Posts Tagged ‘prostitution’

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Prostitution Fine Amounts Increased in Florida

Wednesday, January 16th, 2013

As of January 1, 2013, the civil penalty for committing prostitution has increased to $5,000.  From 796.07 (6):

A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal. Of the proceeds from each penalty assessed under this subsection, the first $500 shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under s. 397.334. The remainder of the penalty assessed shall be deposited in the Operations and Maintenance Trust Fund of the Department of Children and Family Services for the sole purpose of funding safe houses and short-term safe houses as provided in s. 409.1678. (emphasis added).

This is a substantial increase from the prior fine amount, which was $500.

Disclaimer: This post is not intended as legal advice nor does it create an attorney-client relationship.

 

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CRIMINAL MISCHIEF AND RECLASSIFICATION

Thursday, April 28th, 2011

Under Florida law, there are certain crimes which become more serious based on how many prior convictions someone has for the same crime.  What looks like a misdemeanor may in fact become a felony charge.  Criminal mischief is one such charge.

Florida statute 806.13 defines criminal mischief as:

(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

The enhancement portion of the statute reads as follows:

(4) If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree…

For the complete statute on criminal mischief, go here.

For example, if a person breaks a window of another, doing $75 damage, and it is their first criminal mischief charge, they will be charged with a second degree misdemeanor, punishable by up to 60 days in jail and/or $500 fine.

But if the same person had one prior criminal mischief conviction, they may be charged with a third degree felony, punishable by up to 5 years in prison and/or $5000 fine.

Criminal mischief  is not the only crime which can be reclassified.  Other crimes which can be reclassified include DUI, prostitution, petit theft, and battery.

The decision on whether or not to reclassify lies within the discretion of the State Attorney’s Office.  If you are charged with criminal mischief in Florida, make sure you hire a defense attorney who understands the reclassification scheme.

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