If you have been charged with unlicensed contracting in the state of Florida, you are looking at some potentially heavy charges. In most cases, an unlicensed contracting charge is a first degree misdemeanor, accompanied with the possibility of up to one year in jail and a $1,000 fine. Tampa construction attorneys knows that the charges listed above are typically reserved for just first time offenders. If the accused has already been previously convicted of unlicensed contracting, the penalties will be much more severe. The charges can then be as serious as a third degree felony, accompanied with up to five years in prison, five years of probation, and a $5,000 fine. In this article we will discuss the possible defenses that can be used to contest a charge of unlicensed contracting in Florida.
Evidentiary and Factual Defenses
Evidentiary and factual defenses are a big problem for the prosecution. In the scenario that a contractor (the defendant) is charged with unlicensed contracting, there will usually be a factual dispute to see if it can be proved that the victim was shown a false license. Another thing the prosecution must prove is that the defendant actually performed any contracting duties and if they allegedly engaged in contracting or acted as a contractor. If an attorney can prove that the alleged contracting was more limited in scope, or if a factual dispute can be raised on the issue, this can provide a complete defense to the charge.
In the construction industry, a technical defense will be used in an unlicensed contracting case because most inexperienced prosecutors are unaware of how to prove the defendant was indeed unlicensed or unregistered. The task of proving the nonexistence of licensure or certification is extremely challenging for a prosecutor with no experience, and the State will be prevented from proving every element of the offense if the defense is unable to raise property evidentiary objections.
Why Hire a Tampa Construction Attorney for a Unlicensed Contracting Case?
When it comes to unlicensed contracting cases in the state of Florida, a Tampa construction attorney is essential. Defendants have been known to plead to the charge just to avoid the costs of a lawyer, but that is not worth the cost of potential jail time and hefty fines.
To speak with one of our Tampa construction lawyers or for more information on our construction review and drafting services, please contact our office at 813.579.3278 or submit our consultation request form to request a consultation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.