FISH AND WILDLIFE OFFENSES

Orlando Fish and Wildlife Offenses Defense Attorney

According to Florida Statute 379.401 Fish and Wildlife Offenses pertain to four levels of violations against fish and wildlife conservation. Common Fish and Wildlife Offenses include fishing/hunting with out permit or license, importing, harassing, or killing endangered species, manatee zone boating violations, harvesting coral and damaging reefs, out-of-season fishing/hunting, poaching, fishing/hunting more than legal limit of specific species, and fishing/hunting on a suspended license. The list goes on, and it become important to know the details of what is and is not allowed in the world of fish and wildlife conservation.

Penalties

The crime of Fish and Wildlife Offenses are numerous and carry with them an array of penalties, based largely on the level the violation falls within. In general the penalties are:

  • Level One Offenses
    • Improper or lack of a proper license
      • First violation: $50 and the cost of license/permit
      • Second violation: $250 and the cost of license/permit
      • Third violation (if within 3 years): $250 penalty

*If a person fails to pay the penalty, the person will be charged with a second-degree misdemeanor, which is punishable by up to 60 days in jail and $500 fine.

  • Level Two Offenses
    • Violation of the Fish and Wildlife Commission Enactment (FWCE)
      • If a person has not committed a Level Two Offense in 3 years, the violation of FWCE will be a second-degree misdemeanor.
      • If a person has committed a Level Two Violation in the last 3 years, the violation of FWCE will be a first-degree misdemeanor, punishable by up to a year in jail and $1000 fine.
  • Level Three Offense
    • Prohibited sale, transfer and/possession of wildlife
      • If a person has not committed a Level Three Offense in the past 10 years, the violation will be a first-degree misdemeanor.
      • If a person has committed a Level Three Offense in the past ten years, the violation will be a first-degree felony (up to 30 years in prison/probation and $10,000 fine) with an additional punishment of $750 fine and recreational license suspension for 3 years.
  • Level Four Offense
    • Pertains to a group of prohibited actions that are considered especially egregious violations of Florida Fishery and Wildlife
      • Third-degree felony, punishable by up to five years in prison and $5,000 fine.

Possible Defenses

Fish and Wildlife Offense charges can be combated by a number of defenses that will be determined suitable for each case, based on that cases facts and circumstances.

SERCOMBE LAW

If you find yourself standing accused of Fish and Wildlife Offenses you need to be sure you have a good lawyer on your side. Facing Fish and Wildlife Offense charges, especially in Florida, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.