Fort Myers Misdemeanors Lawyer

Last updated on December 12, 2025

A criminal charge, no matter how minor it seems, can disrupt your life, reputation and financial security. Even a misdemeanor can lead to jail time, fines or a permanent criminal record. Acting quickly and working with an experienced attorney is the best way to protect your future.

When you contact the Lee Viacava Law Firm, you will work directly with Fort Myers misdemeanor attorney Lee Viacava, who brings more than 18 years of criminal defense experience to your case. He focuses on resolving charges efficiently while minimizing both immediate and long-term consequences.

Why You Need To Take Misdemeanor Charges Seriously

While misdemeanor penalties are less severe than felony punishments, they still carry serious risks, including jail time, probation and lasting effects on your employment and reputation.

Working with a skilled and dedicated attorney like Mr. Viacava is an investment in your future. He can help you pursue the most favorable resolution available and limit the personal and professional impact of your case.

What Happens After A Misdemeanor Arrest In Florida

After a misdemeanor arrest, the process moves quickly, and understanding each stage helps you make informed decisions.

1. Arrest or notice to appear: Depending on the situation, police may arrest you or issue a “notice to appear” in court. Even if you’re not taken into custody, the charge still triggers a criminal case.
2. Arraignment: At your first court appearance, called an arraignment, the judge formally reads the charges. You may enter a plea of guilty, not guilty or no contest. Having an attorney before this hearing allows you to avoid mistakes and may prevent unnecessary appearances.
3. Pretrial process: During this phase, Mr. Viacava reviews the evidence, negotiates with prosecutors and may file motions to suppress evidence or dismiss charges. Many misdemeanor cases are resolved during this stage through plea negotiations or diversion programs.
4. Trial and sentencing: If your case proceeds to trial, a judge or jury decides the outcome. If convicted, the judge imposes a sentence that could include probation, fines, community service or jail time.

Every stage of the misdemeanor process can impact your rights and future. Taking prompt action and consulting an attorney early gives you the best chance to protect yourself, understand your options and navigate the legal process effectively.

What To Do And Not Do After Being Charged

After a misdemeanor charge, your actions in the days that follow can strongly influence your case. Knowing what to do and what to avoid can help protect your rights and prevent costly mistakes.

Do:

• Contact an experienced defense attorney immediately like Mr. Viacava.
• Comply with all bond conditions.
• Keep detailed records of any communication or paperwork related to your case.

Don’t:

• Speak to law enforcement or prosecutors without a lawyer.
• Post about your case or arrest on social media.
• Assume a misdemeanor is “no big deal.” It can still affect your record, job, housing and other parts of your life.

Early legal representation can make a major difference, from negotiating reduced charges to keeping your record clean through diversion or dismissal.

Answering Frequently Asked Questions About Misdemeanor Charges

People accused of a crime often have questions about how these charges could impact their lives. Mr. Viacava has the experience and knowledge necessary to provide truthful and honest answers.

What’s the difference between first- and second-degree misdemeanors?

There are hundreds of crimes that can result in misdemeanor charges. Misdemeanors are classified as either first-degree or second-degree, with first-degree being the most serious.

A first-degree misdemeanor is punishable by up to a year in jail and/or probation, among other penalties, whereas a second-degree misdemeanor is punishable by up to 60 days in jail and/or six months of probation (some exceptions apply), among other penalties.

Some of the most common second-degree misdemeanors include:

• Assault
• Criminal mischief
• Culpable negligence
• Disorderly intoxication
• Disorderly conduct
• Gambling
• Loitering or prowling
• Petit theft, first offense
• Prostitution, first offense
• Probation violations
• Public nuisance
• Reckless driving
• Trespass in a structure or conveyance
• Unnatural and lascivious act
• Breach of peace
• Ordinance violations

Some of the most common first-degree misdemeanors include:

• Battery
• Carrying a concealed weapon
• Criminal mischief (damages between $200 and $1,000)
• Cruelty to animals
• Discharging a firearm in public
• Domestic violence battery
• Indecent exposure or exposure of a sexual organ
• Obstruction by a disguised person
• Obtaining property in exchange for a worthless check
• Petit theft, second offense, or first offense with a value of between $100 and $300
• Possession of drug paraphernalia
• Possession of marijuana (not more than 20 grams)
• Probation violations
• Resisting without violence
• Trespass on property other than a structure or conveyance

Because some charges may be first or second degree misdemeanors, the level of charges that you face often depends on the details of your situation.

Driving under the influence (DUI) charges have their own penalty structure that supersedes general misdemeanor classifications. DUI with property damage or non-serious injury is a first-degree misdemeanor (up to one year jail). Other DUIs carry specific jail maximums:

• First DUI (up to six months)
• First DUI with .15% BAC or minor in vehicle (up to 9 months)
• First DUI Damage (up to 12 months)
• Second DUI (up to 12 months)
• Third DUI (up to 12 months)

What type of sentence can I expect for a misdemeanor?

The penalties vary based on your specific facts and the lawyer you choose to hire. Mr. Viacava has the experience and dedication to get you the best possible resolution. He will address concerns like addiction and mental health, to name a few, when helping his clients resolve their legal matters.

How long does a misdemeanor last?

Florida criminal cases may take several months, if not longer, to resolve properly. However, the choices you make when facing charges can directly impact the amount of time it takes to properly handle a misdemeanor charge.

One important step that you can take is speaking to an experienced attorney like Mr. Viacava, who can help you navigate the legal process with greater confidence and reach a resolution sooner.

What distinguishes a misdemeanor from a felony charge in Florida?

The key difference between misdemeanor and felony charges is the potential penalties you may face. Misdemeanors are less serious offenses, and are typically punishable by fines and/or up to a year in a county jail. Examples of typical misdemeanors include things like petty theft, simple battery and most first-time drunk driving offenses.

Felony charges typically carry larger fines and the potential for imprisonment in a state prison for longer than a year. Felonies also carry additional consequences, including a permanent criminal record, the loss of the right to own firearms, and the loss of certain professional licenses.

How can a misdemeanor conviction impact my future employment opportunities?

Many businesses perform background checks on potential employees, and certain criminal convictions – even those classified as misdemeanors – may be seen as liabilities in sensitive fields, such as health care, education, finance and childcare. For example, a petty theft conviction might seem inconsequential, but a bank or nursing home may hesitate to hire someone with that kind of history because of the perceived risk to their clients.

What are the potential defenses for misdemeanor charges?

It depends entirely upon the circumstances and the nature of the charges. A few common types of defenses against misdemeanor charges include:

• Lack of intent
• Self-defense
• Mistaken identity
• Lack of evidence
• Illegal search and seizure
• Entrapment or duress
• Constitutional violations
• Lack of mental capacity

Mr. Viacava can help you explore your criminal defense options and challenge the evidence against you.

How soon should I hire a misdemeanor lawyer after being charged?

If you are charged with a misdemeanor, you should immediately seek legal representation – before you talk with the police. An attorney can educate you on your legal rights, help you understand the defense options and negotiate with the prosecutor on your behalf. The sooner you speak with an attorney, the better your outcome is likely to be.

Can a misdemeanor charge be expunged from my record in Florida?

Yes, but only in limited situations. Many misdemeanors, including DUIs and domestic battery, are not eligible for expunction at all. Where expunction is possible, the case must generally not have resulted in a conviction, whether the adjudication was withheld, the charges were ultimately dropped or dismissed, or a trial resulted in an acquittal.

Contact The Firm To Discuss Your Legal Options

The Lee Viacava Law Firm is based in Fort Myers and serves clients throughout southwest Florida. For a better understanding of your criminal charges and your options for resolving them, contact the firm to arrange your initial consultation with a highly experienced misdemeanor lawyer.

Simply call 239-672-8934 or send an email through the online contact form.