1. Thomas & Paulk
Focus Area: Criminal defense with 7,000+ cases handled and former prosecutors
Practice Areas: DUI, drug crimes, domestic violence, theft, assault, sex crimes, violent crimes, white-collar crimes, federal crimes
Background: The Tampa criminal defense attorneys at Thomas & Paulk have handled more than 7,000 criminal cases throughout Florida. The team of former prosecutors turned defense lawyers has helped thousands of clients fight their charges. Led by former prosecutors who have successfully represented thousands of defendants and arrestees in Tampa and across Florida, the firm has unmatched insight into what is needed to handle any criminal case. The team does not limit availability; they welcome calls any time, day or night. Arrests, warrants, and other criminal law matters do not wait for convenient office hours.
Location: Tampa, Florida
Contact: (813) 221-4200 | https://www.tampacriminalattorneys.com/
Consultation: 100% free case review available
2. Sammis Law Firm, P.A.
Focus Area: Criminal defense with 50+ years combined experience and scholarly approach
Practice Areas: DUI, drug charges, domestic violence, sex crimes, theft, assault, professional license defense, civil asset forfeiture
Background: The six attorneys at Sammis Law Firm focus exclusively on criminal defense in the greater Tampa Bay area. The main office in downtown Tampa is just a few blocks from the courthouse. With over 50 years of combined experience, the attorneys provide the highest level of customer service. The firm takes a scholarly approach to litigating pre-trial motions. Active in the legal community, the attorneys are members of the National Association of Criminal Defense Lawyers (NACDL), the Florida Association of Criminal Defense Lawyers (FACDL), and the Hillsborough County Association of Criminal Defense Lawyers (HCACDL). The firm also handles disciplinary actions and civil asset forfeiture proceedings.
Location: 1005 N. Marion St., Tampa, FL 33602 (additional offices in New Port Richey and Clearwater)
Contact: Contact through website | https://criminaldefenseattorneytampa.com/
Consultation: Available for consultation
3. Metcalf Falls, Criminal Defense Attorneys, P.A.
Focus Area: Criminal defense with former prosecutor experience and focus on client service
Practice Areas: DUI, violent crimes, sex crimes, drug crimes, theft, assault, personal injury
Background: At Metcalf Falls, Criminal Defense Attorneys, P.A., the firm represents good people throughout the Tampa Bay area who have been accused of crimes. The firm provides straightforward, quality guidance in complicated legal situations and uses considerable courtroom experience to find solutions quickly. Attorney Brett Metcalf is a former prosecutor who can examine cases, explain what comes next, and work towards the best possible resolution. The firm credits its success to experience and focus on excellent client service. Attorney Brett Metcalf is a top-rated and award-winning criminal defense attorney in Tampa.
Location: Tampa, Florida (serves Hillsborough County)
Contact: (813) 258-4800 | https://www.hillsboroughdefense.com/
Consultation: Free consultation available
4. The Law Office of Daniel J. Fernandez, P.A.
Focus Area: Criminal defense with 43+ years experience and 500+ trial victories
Practice Areas: State criminal defense, federal criminal defense, drug crimes, sex crimes, violent crimes, DUI, theft
Background: Attorney Daniel J. Fernandez has over 43 years of experience providing relentless advocacy and strategic representation. He has been recognized as one of Tampa’s top criminal defense attorneys by Tampa Magazine’s Best Lawyers Edition. Attorney Fernandez has received more than 400 Google 5-Star Reviews and testimonials from satisfied clients. He has successfully defended over 500 clients in trial over the course of his career as a criminal defense and trial lawyer in Tampa. The firm handles cases in State and Federal Court, both in Florida and anywhere in the country. The criminal defense team is available in both English and Spanish.
Location: Tampa, Florida
Contact: (813) 229-5353 | https://www.djfernandezlaw.com/
Consultation: Available for consultation
5. Escobar, Michaels & Associates
Focus Area: Criminal defense since 1986 with 90+ years combined trial experience
Practice Areas: Drug charges, white-collar crimes, violent crimes, DUI, sex crimes, arson, federal crimes
Background: Since its founding in 1986, Escobar, Michaels & Associates has taken an aggressive, creative approach to each case. The attorneys, paralegals, and support staff thrive on winning for clients and stop at nothing in the quest for justice. The Tampa criminal defense lawyers have more than 90 years of combined trial experience and are always prepared to go to trial if that is the best way to achieve a just outcome. The lawyers have tried all types of cases, from relatively minor misdemeanor trials to complex, multidefendant, international criminal cases. The firm reviews every case thoroughly with the help of knowledgeable forensic investigators.
Location: Tampa, Florida (serves throughout Florida in state and federal courts)
Contact: (813) 513-0274 | https://www.escobarlaw.com/
Consultation: Free consultation available
Criminal Defense Laws in Florida
Felony Classifications
Florida classifies felonies into five degrees:
Capital Felony: First-degree murder and certain drug trafficking offenses. Penalty is death or life imprisonment without parole.
Life Felony: Includes sexual battery on a child under 12, kidnapping, and certain drug trafficking. Penalty is life imprisonment or imprisonment for a term of years not exceeding life with $15,000 fine.
First-Degree Felony: Includes aggravated battery, burglary with assault, carjacking, and arson. Penalty is up to 30 years imprisonment and $10,000 fine. Punishable by Life (PBL) first-degree felonies can result in life imprisonment.
Second-Degree Felony: Includes aggravated assault, robbery, sale of controlled substance, and burglary of unoccupied dwelling. Penalty is up to 15 years imprisonment and $10,000 fine.
Third-Degree Felony: Includes grand theft over $750, possession of controlled substance, battery on law enforcement officer, and fleeing police. Penalty is up to 5 years imprisonment and $5,000 fine.
Misdemeanor Classifications
First-Degree Misdemeanor: Includes DUI (first offense), petit theft (second offense), battery, and possession of marijuana (under 20 grams). Maximum penalty of 1 year in jail and $1,000 fine.
Second-Degree Misdemeanor: Includes petit theft (first offense), disorderly conduct, trespass, and loitering. Maximum penalty of 60 days in jail and $500 fine.
Record Sealing and Expungement
Florida distinguishes between sealing and expungement:
Sealing: The record is not destroyed but is hidden from public view. Law enforcement and certain agencies can still access sealed records. Generally available for charges that resulted in withhold of adjudication.
Expungement: The record is physically destroyed. More restrictive eligibility than sealing. Generally available for charges that were dismissed, resulted in acquittal, or were not filed.
Eligibility Requirements: Generally, you can only seal or expunge one arrest record in your lifetime. You must not have been adjudicated guilty of any criminal offense. Certain offenses (like sex crimes, violent crimes, and drug trafficking) are not eligible for sealing or expungement.
Waiting Period: You must wait 10 years after completion of sentence to petition for sealing of a withhold of adjudication.
DUI Laws
Florida DUI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). First offense carries up to 6 months jail (9 months if BAC over .15% or minor in vehicle), $500-$1,000 fine ($1,000-$2,000 if BAC over .15%), 180 days to 1 year license revocation, and 50 hours community service. Second offense within 5 years carries mandatory 10 days jail, up to 9 months jail, and 5-year license revocation. Third offense within 10 years is a third-degree felony. Florida has implied consent; refusal results in 1-year suspension (first) or 18 months (subsequent).
Frequently Asked Questions
Where is my case heard if I am arrested in Tampa?
Criminal cases in Tampa are heard in the Hillsborough County Courthouse complex. The George E. Edgecomb Courthouse at 800 E. Twiggs Street handles most criminal matters. Misdemeanor cases are typically heard in County Court, while felony cases are heard in Circuit Court. The specific division and courtroom depend on factors including the type of charge and case assignment. Tampa also has specialty courts including Drug Court, Veterans Court, and Mental Health Court that may handle eligible cases. Having a Tampa criminal defense attorney who regularly practices in Hillsborough County and knows the local judges, prosecutors, and court procedures provides a significant advantage.
What is Florida’s withhold of adjudication and how does it help me?
In Florida, a judge can “withhold adjudication” when you plead guilty or no contest. This means you are placed on probation but are not formally convicted. If you successfully complete probation, you avoid having a conviction on your record. This is significant because: you can truthfully answer “no” when asked if you have been convicted of a crime on most applications; you remain eligible to seal your record (after waiting period); and you avoid many collateral consequences of conviction. However, a withhold is not available for all offenses. Florida law prohibits withholding adjudication for certain charges including DUI and some serious felonies. A Tampa criminal defense attorney can negotiate for a withhold of adjudication where possible.
What is the Baker Act and how does it relate to criminal charges?
The Baker Act (Florida Mental Health Act) allows for involuntary psychiatric examination when a person may have a mental illness and appears to be a harm to themselves or others. Someone can be “Baker Acted” by law enforcement, certain medical professionals, or by court order. A Baker Act hold is technically civil, not criminal, and lasts up to 72 hours for evaluation. However, Baker Act and criminal charges often intersect. If someone commits a crime while experiencing a mental health crisis, they may be Baker Acted and later face criminal charges. The Baker Act examination may produce evidence relevant to criminal proceedings. A Tampa criminal defense attorney can evaluate whether mental health defenses apply and coordinate with the civil Baker Act process.
What are the consequences of a felony drug conviction for my driver’s license in Florida?
In Florida, drug convictions trigger automatic driver’s license suspension under Section 322.055, even if driving was not involved in the offense. For any drug conviction (possession, sale, trafficking), your license is revoked for 2 years for the first offense. Second offense results in 5-year revocation, and subsequent offenses result in permanent revocation. You may be eligible for a hardship license after 1 year. This administrative suspension is separate from any suspension ordered as part of your criminal sentence. The only way to avoid this automatic suspension is to have the charges dismissed, be acquitted, or successfully complete a court-ordered drug treatment program (for first-time possession offenses under certain circumstances). A Tampa drug crimes attorney can explore options to avoid conviction or qualify for treatment-based alternatives.
What is Florida’s Stand Your Ground law and how does it apply to criminal cases?
Florida’s Stand Your Ground law (Section 776.012-776.013) provides that a person has no duty to retreat before using force (including deadly force) in self-defense if they are in a place they have a right to be, are not engaged in criminal activity, and reasonably believe force is necessary to prevent death, great bodily harm, or the commission of a forcible felony. Unlike traditional self-defense, Stand Your Ground eliminates the duty to retreat before using force. If you claim Stand Your Ground, you can request a pretrial hearing where the judge determines whether the law applies. If the judge finds Stand Your Ground applies, the charges are dismissed. If not, the case proceeds to trial where self-defense remains available. A Tampa criminal defense attorney can evaluate whether Stand Your Ground applies and file the appropriate motion.