Sarasota Misdemeanor Defense Lawyer

A misdemeanor is the less serious category of criminal charge in Florida, but it is still a criminal case. A conviction can mean jail, probation, fines, court costs and a public record that shows up on background checks. Former prosecutor Daniel D. Nawara represents people charged with misdemeanors in Sarasota County and nearby communities. Start with the charging document, your next court date and any release conditions.

What counts as a misdemeanor in Florida?

Florida misdemeanors come in two degrees. Under section 775.082(4), Florida Statutes:

First-degree misdemeanor: up to 1 year in county jail.
Second-degree misdemeanor: up to 60 days in county jail.

Section 775.083(1) sets the maximum fines at $1,000 for a first-degree misdemeanor and $500 for a second-degree misdemeanor, unless another statute allows more. Court costs, probation costs and other charges can be added. Some offenses also have their own rules, such as mandatory conditions, license consequences or minimum fines.

These are maximums. They are not predictions. The sentence in a particular case depends on the charge, the facts, any prior record and the decisions made in that case.

Common misdemeanor charges in Sarasota County

The office regularly receives questions about charges like these. The degree listed is the usual starting point under the statute; prior convictions, values and the specific facts can change it.

Petit theft (shoplifting): second-degree for property under $100, and first-degree for $100 to under $750 (s. 812.014). A prior theft conviction can raise the degree. See petit theft.
Battery: first-degree misdemeanor (s. 784.03). See battery defense and domestic violence.
Assault: second-degree misdemeanor (s. 784.011).
First or second DUI: misdemeanors with their own penalty schedule (s. 316.193). See Sarasota DUI defense.
Driving while license suspended with knowledge: second-degree for a first conviction (s. 322.34(2)). See DWLS.
Possession of 20 grams or less of cannabis and possession of drug paraphernalia: first-degree misdemeanors (ss. 893.13(6)(b), 893.147(1)). See marijuana possession.
Resisting an officer without violence: first-degree misdemeanor (s. 843.02). See resisting without violence.
Disorderly intoxication and disorderly conduct (breach of the peace): second-degree misdemeanors (ss. 856.011, 877.03).
Criminal mischief: second-degree for damage of $200 or less, and first-degree for more than $200 but under $1,000 (s. 806.13).
Reckless driving: penalties set by section 316.192.

Where misdemeanor cases are heard in Sarasota County

County courts handle misdemeanor cases under section 34.01. Sarasota County has two places where county criminal cases are heard. Which one hears yours mostly depends on where the case started.

Judge Lynn N. Silvertooth Judicial Center, 2002 Ringling Boulevard, Sarasota. This is the downtown courthouse for most cases from the northern part of the county, including the City of Sarasota and Siesta Key.
South County Courthouse, 4004 South Tamiami Trail, Venice. Under Twelfth Circuit Administrative Order 2026-12.2, the clerk dockets traffic and misdemeanor cases that arise in the "South County Judicial District" at this courthouse. The order defines that district as Sarasota County land south of Blackburn Point Road. That area includes Venice, Nokomis, North Port and Englewood's Sarasota County side.

Felony cases from anywhere in the county are heard downtown. Your hearing notice controls, so check it against Sarasota ClerkNet and our Sarasota criminal court guide.

How a misdemeanor case moves through court

Many misdemeanor cases start with a notice to appear instead of a custodial arrest. Others start with an arrest, booking at the Sarasota County jail at 2020 Main Street, and a first appearance before a judge, where release conditions are set. Read what happens after an arrest and first appearance and bond.

After that, a case usually goes through arraignment, discovery, pretrial conferences and motions. It may end in a dismissal, a diversion agreement, a negotiated plea or a trial. A missed court date can lead to a warrant, so read the failure-to-appear guide if that has happened.

Timing also matters. Section 775.15(2) generally requires prosecution of a first-degree misdemeanor to start within 2 years, and a second-degree misdemeanor within 1 year. Exceptions and tolling rules can apply.

Diversion and pretrial intervention options

For some people, the main goal is a resolution that avoids a conviction. Florida law and local practice offer several routes. Eligibility is never automatic.

Pretrial intervention (s. 948.08). The statute covers first offenders, and people with no more than one prior nonviolent misdemeanor conviction, charged with a misdemeanor or third-degree felony. Admission requires approval from the program administrator and consent from the victim, the State Attorney and the judge. The person must voluntarily agree after consulting counsel and must waive speedy trial for the diversion period. Read more about pretrial diversion and PTI.
Misdemeanor treatment-based programs (s. 948.16). These cover people charged with a misdemeanor who have an identified substance abuse problem and no prior felony conviction. The statute also provides for veterans' treatment and mental health court programs. Section 948.16 states that a person whose charges are dismissed after completing the treatment-based drug court program may, if otherwise eligible, have the arrest record expunged.
Treatment courts. The Twelfth Circuit State Attorney's Office lists treatment courts that can include misdemeanor cases, such as Comprehensive Treatment Court, Community Care Court and Health Care Court. Each requires an application and screening.
DUI cases. First-time, non-aggravated DUI cases follow a separate path. The State Attorney's DETER initiative is covered on our Sarasota DUI page.

Before signing a diversion agreement, find out what it requires, what it costs, how long it lasts, and what happens to the charge if a condition is missed.

Withhold of adjudication

If a case ends in a plea or a finding of guilt, section 948.01 lets a court in appropriate circumstances withhold adjudication. That means the court does not formally adjudicate the person guilty. In a misdemeanor case, the court may impose probation either way.

A withhold is not a dismissal. It does not erase the record. It also does not stop every consequence, because employment, licensing, immigration and other areas can apply their own definitions. A withhold is also not available for every offense. For example, section 316.656 prohibits withholding adjudication for DUI. A withhold may affect whether a record can later be sealed under section 943.059, which has its own requirements. Read withhold vs. conviction and sealing and expungement.

How a defense is built

Defense work starts with the evidence: reports, body-worn and dash camera video, store surveillance, 911 calls, witness statements and physical evidence. That review may raise questions about the lawfulness of a stop or search, identification, intent, the value of property, or whether the facts fit the statute charged. Depending on the facts, the next step might be a motion, a diversion request, negotiation or trial preparation.

Frequently asked questions

Can I go to jail for a misdemeanor in Sarasota?

Yes. Jail is possible: up to 60 days for a second-degree misdemeanor and up to 1 year for a first-degree misdemeanor under section 775.082. Many cases end without jail, but the result depends on the facts, any prior record and the court.

Will my case be in Venice or downtown Sarasota?

Misdemeanor and traffic cases from south of Blackburn Point Road are docketed at the South County Courthouse in Venice under the current administrative order. Most other misdemeanor cases are heard at the Silvertooth Judicial Center. Always follow the location on your notice.

Is a withhold of adjudication the same as a dismissal?

No. A withhold follows a plea or finding of guilt and can include probation and other conditions. A dismissal ends the charge. They can affect sealing eligibility and background checks differently.

Do I qualify for pretrial intervention?

Maybe. Section 948.08 sets baseline eligibility and requires approvals from the State Attorney, the victim, the program administrator and the judge. Your history and the facts of the charge also matter.

Do I still need a lawyer for a "minor" charge?

That is your decision. A misdemeanor can still affect employment, housing, professional licenses and immigration status. A consultation can help you understand the evidence, your options and the consequences before you decide how to proceed.

Discuss your misdemeanor case

Call (941) 920-5514 or request a free consultation with Daniel D. Nawara. Bring your notice to appear or arrest paperwork, your court date and any bond or no-contact conditions. Ask about fees, scope and payment plans. You can also read about Daniel's background or browse all practice areas.

Updated October 1, 2026. General information only, not legal advice. Penalties and eligibility depend on the facts, the offense date and current law. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.

Sources: Fla. Stat. § 775.082, § 775.083, § 775.15, § 34.01, § 948.01, § 948.08, § 948.16, § 316.656; Twelfth Circuit AO 2026-12.2; SAO12 Treatment Courts.