Gainesville Criminal Defense Lawyer

Providing the Highest Quality of Criminal Legal Defense in Gainesville, Statewide and Nationwide

With an arrest for a drug crime, sex crime or other criminal offense, your life can change in an instant. With so much at stake, nothing is more important than getting the help of a skilled, knowledgeable and experienced criminal defense attorney who can discuss your options with you and provide a strong defense to get you the best outcome possible. Gilbert Schaffnit is a Gainesville criminal defense lawyer with more than 40 years of experience who has devoted his legal practice for more than 30 years to the representation of individuals charged with criminal violations in Alachua County and across the state of Florida.

We zealously fulfill our role as your attorney by mounting an effective challenge to all physical evidence and testimony in your case. We work with you from the very start, even pre-arrest in some situations, to achieve a reduction or dismissal of charges, to gain an acquittal or not guilty verdict, or to secure probation or another positive outcome in your case. Additionally, Gilbert Schaffnit can serve as your advocate before the public or the press in sensitive, controversial or highly-publicized legal matters. You will find our attorney and staff at all times eager to approach you and your case in a respectful, non-judgmental and completely confidential manner.

The Law Offices of Gilbert A. Schaffnit provides advice and representation across the full range of Florida and federal criminal charges, including all of the following:

• Drug Crimes – Helping you avoid stiff mandatory prison sentences and steep fines for possession, trafficking, sale or distribution of marijuana, cocaine, heroin or other controlled substances
• Violent Crimes – Fighting prosecutors seeking tough sanctions for assault and battery, homicide, murder, manslaughter, and other violent crimes
• Sex Crimes – Sensitive and compassionate help for those accused of sexual assault, sex offenses involving minors, computer and Internet sex crimes, child pornography, and more. Our office is additionally well-informed in the procedures for avoiding or dealing with sex offender registration.
• Theft Crimes – Handling the full range of theft and property crimes, from first-time shoplifting mistakes to accusations of grand theft auto, robbery and burglary
• Weapons Charges – Firearms violations may be standalone offenses or serve to enhance sentences and the serious nature of other offenses. We know the laws and what is at stake in the face of weapons offenses.
• White Collar Crime – Providing knowledgeable and effective defense in cases alleging healthcare fraud, computer crimes, identity theft, money laundering, Internet pharmacy prosecutions and more
• Juvenile Offenses – We put more than 40 years of experience representing juvenile defendants to work in protecting your child’s rights and helping to keep them in school and out of custody. We additionally represent students at the University of Florida and other institutions statewide charged with sex offenses or facing campus disciplinary proceedings.
• DUI – A DUI arrest in Florida puts both your freedom and your driving privileges at risk. We challenge the traffic stop, field sobriety testing, and chemical test results to pursue the best possible outcome in your case.
• Domestic Violence – Domestic violence charges in Florida carry serious criminal penalties and can result in restraining orders, loss of firearm rights, and lasting damage to your reputation. We provide aggressive defense from the moment charges are filed.
• Probation Violations – Being found in violation of probation can lead to the imposition of your original sentence along with additional jail time or other penalties. We provide strong defense in hearings on probation violations, and also represent probationers seeking a modification of their probation terms as needed.
• Sealing or Expungements – Dealing with a criminal record after an arrest or conviction is essential to being able to move on with your life. Our office fully understands Florida statutes on sealing and expungement and can help you through the complicated process of clearing your record.
• Sex Offender Registry Removal – Many individuals may qualify for removal from the Registry after a certain number of years. We file Petitions with the Court to have eligible individuals removed from the Sex Offender Registry.
• Postconviction Relief – There are a number of methods to get relief after a person has been convicted and sentenced. We file Postconviction Relief Motions with the Court to challenge a person’s conviction or sentence.

40 Years of Criminal Defense Experience in Gainesville

Experience in criminal defense is not just a number of years in practice. It is the accumulation of thousands of client interactions, hundreds of courtroom appearances, and a deep familiarity with the judges, prosecutors, and procedures that shape outcomes in the Eighth Judicial Circuit. Gilbert Schaffnit has spent more than four decades building that knowledge, and he has devoted the last 30 years of his career exclusively to criminal defense. That focus matters. An attorney who handles criminal cases alongside unrelated practice areas cannot develop the same depth of understanding of Florida criminal law, constitutional rights, and courtroom strategy that comes from dedicating an entire career to this single discipline.

Gilbert Schaffnit handles cases personally. Clients are not handed off to junior associates or paralegals to manage their defense. When you call our office, you speak with the attorney who will be representing you. That level of direct access and personal attention is rare in criminal defense, and it makes a real difference in the quality of representation you receive at every stage of your case.

Defending Your Constitutional Rights in Alachua County

Every person accused of a crime in Florida is protected by constitutional guarantees that the government must respect. The Fourth Amendment protects against unlawful searches and seizures. The Fifth Amendment protects against self-incrimination. The Sixth Amendment guarantees the right to counsel and to confront witnesses. When law enforcement or prosecutors violate these rights, the evidence and statements obtained as a result may be suppressed, and in many cases that suppression is enough to cause the state’s case to fall apart entirely.

Gilbert Schaffnit approaches every case by examining law enforcement conduct from the very beginning. Was the traffic stop legally justified? Did police have probable cause or a valid warrant before searching your home, vehicle, or person? Were Miranda rights properly administered before any questioning? Were identification procedures conducted fairly? These are the questions that separate a passive defense from an aggressive one, and they are the questions our office asks in every single case we take on.

Gainesville Drug Crime Defense

Drug charges are among the most common criminal cases in Alachua County, and they are also among the most aggressively prosecuted. Florida law imposes mandatory minimum prison sentences for many drug offenses, particularly those involving trafficking quantities, which are triggered by the weight of the substance regardless of whether the defendant was personally involved in distribution. A charge of drug trafficking can result in a mandatory minimum of three years in prison for a first offense involving certain substances, and sentences escalate sharply from there.

Our firm defends the full range of drug charges, from marijuana possession and cocaine possession to prescription drug fraud and federal drug charges. We challenge the legality of the search that produced the evidence, the chain of custody for the substances seized, and the accuracy of lab testing. In many cases there are viable defenses that are only visible to an attorney with genuine experience in Florida drug law.

Violent Crime and Weapons Defense

Violent crime charges in Florida carry some of the harshest penalties in the state criminal code. Florida’s 10-20-Life law mandates minimum prison sentences for certain crimes committed with a firearm, and prosecutors in Alachua County pursue these enhancements aggressively. A conviction for robbery with a firearm carries a mandatory 10-year minimum. Discharging a firearm during a felony triggers a 20-year minimum. Causing death or serious bodily injury mandates a minimum of 25 years to life.

Gilbert Schaffnit defends clients against the full range of violent crime accusations, including assault and battery, domestic violence, stalking, kidnapping, homicide, and weapons offenses. Florida’s Stand Your Ground law also provides a potential defense in cases involving the use of force, and our firm is well-versed in filing and litigating Stand Your Ground immunity motions. When self-defense is a viable theory, we pursue it aggressively.

Sex Crime Defense and Sex Offender Registry Issues

A sex crime accusation is among the most serious situations a person can face. The social stigma alone can be devastating before a single piece of evidence is tested in court, and a conviction carries consequences that extend far beyond any prison sentence. Florida’s sex offender registration requirements impose strict restrictions on where a registered individual may live and work, and failure to comply with those requirements is itself a felony offense.

Our firm handles sex crime defense with the sensitivity these cases require while mounting a thorough and aggressive challenge to the state’s evidence. We defend clients against charges ranging from sexual assault and offenses involving minors to internet sex crimes and child pornography allegations. We are also one of the few firms in the Gainesville area with extensive experience in sex offender registry removal petitions, having successfully represented clients seeking to have their names removed from the registry after satisfying the required eligibility criteria.

White Collar Crime and Fraud Defense

White collar criminal charges carry serious consequences including federal prosecution, substantial prison sentences, and financial penalties that can wipe out a lifetime of savings. These cases are often built on voluminous documentary evidence, financial records, and the testimony of cooperating witnesses, and defending them requires an attorney who can navigate complex financial and legal terrain. Our Gainesville fraud defense lawyer represents clients facing charges including healthcare fraud, insurance fraud, embezzlement, forgery, identity theft, and money laundering. We work to challenge the government’s evidence at every turn and to identify weaknesses in the prosecution’s theory of the case before trial.

DUI Defense in Gainesville

A DUI arrest in Florida triggers two simultaneous proceedings: a criminal case and an administrative action by the Florida Department of Highway Safety and Motor Vehicles seeking to suspend your driver’s license. You have only ten days from the date of your arrest to request a formal review hearing to contest the administrative suspension, making it critical to contact an attorney immediately. Our Gainesville DUI lawyer handles both proceedings in parallel, challenging the legality of the traffic stop, the administration of field sobriety tests, and the reliability of breathalyzer and blood test results. Even a first-offense DUI conviction in Florida can result in fines, probation, license suspension, required ignition interlock installation, and potential jail time. We fight to protect both your freedom and your ability to drive.

Juvenile Defense and University of Florida Student Defense

Young people facing criminal charges have unique needs that require a lawyer who understands both the juvenile justice system and the long-term consequences a criminal record can have on education, employment, and professional licensing. Our Gainesville juvenile crime lawyer works to protect your child’s rights and future, pursuing diversion programs, reduced charges, and outcomes that keep young people out of the adult criminal system whenever possible.

Gainesville is home to the University of Florida, and students arrested on or near campus face a dual challenge: criminal prosecution in the Eighth Judicial Circuit and potential disciplinary action through the university’s conduct process. Our student defense lawyer represents UF students and students at other Florida institutions in both proceedings simultaneously, protecting their academic standing while defending against the underlying criminal charges.

Clearing Your Record After an Arrest or Conviction

A criminal record follows you into background checks for employment, housing, professional licensing, and education. Florida law provides mechanisms to address that record in certain circumstances, and our office helps eligible clients take full advantage of them. Record sealing restricts public access to your criminal history while expungement results in its physical destruction, giving you the ability to lawfully deny the arrest or charge in most situations. Eligibility depends on the nature of the offense, the disposition of the case, and your prior criminal history. Our Gainesville sealing and expungement lawyer guides clients through the entire process, from eligibility assessment through the court filing and final order.

For those convicted and sentenced, a criminal case does not necessarily end at the courthouse door. Our Gainesville post-conviction lawyer files motions challenging convictions and sentences on grounds including newly discovered evidence, constitutional violations, and ineffective assistance of counsel. We also represent clients before the First District Court of Appeal in direct appeals of criminal convictions originating in Alachua County.

Frequently Asked Questions About Criminal Defense in Gainesville

What should I do immediately after being arrested in Gainesville?

Remain calm, do not resist, and do not answer any questions beyond providing your basic identifying information. Invoke your right to remain silent and your right to an attorney clearly and out loud, then stop speaking until you have counsel present. Do not discuss your case with anyone in custody, as conversations in jail are frequently recorded. Call the Law Offices of Gilbert A. Schaffnit as soon as you are permitted to make a phone call. We are available 24 hours a day, seven days a week.

How does the criminal court process work in Alachua County?

After an arrest, you will appear before a judge for a first appearance, typically within 24 hours, where bail is set. Misdemeanor cases are heard in Alachua County Court, while felonies are handled in the Eighth Judicial Circuit Court. The process moves through arraignment, pre-trial motions, discovery, potential plea negotiations, and if no resolution is reached, trial. Pre-trial motions are a critical stage where skilled defense attorneys can often suppress evidence or have charges reduced or dismissed before the case ever reaches a jury.

Can charges be dropped before the case goes to trial?

Yes, and it happens more often than many people realize. Charges can be dropped or reduced through successful pre-trial motions to suppress evidence, through negotiations with the State Attorney’s Office, through completion of a diversion program, or because the state’s evidence is insufficient to proceed. Gilbert Schaffnit begins evaluating dismissal and reduction strategies from the moment he is retained, well before any trial date approaches.

What is the difference between a misdemeanor and a felony in Florida?

Misdemeanors are punishable by up to one year in county jail. Felonies carry more than one year in state prison, with penalties escalating by degree. Third-degree felonies carry up to five years, second-degree felonies up to fifteen years, and first-degree felonies up to thirty years or life. Capital felonies can result in life imprisonment or the death penalty. The classification of the charge also determines which court handles your case and the long-term collateral consequences you face.

What happens at a probation violation hearing in Florida?

At a violation of probation hearing, the state only needs to prove the violation by a preponderance of the evidence rather than beyond a reasonable doubt, which is a significantly lower standard than at a criminal trial. You also do not have the right to a jury. The judge alone decides whether a violation occurred and what sentence to impose, which can include the original sentence for the underlying offense plus additional penalties. Strong legal representation at these hearings is essential.

How long does it take to seal or expunge a criminal record in Florida?

The process typically takes several months from start to finish. It begins with obtaining a certificate of eligibility from the Florida Department of Law Enforcement, which alone can take six to eight weeks. A petition must then be filed with the court, and a hearing may be required. Our office manages every step of the process and keeps clients informed throughout so there are no surprises.

Does Gilbert Schaffnit handle cases outside of Gainesville?

Yes. While the firm is based in Gainesville and handles the majority of its cases in Alachua County and the Eighth Judicial Circuit, Gilbert Schaffnit represents clients in criminal matters throughout the state of Florida and in federal courts nationwide. He is also available to represent clients in pre-arrest situations, including those under investigation before any charges have been filed.

Serving Clients Throughout Gainesville and Alachua County

The Law Offices of Gilbert A. Schaffnit represents clients throughout Gainesville and every corner of Alachua County, including the communities of Archer, Alachua, High Springs, Newberry, Hawthorne, Micanopy, Waldo, and LaCrosse. Whether you were arrested near the University of Florida campus, in the Five Points neighborhood, along the Archer Road corridor, in the Haile Plantation area, near Tioga Town Center, or anywhere else in Alachua County, our office is ready to represent you. We appear regularly in the Alachua County Criminal Justice Center on Southeast Second Street and are deeply familiar with the judges, prosecutors, and procedures that govern cases in this courthouse.

We also handle cases throughout the state of Florida and in federal courts across the country, and we are available to represent clients in pre-arrest matters, grand jury proceedings, and federal investigations before any charges are formally filed. No matter where your case stands or how complex the situation, you will receive the same thorough, experienced, and personally attentive representation that Gilbert A. Schaffnit has delivered to clients for more than four decades.

For a confidential consultation, call the Law Offices of Gilbert A. Schaffnit at 352-505-1799. We are available 24 hours a day, seven days a week, and we are ready to go to work on your defense today.