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State Criminal Defense

In Florida, citizens’ behavior is governed by both state laws found in the Florida penal code as well as federal laws found in the federal penal code. When a state law is violated, criminal charges are filed in state court.  In some cases, one action may violate both federal and state law. In such cases, whether you are prosecuted in federal court or state court will depend on which level the United States Attorney chooses to prosecute you.

Although many serious crimes are federal crimes, such as possession of child pornography or participating in organized crime, state crimes can be serious as well. For instance, murder is usually charged as a state crime, as are theft crimes and DUI charges.

Criminal Defense in State Court

If you are charged with a state crime, it is important to seek the counsel of a Tampa criminal defense lawyer. If you are arrested for criminal wrongdoing, a prosecutor will be assigned to your case to build evidence against you and to speak on behalf of the people of the state of Florida.

Prosecutors have extensive legal knowledge at their disposal, as well as the ability to use law enforcement agencies to help investigate the case and build evidence against you. As a Tampa criminal defense law firm, Stechschulte Nell will advocate your interests and ensure that you have a fair opportunity to defend yourself against criminal charges.

How a Tampa Criminal Defense Lawyer Helps in State Crime Cases

Although state crimes involve a violation of state law, you are still protected by the United States Constitution and your rights must be respected by state law enforcement agents and the prosecutor. You are innocent until proven guilty, and the prosecutor has the burden of proving your guilt beyond a reasonable doubt in state court to convict you of a crime.

Tampa criminal defense lawyer Ben Stechschulte can help identify ways to introduce doubt into your guilt.  He can also help you to raise affirmative defenses such as the stand your ground defense. In addition, he can advance arguments such as a violation of your constitutional rights against unlawful search and seizure that will keep evidence out of court so that the prosecution cannot prove a case against you.

In some cases, state court criminal matters can be settled without a trial; the defendant can plea bargain to lesser charges and a lesser sentence at the discretion of the state attorney’s office and the prosecutor assigned to your case. Clearwater criminal defense attorney Ben Stechschulte will help you negotiate a plea bargain if this is the right course of action for your case.

Contact Stechschulte Nell

As a board-certified criminal trial law attorney and former Hillsborough County prosecutor, Ben Stechschulte is uniquely qualified to represent clients in state crime cases. To learn more about how we can help you if you are facing charges for a state crime such as assault, domestic violence, DUI, drug charges or sex crimes, contact our office for a no-strings attached consultation.