Top Tier Criminal Defense Attorneys in Gainesville

Get experienced legal protection from criminal defense attorneys Gainesville residents have trusted for over 70 years.

GET A FREE CASE REVIEWSe habla español

This field is for validation purposes and should be left unchanged.

By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.

Criminal Defense Attorney Gainesville Residents Trust

Facing a criminal charge is something you probably never thought you’d have to do. We can sympathize. A conviction can affect your freedom, your record, and your reputation.

You don’t have to face it alone. An experienced criminal defense attorney that Gainesville residents rely on can step in immediately to protect your rights and start building your defense.

Call today at 800-654-4659 for a confidential consultation and take the first step toward protecting your future.

Police arresting a man
Criminal Defense in court

Types of Criminal Cases We Handle

DUI / DWI Defense

A DUI charge in Florida carries serious consequences even for a first offense — including license suspension, fines, mandatory classes, and potential jail time. Repeat offenses or DUIs involving injuries can result in felony charges with significantly harsher penalties. At Avera & Smith our criminal defense attorneys understand how DUI cases are built by prosecutors and where they can be challenged — from the legality of the traffic stop to the accuracy of breathalyzer and field sobriety tests. We fight to protect your driving privileges, your record, and your future.

Drug Crimes

Florida has some of the strictest drug laws in the country and the penalties for drug offenses can be severe — ranging from misdemeanor possession charges to felony trafficking charges carrying mandatory minimum prison sentences. The type of substance, the quantity involved, and whether there is evidence of intent to distribute all play a significant role in how a drug case is charged and prosecuted. Our attorneys examine every aspect of your case including how the evidence was obtained, whether your constitutional rights were violated during the search or arrest, and what defense strategies are available to you.

Theft & Robbery

Theft and robbery charges in Florida cover a wide spectrum — from petty theft misdemeanors to armed robbery felonies carrying decades in prison. The value of what was allegedly taken, whether force or a weapon was involved, and your prior criminal history all affect how the charge is classified and what penalties you face. Avera & Smith's criminal defense attorneys build thorough defenses for clients facing all levels of theft and robbery charges, challenging the evidence and fighting for the best possible outcome in your case.

Violent Crimes (Assault, Battery, etc.)

Violent crime charges including assault, battery, aggravated assault, and aggravated battery are taken extremely seriously by Florida prosecutors and can result in significant prison time depending on the circumstances. Florida's 10-20-Life law imposes mandatory minimum sentences when a firearm is involved in a violent offense. These cases often come down to witness credibility, physical evidence, and the specific facts of what happened — and having an experienced trial attorney who knows how to challenge that evidence is critical. Avera & Smith is prepared to fight aggressively on your behalf.

White Collar Crimes & Fraud

White collar crime charges including fraud, embezzlement, identity theft, money laundering, and forgery can result in significant prison sentences, substantial fines, and permanent damage to your professional reputation. These cases are often built on complex financial records and documentary evidence and require an attorney with the experience and resources to analyze that evidence carefully and challenge the prosecution's narrative. Avera & Smith provides strategic, thorough defense for clients facing white collar criminal charges throughout Florida.

Internet & Computer Crimes

Internet and computer crime charges — including cyberstalking, online fraud, unauthorized computer access, and possession or distribution of illegal digital content — are prosecuted aggressively in Florida and carry serious penalties. These cases often involve complex digital evidence and require an attorney who understands both the legal and technical dimensions of the charges. Our criminal defense attorneys work with qualified experts to challenge digital evidence and build the strongest possible defense for our clients.

Juvenile Offenses

When a minor is charged with a criminal offense in Florida the stakes are high, not just for their immediate future but for their long-term opportunities in education, employment, and life. Florida's juvenile justice system operates differently from the adult system, and the goal is ideally rehabilitation rather than punishment, but serious offenses can result in a juvenile being tried as an adult. Avera & Smith's attorneys understand the juvenile justice process and fight to protect young clients' futures, pursuing the least damaging outcome possible given the circumstances of each case.

Why Choose Avera & Smith for Your Criminal Defense

Choosing the right criminal defense attorney is one of the most consequential decisions you will make. At Avera & Smith we bring the same level of preparation, dedication, and proven results to criminal defense that we bring to every case we handle.

A&S GOAT Team

70+Years  of Experience

Since Bill Avera opened his practice in Gainesville more than 70 years ago, Avera & Smith has built a reputation for aggressive, ethical, and effective legal representation. Our criminal defense attorneys have appeared before Gainesville's local courts and judges for decades — and that familiarity with the Eighth Judicial Circuit gives our clients a meaningful advantage.

Board Certified Trial Attorneys Partners

Partners Mark Avera and Jennifer Cates Lester hold board certification in civil trial law from the Florida Bar — a distinction earned by fewer than 5% of Florida's licensed attorneys. Board certified trial attorneys have demonstrated expertise, peer evaluation, and a proven record of success in the courtroom. That experience matters when your freedom is on the line.

No Surprises on Fees

We believe every person facing a criminal charge deserves to know exactly what their legal representation will cost. At Avera & Smith we are transparent about our fees from the first consultation, so you can focus on your defense rather than worrying about unexpected costs.

A Reputation Prosecutors Know

Avera & Smith has been a fixture in Gainesville's legal community for over 70 years. Our attorneys are known, respected, and taken seriously by the prosecutors and judges they face — and that reputation directly benefits our clients at every stage of a criminal case.

We Prepare Every Case for Trial

Insurance companies and prosecutors alike take cases more seriously when they know the other side is prepared to go all the way. At Avera & Smith we build every criminal defense case as if it's going to trial from day one — because that preparation is what gives us leverage at every earlier stage of the process, whether we're negotiating a reduction, seeking a dismissal, or standing before a jury.

Meet the attorneys that fight for you.

Meet the Attorneys Who Fight for You

Behind every successful case is a team that knows how to take on insurance companies and deliver results. At Avera & Smith, our attorneys bring decades of experience, proven outcomes, and a reputation that demands respect. 

Lawyer meeting with client

Frequently Asked Questions

Should I talk to the police after I've been arrested?

No. You have the right to remain silent, and you should use it. Politely tell law enforcement that you are invoking your right to remain silent and that you want an attorney. Do not try to explain your side of the story, deny the charges, or answer questions without a lawyer present — even if you believe it will help your case. Anything you say during that conversation can be used against you in court, and statements made under stress are frequently misinterpreted or taken out of context. Wait for your attorney.

How quickly do I need to contact a criminal defense attorney after an arrest in Gainesville?

As soon as possible — ideally before you say anything to law enforcement. The early stages of a criminal case are often the most critical. Evidence can be lost, witnesses' memories fade, and procedural mistakes by law enforcement that could benefit your defense are easiest to identify and challenge early. The longer you wait, the fewer options your attorney may have. At Avera & Smith, we offer free consultations and are available to take your call. Don't wait to see how things unfold — reach out immediately.

Do I really need a criminal defense attorney for a first offense?

Yes — even for a first offense. Florida courts take criminal charges seriously regardless of your prior record, and a conviction can follow you for life through your criminal record, affecting employment, housing, and professional licenses. An experienced criminal defense attorney can often negotiate reduced charges, alternative sentencing, or in some cases get charges dismissed entirely.

Does being released from jail mean the charges are dropped?

No. Being released on bail or on your own recognizance simply means you are free while your case proceeds — it has no bearing on whether the charges against you stand. The prosecution continues building its case whether you are in custody or not.

What are the penalties for drug crimes in Florida?

Drug crime penalties in Florida vary significantly depending on the type of substance, the amount, and whether there is intent to distribute. Possession of a small amount of marijuana is a misdemeanor, while possession of cocaine, heroin, or larger quantities of any controlled substance can result in felony charges carrying years in prison. Florida also has mandatory minimum sentencing laws for certain drug offenses, which is why having a knowledgeable drug crimes defense attorney in Gainesville is critical — the right defense strategy can mean the difference between prison and probation.

How serious are assault and sex offense charges in Florida?

Extremely serious. Assault and battery charges in Florida range from misdemeanors to first-degree felonies depending on the circumstances, while sex offense convictions can result in mandatory registration as a sex offender — a consequence that affects where you can live, work, and travel for the rest of your life.

Speak With a Criminal Defense Attorney Today

If you’re facing criminal charges, time matters. The sooner you have an attorney on your side, the more options you may have.

Avera & Smith is here to help you understand your situation, protect your rights, and move forward with a clear plan.

Call today at 352-372-9999 or contact us online to schedule a confidential consultation.

GET A FREE CASE REVIEWSe habla español

This field is for validation purposes and should be left unchanged.

By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.

Helpful Information

View helpful articles and videos to educate and guide you after an accident.