Brevard County Criminal Defense: A Helpful Guide for Defendants
Getting arrested and charged with a crime in Brevard County can be an incredibly stressful and frightening experience. As a defendant, you may feel overwhelmed navigating the complex criminal justice system and defending your rights. This article provides a helpful overview of criminal defense in Brevard County – from common charges to potential defenses to the role of a criminal defense lawyer.
Understanding Common Criminal Charges in Brevard County
In Brevard County, like most jurisdictions, criminal charges range from minor misdemeanors to serious felonies. Some of the most common misdemeanor offenses include:
- Domestic violence – covers a wide range of crimes involving violence or threats against a family or household member. Can include battery, assault, criminal mischief, etc.
- DUI – driving under the influence of drugs or alcohol. DUI charges can be brought even if your BAC is under 0.08%.
- Drug possession – possessing a controlled substance like marijuana, cocaine, methamphetamine, etc. Amount possessed impacts whether it’s a misdemeanor or felony.
- Petit theft – shoplifting or stealing an item under $500 in value.
- Trespassing – entering or remaining on a property without permission.
Some common felony charges in Brevard County include:
- Drug trafficking – possessing large amounts of drugs with intent to sell. Trafficking charges depend on the type/quantity of drug.
- Burglary – illegally entering a dwelling with intent to commit a crime inside. Can be charged as burglary even if nothing is stolen.
- Grand theft – stealing an item over $500 in value. Can also include theft of a firearm, vehicle, livestock, etc.
- Aggravated assault – assault with a deadly weapon or with intent to commit another felony crime.
- Sex crimes – covers a range of offenses like sexual battery, lewd conduct, solicitation of a minor, etc.
This overview shows the diversity of criminal charges in Brevard County. The circumstances of each case impact the specific laws applied.
Understanding Your Rights and Potential Defenses
As a defendant, you have important constitutional rights throughout the criminal process – including the right to not incriminate yourself and the right to legal counsel. Knowing your rights is key.
You also may have strong defenses that could lead to reduced or dismissed charges:
- Self-defense – using reasonable force to protect yourself or others from harm. Can justify violent crimes if correctly applied.
- Lack of criminal intent – proving you did not have the requisite mental state to commit the crime, i.e. no intent to steal for theft.
- Misidentification – police arrested the wrong person, so you have an alibi or did not commit the crime.
- Illegal search – evidence was obtained through an unconstitutional search, making it inadmissible.
- Entrapment – law enforcement induced you to commit a crime you otherwise would not have.
- Intoxication – you were involuntarily intoxicated and unable to form criminal intent.
- Duress – you were forced to commit the crime through threats of violence.
An experienced criminal defense lawyer can assess if any defenses apply to your specific case.
The Role and Benefits of a Criminal Defense Lawyer
Having an experienced criminal defense lawyer represent you can make all the difference in your case’s outcome. An attorney serves multiple invaluable roles:
- Advise you on your rights and legal options
- Thoroughly investigate your case and build defenses
- Represent you in negotiations with the prosecution
- Argue motions to suppress evidence or dismiss charges
- Aggressively defend you in court if necessary
- Guide you through the complex criminal justice process
Unlike a public defender, a private criminal defense lawyer can dedicate significant time and resources solely to your case. They have the expertise to identify and exploit any weaknesses in the prosecution’s case.
A skilled lawyer knows how to craft persuasive arguments – highlighting facts and case law that cast doubt on your guilt. They understand the procedures, processes, and players in the local criminal justice system. Their experience negotiating with prosecutors is invaluable.
Bottom line – having an assertive defense lawyer fighting for your freedom and future can make a huge difference. Their legal skills can lead to reduced charges, minimized penalties, or even dismissed cases in many instances.
Finding the Right Brevard County Criminal Defense Lawyer for You
Choosing the right criminal defense lawyer is extremely important. Factors to consider include:
- Relevant experience – Find lawyers with extensive experience specifically with your type of criminal charge. Check their track record defending similar cases.
- Local knowledge – It’s advantageous to choose an attorney well-versed in Brevard County’s unique courts, judges, prosecutors and processes.
- Resources – The lawyer must have sufficient time and resources to dedicate to assembling the strongest defense for your case.
- Communication – Look for a lawyer who is responsive, understanding, and can clearly explain legal issues and case strategies. Trust is crucial.
- Affordability – Rates and payment plans vary among defense lawyers. Be upfront about your budget constraints.
- Reputation – Research online reviews and talk to past clients. A lawyer with a strong reputation is key.
Take time to meet with a few Brevard County criminal defense lawyers before deciding. Comfort level, rapport, and confidence in their skills is critical. This is a very personal decision.
Conclusion – There are Options and Hope
Being arrested and facing criminal prosecution is scary. But there are always options and hope if you have an experienced criminal defense lawyer guiding you. The prosecution bears the burden of proving guilt beyond a reasonable doubt – a high bar to clear. An assertive lawyer can exploit every weakness and defend your rights, possibly leading to reduced or dismissed charges. So if you or a loved one is facing prosecution in Brevard County, contact a defense lawyer today to discuss your case. An attorney can help ensure justice prevails.