Other Common Crimes

If you have been charged with a crime in DeLand, Deltona, Daytona Beach, or other area of Volusia County and are seeking honest, dedicated, and aggressive legal representation, contact the criminal defense attorneys at the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.

Possession of Alcohol by a Minor

Under Florida Statute 562.111, “Possession of Alcohol by a Minor” is defined as a person under the age of 21 who is found to have in his or her possession alcoholic beverages, including commercial beverages or mixed drinks.

Commercial Beverages: considered any drink in which the container is labeled as beer, ale, malt liquor, malt beverage, wine, or distilled spirits.

Mixed Drinks: considered any distilled spirit or beverage containing ½ of 1% or more alcohol by volume.

Penalty: the penalty for possession of alcohol by a minor is dependent upon the number of offenses that have been committed.

• First Offense of Possession of Alcohol by a Minor: considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail and up to $500 in fines.
• Mandatory driver’s license suspension for up to one year (FL Statute 322.056(1)(a)(1)).
• Subsequent Offense of Possession of Alcohol by a Minor: considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $1,000 in fines.
• Mandatory driver’s license suspension for two years (FL Statute 322.056(1)(a)(2)).

Prostitution

Under Florida Statute 796.07(1)(a), “Prostitution” is defined as giving or receiving of the body for sexual activity for hire.

Under Florida Statute 796.07(2)(a, b, c, d, e, g, h, i) it is unlawful to:

• Own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of prostitution
• Offer, or to offer or agree to secure, another for the purpose of prostitution
• Receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution
• Direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any person, with the knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution
• For a person 18 years of age or older to offer to commit, or to commit, or to engage in prostitution
• To reside in, enter, or remain in, any place, structure or building, or to enter or remain in any conveyance, for the purpose of prostitution
• To aid, abet, or participate in any of the acts or things enumerated in Florida Statute 796.07 (2)(a-i)
• To purchase the services of any person engaged in prostitution

Penalty: the penalties for prostitution are dependent upon the number of violations that have been committed.

• First Prostitution-Related Offense: considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail and up to $500 in fines.
• Second Prostitution-Related Offense: considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $1,000 in fines.
• Third Prostitution-Related Offense: considered a felony of the third degree, which is punishable by up to five years in prison and up to $5,000 in fines.

Solicitation of Prostitution

Under Florida Statute 796.07(2)(f), “Solicitation of Prostitution” is defined as soliciting, inducing, enticing, or procuring another person to commit prostitution, lewdness, or assignation.

Penalty: the penalties for the solicitation of prostitution are dependent upon the number of violations that have been committed.

• First Solicitation of Prostitution Offense: considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $1,000 in fines.
• Second Solicitation of Prostitution Offense: considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.
• Third Solicitation of Prostitution Offense: considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.

* Any person found violating the Solicitation of Prostitution statute that uses a vehicle in the course of the violation may also face impoundment or immobilization of the vehicle for a period of up to 60 days.

Arson

Under Florida Statute 806.01, “Arson” is defined as any person who willfully and unlawfully damages a dwelling or structure as a result of fire or explosion.

First Degree Arson: Arson is considered First Degree Arson in Florida if one of the following three criteria are met:

• the arson was committed on a dwelling whether occupied or not, or its contents;
• the arson was committed on a structure which is normally occupied, such as jails, prisons or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours or occupancy; or similar structures; or
• the arson was committed on a structure that the arsonists knew, or had reasonable grounds to know, was occupied.

Penalty: The penalty for first degree arson is up to 30 years imprisonment and up to $10,000 in fines

Second Degree Arson: Arson is considered Second Degree Arson in Florida if damage is caused to a structure by fire or explosion, whether the property belongs to the arsonist or another person, under any circumstances other than those outlined under First Degree Arson.

Penalty: The penalty for second degree is up to 15 years imprisonment and up to $10,000 in fines.

A structure is defined as any building with an enclosed roof over it, including any real property such as any tent, portable building, vehicle, vessel, watercraft, or aircraft.

Criminal Mischief

Under Florida Statute 806.13, “Criminal Mischief” is defined as willfully and maliciously damaging by any means any real or personal property of another person, including, but not limited to, the placement of graffiti or other acts of vandalism.

Penalty: the penalty for criminal mischief is dependent upon the cost of property damage that was caused.

• Less than $200 in Damage: considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail and up to $500 in fines.
• Less than $1,000 in Damage: considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $1,000 in fines.
• More than $1,000 in Damages: considered a felony of the third degree, which is punishable by up to five years in jail and up to $5,000 in fines.

Disorderly Intoxication

Under Florida Statute 856.011, “Disorderly Intoxication” is defined as being intoxicated and endangering the safety of another person or property, or causing a public disturbance while drinking or being intoxicated in public.

Penalty: disorderly intoxication is considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail and up to $500 in fines.

Loitering & Prowling

Under Florida Statute 856.021, “Loitering or Prowling” is defined as loitering or prowling in a place, at a time or in a manner that is unusual for a law-abiding individual, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

Penalty: loitering or prowling in the state of Florida is considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail and up to $500 in fines.

Disorderly Conduct

Under Florida Statute 877.03, “Disorderly Conduct” is defined as committing acts to corrupt public morals, outrage the sense of public decency, affect the peace and quiet of those who may witness such acts; or engaging in brawling, fighting, or other conduct that breaches peace.

Penalty: disorderly conduct is considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail and up to $500 in fines.