Petit theft applies when the property or services taken are valued under $750. A first offense involving property valued under $100 is a second-degree misdemeanor, while theft between $100 and $750, or a second petit theft offense, is a first-degree misdemeanor with the possibility of up to a year in jail.
Grand theft begins at $750 in value and is charged as a felony. The degree of felony, and the potential prison exposure, increases as the value rises, with special categories for certain items like firearms or motor vehicles regardless of their dollar value.
Prosecutors sometimes rely on estimated or replacement value rather than actual fair market value, which can push a case toward a higher charge than the facts support. Challenging how value was calculated is often a key part of a theft defense.
Lack of intent to permanently deprive the owner of the property
Claim of right or genuine belief the property was yours
Mistaken identity
Insufficient evidence linking you to the alleged theft
Even a misdemeanor theft conviction can affect job prospects, since many employers run background checks and view theft-related offenses as a red flag regardless of the dollar amount involved.
Facing charges in Hillsborough, Pinellas, Pasco, or Polk County? Attorney Erica Irizarry offers free consultations and is ready to review your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] or reach out online today.
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this post.
]]>Under Florida Statute 784.011, assault is an intentional, unlawful threat by word or act to do violence to another person, combined with an apparent ability to carry it out, that creates a well-founded fear in the victim that violence is imminent. No physical contact is required for a charge of assault.
Battery, under Florida Statute 784.03, involves actually touching or striking another person against their will, or intentionally causing them bodily harm. Unlike assault, battery requires physical contact.
Both assault and battery can be elevated to "aggravated" charges when a deadly weapon is used or when the act results in serious bodily injury, or is committed with intent to commit a felony. Aggravated assault and aggravated battery are felony offenses with significantly harsher penalties than their simple counterparts.
Self-defense or defense of others
Lack of intent to cause harm or fear
Mistaken identity or insufficient evidence
Consent, in certain limited circumstances
The alleged victim's own conduct or aggression
Because assault and battery have different legal elements, the prosecution must prove different facts for each. A close review of police reports and witness statements often reveals whether the charge filed even matches what actually happened.
Facing charges in Hillsborough, Pinellas, Pasco, or Polk County? Attorney Erica Irizarry offers free consultations and is ready to review your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"]or reach out online today.
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this post.
]]>Florida law generally requires an arrest when officers have probable cause to believe domestic violence occurred, even without the alleged victim's request. Once arrested, a no-contact or protective order is often put in place automatically, which can mean being barred from your own home.
Florida law requires that a person arrested for domestic violence be held for at least 24 hours before being eligible for release, regardless of the ability to post bond, so a judge can set appropriate release conditions, including any no-contact orders.
Loss of the right to possess firearms if convicted
Impact on child custody and visitation proceedings
Immigration consequences for non-citizens
Professional licensing complications
Mandatory batterer's intervention program if convicted
Because so much happens in the first 24 to 48 hours, including bond conditions and no-contact orders, having an attorney involved from the start can make a meaningful difference in protecting your housing situation, your parental rights, and your ability to present your side of events.
Facing charges in Hillsborough, Pinellas, Pasco, or Polk County? Attorney Erica Irizarry offers free consultations and is ready to review your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] or reach out online today.
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this post.
]]>You have the right to remain silent and the right to an attorney. Beyond providing basic identifying information, you are not required to answer questions about where you were coming from or how much you had to drink. Politely decline to discuss the details of your night until you have spoken with a lawyer.
Florida's implied consent law means that by driving on state roads, you've already agreed to submit to a breath, blood, or urine test if lawfully arrested for DUI. Refusing a test carries its own administrative penalties, including license suspension, separate from any criminal DUI charge.
After a DUI arrest, you typically have only 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge an automatic license suspension. Missing this window can mean losing your driving privileges even before your criminal case is resolved.
Write down the timeline of your night, where you were stopped, what the officer said, and any field sobriety exercises you were asked to perform. These details fade quickly and can matter a great deal to your defense.
An experienced attorney can review whether the traffic stop was lawful, whether testing equipment was properly calibrated, and whether your rights were respected throughout the arrest. Early involvement often opens up options that aren't available later in the process.
Facing charges in Hillsborough, Pinellas, Pasco, or Polk County? Attorney Erica Irizarry offers free consultations and is ready to review your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"] or reach out online today.
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this post.
]]>Simple possession involves having a controlled substance for personal use. Possession with intent to distribute or sell is a more serious charge and is often based on factors like quantity, packaging, the presence of scales or cash, or witness statements. Prosecutors sometimes overcharge based on circumstantial evidence.
Florida law organizes controlled substances into schedules based on their potential for abuse and accepted medical use. The classification and quantity involved directly affect whether a charge is a misdemeanor or a felony, and how severe the potential penalties are.
Possession of small amounts of marijuana (20 grams or less) is typically a misdemeanor, while possession of cocaine, methamphetamine, heroin, or prescription drugs without a valid prescription is generally charged as a third-degree felony, even for a small amount.
Unlawful search and seizure during the traffic stop or arrest
Lack of actual knowledge or control over the substance
Chain of custody issues with lab testing
Valid prescription or medical justification
Eligibility for pretrial diversion or drug court programs
Depending on the county and your criminal history, first-time offenders may qualify for a pretrial intervention or drug court program that can lead to reduced charges or a clean record upon successful completion.
Facing charges in Hillsborough, Pinellas, Pasco, or Polk County? Attorney Erica Irizarry offers free consultations and is ready to review your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"]or reach out online today.
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this post.
]]>Fines ranging from $500 to $1,000 (higher if BAC was 0.15 or above, or a minor was in the vehicle)
Up to 6 months in jail (up to 9 months with an enhanced BAC)
License revocation for a minimum of 180 days, up to 1 year
50 hours of community service
Probation of up to 1 year
Mandatory DUI school and possible substance abuse evaluation
Ignition interlock device requirement in certain cases
Many first-time offenders don't realize that the administrative license suspension through DHSMV runs on its own track from the criminal court case. Requesting a formal review hearing within 10 days of arrest is critical to preserving your ability to drive, including eligibility for a hardship license.
Every DUI case is different, but common defense angles include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or blood test results, examining whether field sobriety tests were administered correctly, and reviewing officer body camera or dashcam footage for inconsistencies.
A first-time DUI conviction stays on your record and can affect insurance rates, employment, and future sentencing if you're ever charged again. Treating a first offense seriously from the start gives you the best chance at a favorable outcome.
Facing charges in Hillsborough, Pinellas, Pasco, or Polk County? Attorney Erica Irizarry offers free consultations and is ready to review your case. Call [nap_phone id="LOCAL-CT-NUMBER-1"]or reach out online today.
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this post.
]]>What Is a Marital Settlement Agreement?
A Marital Settlement Agreement — sometimes called an MSA — is a binding legal contract between divorcing spouses that resolves all issues in the divorce, including the division of assets and debts, alimony (if any), and in cases with children, child support and custody arrangements. Once signed by both parties and approved by the court, it becomes a court order.
What Does a Marital Settlement Agreement Cover?
• Division of real estate — the marital home, investment properties, and any other real property
• Division of bank accounts, investment accounts, and retirement accounts
• Division of personal property — vehicles, furniture, jewelry, and other belongings
• Allocation of marital debts — mortgages, credit cards, loans
• Alimony — whether it will be paid, the amount, and the duration
• Child support and the child support guidelines worksheet (if applicable)
• Any other issues specific to the marriage
Is a Marital Settlement Agreement the Same as a Divorce Decree?
No. A Marital Settlement Agreement is the contract between the two parties. A Final Judgment of Dissolution of Marriage — the divorce decree — is the court order that officially ends the marriage. The judge incorporates the Marital Settlement Agreement into the Final Judgment, making its terms enforceable as a court order.
Can a Marital Settlement Agreement Be Modified Later?
Once approved by the court, a Marital Settlement Agreement is very difficult to modify — particularly the provisions relating to property division. Provisions relating to children — such as child support and parenting plans — may be modified if there is a substantial change in circumstances. This is why it is so important to get the agreement right from the start.
Do Both Spouses Need an Attorney?
While Florida law does not require both parties to have separate attorneys, it is strongly recommended. A Marital Settlement Agreement is a binding legal contract with long-term financial consequences. Each party having independent legal advice protects both parties and reduces the risk of future disputes or challenges to the agreement.
Important: Attorney Irizarry represents one party only. The other spouse is encouraged to seek independent legal counsel before signing any agreement.
Have Questions? We Can Help.
Attorney Erica Irizarry offers free, confidential consultations for all family law matters. Call [nap_phone id="LOCAL-CT-NUMBER-1"]or complete our online intake form to get started today.
Se habla español.
]]>What Is This Charge?
Florida law makes it a felony to knowingly possess, control, or intentionally view any image, video, computer file, or other data that depicts a minor engaged in sexual conduct. Each individual image or video is treated as a separate criminal count.
Penalties & Fines
Each image or video: Third-Degree Felony — up to 5 years per count, $5,000 fine per count
Multiple counts can result in decades of cumulative prison time
Mandatory lifetime sex offender registration
Lifetime residency restrictions
Lifetime employment restrictions
Federal charges for possession or distribution carry mandatory sentences of 5–20+ years
Additional Consequences
Permanent loss of civil rights
GPS monitoring and electronic surveillance
Immigration consequences — permanent bar and deportation for non-citizens
Prohibition from all contact with minors
Possible Defenses
You did not knowingly possess or view the material (inadvertent downloads, viruses, cached files)
The devices were not lawfully searched — Fourth Amendment challenge
The images do not meet the legal definition of child pornography
The individuals depicted were not minors
Entrapment by law enforcement
Chain of custody issues with digital evidence
Another person had access to the device
Why You Need a Defense Attorney
These cases involve complex digital forensics and the possibility of both state and federal prosecution simultaneously. An attorney will immediately challenge the legality of the search, retain independent digital forensic experts, and scrutinize every aspect of the investigation. Time is critical.
Call today for a free consultation: (813) 888-8888 | Email: erica@fllegaldefense.com
Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.
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