled in interrogation methods; if they suspect involvement in a crime, they might extract incriminating statements. With this evidence, they can coerce you into pleading guilty to a charge.
Florida Three Strikes Law
Repeat felony offenders face increased penalties under Florida’s “Three Strikes and You’re Out” statute. Accumulating two or more prior felony convictions may result in lengthier sentences and heftier fines.
Sealing or Expunging your Criminal Record
Certain offenses may allow individuals to seal or expunge their criminal records under Florida law. **Sealing** your record prevents public access, meaning future employers and background searches will not reveal it, although it must be disclosed in certain contexts, like applying for government jobs or legal licenses. Expungement eliminates your record entirely, but a copy remains with the Florida Department of Law Enforcement for law enforcement access only.
To be eligible for sealing or expungement, you must have no previous criminal convictions, cannot have pleaded guilty to an ineligible offense, must not have previously received sealing or expungement in Florida, and cannot be under any court supervision, such as probation or house arrest.
Talk to an Attorney BEFORE You Talk to the Police
Even if you feel there’s nothing to hide, speaking with an attorney beforehand or having one present during questioning is crucial to protect your rights. Our legal team can assist you throughout the process, whether it’s pre-arrest inquiries, trials, or appeals. Our goal is to achieve the best possible outcome, whether through dismissal, acquittal, or pleading to a lesser offense that results in probation instead of jail time.
Whether you’re facing an investigation or have already been charged with a felony, navigating Florida’s complex criminal justice system can feel overwhelming. The statutes that govern felonies, record sealing, and repeat offender laws are intricate, and even minor missteps can carry lifelong consequences. Experienced legal guidance can make all the difference—from the moment of police contact through the final resolution of your case.
Our attorneys are dedicated to providing direct, honest advice tailored to your unique circumstances. We handle all communications with law enforcement, file the necessary petitions for sealing or expungement, and vigorously defend your rights in court. With a thorough understanding of local laws and a commitment to client-centered representation, we strive to minimize the impact of criminal charges on your future and your family.
Whatever your situation may be, competent legal representation can be advantageous. If you’ve been charged in Pensacola, Milton, Gulf Breeze, Crestview, Niceville, Fort Walton, Destin or Mobile, and nearby areas, reach out to Whibbs Stone Barnett Turner, PA for prompt support. Contact us online or call our office at 1-850-500-1111 to connect with a member of our legal team.
