First and second degree misdemeanors

Florida splits misdemeanors into two degrees. A second degree misdemeanor carries up to sixty days in county jail. A first degree misdemeanor carries up to a year, plus probation, fines, and court costs. Both are prosecuted in county court, and in Brevard County that means Melbourne, Titusville, or Viera depending on where the case arose.

Charges handled

• Simple battery and assault
• Petit theft and shoplifting
• Trespass
• Disorderly conduct and disorderly intoxication
• Possession of drug paraphernalia
• Criminal mischief
• Resisting an officer without violence
• Cannabis possession under the felony threshold
• Violation of a no-contact order

Withhold of adjudication, and what it actually does

In many misdemeanor cases the realistic goal is not just avoiding jail, it is avoiding a conviction. When a court withholds adjudication, you are not formally convicted even though the case resolved against you.

That distinction matters. It can preserve your ability to answer certain questions honestly on applications, and it is often what keeps the door open to sealing the record later. An adjudication of guilt generally closes that door permanently. It is worth understanding the difference before agreeing to anything.

Diversion for first-time charges

Brevard County offers diversion programs for some first-time offenses. Completing one typically results in the charge being dropped, which leaves you in a much better position than any plea would. Eligibility depends on the charge, your history, and sometimes on the alleged victim’s position, and these programs have deadlines.

What a defense looks at

• Whether the State can prove every element, which is often thinner than the arrest suggests
• Body camera and store video, which frequently contradicts the report
• Whether the stop, detention, or search was lawful
• Self defense in battery cases
• Whether the property value supports the charge in theft cases
• Diversion eligibility and whether a withhold is achievable