Second Degree Misdemeanors

Written by:Julian Stroleny PortraitJulian Stroleny
private property

If you find yourself accused of a second degree misdemeanor, it is highly important that you secure the services of a Miami criminal defense lawyer as soon as possible.

misdemeanor in Miami is less severe than a felony. Misdemeanors themselves can be categorized in two ways: first degree misdemeanors or second degree misdemeanors. First degree misdemeanors are considered ‘worse’ than second degree misdemeanors, and will carry more severe penalties.

Nevertheless, second degree misdemeanors are still serious and can result in life-changing consequences. A second degree misdemeanor can result in a fine of up to $500, along with up to sixty days in jail.

Sixty days in jail doesn’t sound like a lot on paper but those two months will feel like forever for anyone serving the sentence. For most people, this is a grueling and a highly upsetting experience, particularly if you don’t feel the punishment matches the crime.

A first degree misdemeanor meanwhile, is punishable by up to a $1,000 fine and a year in jail.

In either scenario, it is very important the defendant secures the services of a trained Miami criminal attorney. We will be able to provide a range of different services to help make the experience less frightening and to secure a better outcome in the case. A Miami criminal law firm can greatly improve your chances of getting a minimum penalty – or of avoiding a penalty altogether!

Types of Misdemeanors

The types of misdemeanors classified as second degree include:

  • Simple assault
  • Trespass
  • Disorderly intoxication
  • Harassing phone calls
  • Loitering or prowling
  • Criminal mischief (damage under $200)
  • Petit theft
  • Theft

Meanwhile, first degree misdemeanors can include but are not limited to:

  • Simple battery
  • Boating under the influence
  • DUI
  • Driving with a suspended license
  • Criminal mischief (damage under $1,000 but below $200)
  • Reckless driving
  • Possession of drug paraphernalia
  • Possession of marijuana (cannabis) under 20 grams
criminal mischief

The Role of a Criminal Defense Lawyer in Miami

A Miami criminal defense lawyer can help you in many ways to ensure the best possible outcome for your case.

Our first job will be to advise you on how to plead. We can do this by looking at the severity of your charges, the amount of evidence against you, and other factors, in order to predict the outcome of each course of action.

We can then help you build a defense to the charges. There are many defenses, depending on the crime you are being accused of. We may be able to get your charges dropped or your sentence reduced.

What to do in Preparation for Your Hearing


You should consult with your lawyer and that means asking them questions regarding what to expect, as well as getting advice on how to proceed. Things like deciding to try and settle with a plea, or pleading not guilty, may be able to save you a lot of worry and stress but you need to make sure you are making the right decisions. Discuss these issues with someone who has experience – your criminal attorney in Miami.


Generally, court isn’t a great place for children, so most parents tend to prefer that their children don’t attend court and stay at home. Look into finding a babysitter or somewhere they can go, and likewise make sure you can get the time off work and that everyone knows how to find you, in case of an emergency.

Choose What to Wear


Choosing what to wear might not seem like a big decision, but nevertheless, it can affect the perception others have of you, as well as how comfortable you feel. Rather than stressing about this on the day of your court hearing, spend some time thinking about it in advance when you have the chance.


When you’re in court, you may have to answer questions and speak in front of a large audience – which in itself can be stressful. It can be useful to practice your public speaking with your Miami criminal defense lawyer and to go over the potential questions you may have to answer. They will be able to anticipate much of what will come up, and by preparing answers, you can be better equipped to answer quickly and confidently.

Get in Touch Today

If you are facing a court case for a second degree misdemeanor, you need to begin to act today. Don’t delay; get in touch and engage in a no-obligation conversation with our criminal defense lawyer to start formulating your defense and decide on your next course of action.