Jacksonville Criminal Defense Attorney Blog

Multiple Charges & The Merger Doctrine. Generally, whether or not certain acts constitute a “crime” depends upon the criminal code in the jurisdiction. For example, there are both federal and state or local laws that codify what is and is not a crime; the seriousness of the prohibited acts (felony or misdemeanor); and the punishment that may attach to each crime (fines and/or incarceration in a jail or prison). Not surprisingly, there are differences between what the federal government says is a crime and what the state or local governments identify as crimes. Each governmental entity can charge a person with a violation of its criminal statutes or municipal ordinances and prosecute them. In Northeast Florida, at Wood, Atter & Wolf, P.A., we are primarily concerned with criminal actions in the Florida state courts: Circuit Courts handle felony charges (such as murder; sexual battery; burglary; grand theft; dealing in stolen in property; and dealing in drugs, to name a few) and County Courts handle misdemeanor and municipal ordinance violations (such as DUI; trespass; petit theft; and prostitution, as several examples).
What happens, however, if there are multiple, but related charges in state court, with at least one of them a felony and one of them a misdemeanor? At common law (laws developed by judges through decisions of courts rather than through legislative statutes), if a person engaged in conduct constituting both a felony and a misdemeanor, that person could be convicted only of the felony. The misdemeanor merged into the felony – this is known as the Merger Doctrine.
Under modern criminal law, the Merger Doctrine no longer applies in most cases. On the other hand, in certain scenarios, remnants of the Merger Doctrine survive. For example, if one is charged soliciting the commission of a crime and with the actual completion of the crime itself, then you cannot be convicted of both. This would also be true with “attempt charges.” By way of example, if one were charged with Attempted Grand Theft, if the person charged took affirmative acts to commit the theft, but did not complete the theft, then a valid charge of “Attempted Grand Theft” would apply. But, if the actions taken included the actual grand theft, then this person could not be convicted of both the “attempt” and the “completion” of the crime. Why? The Merger Doctrine.
What about “Conspiracy” to commit a crime? For purposes of the Merger Doctrine, is it treated the same way as “solicitation” and “attempt? No, it is not The Merger Doctrine does not apply to conspiracy. Therefore, a person can be convicted of both robbery and conspiracy to commit robbery. Florida conspiracy is found under Section 777.04 - Attempts, solicitation, and conspiracy.
If confronted with charges of both “Conspiracy to Commit” a particular crime and also the underlying crime itself, you will not find a safety net from the Merger Doctrine. That is not to say, however, that there are no defenses to the “conspiracy” charge, even if the evidence establishes that you conspired with one or more persons to commit an offense. Pursuant to Section 777.04, it is a defense to a charge of criminal conspiracy, that the person charged completely and voluntarily renounced the criminal purpose, persuaded the other person or persons not to commit the offense or otherwise prevented the commission of the previously-agreed-to crime. The reasons for this are many, but the most obvious is that it is good public policy to encourage the renunciation of an agreement to commit a crime (or to outright prevent its commission altogether).
If you have been criminally charged, it is wise to seek the representation of a Criminal Law Attorney. Contact Wood, Atter & Wolf, P.A., to speak with a Florida Criminal Lawyer.

Crimes in Florida are defined by Florida Statutes. The statutes provide definitions of the crimes, such as robbery, and the elements of the crime that must be proven by the State in order to find the charged individual guilty of the crime. Each element of a crime must be proven by the State, or supported by evidence to support the crime charged and to support the State’s effort to get a guilty verdict from a jury. The more evidence showing that the charged individual committed the crime, the more likely the accused will want a plea agreement. The evidence may show that the robbery is committed is a first-degree felony and the accused may want to plea to a lesser offense to avoid the penalties associated with a first-degree felony. Knowing whether the crime charged is a felony or misdemeanor, and what level or degree, may be vital to the accused making decisions regarding his or her defense.

The crime of robbery has many different elements than can be proven to change the offense that may be charged, such as a first-degree felony or less. Florida Statute 812.13 defines the crime of robbery, but then divides the possible charges based on different elements committed with the crime such as follows:

1. If the accused carried a firearm (e.g. gun) or other deadly weapon (e.g. knife) when the robbery was committed, then the robbery is a felony in the first degree.
2. If the accused carried a weapon (e.g. a bat) during the robbery, then the robbery is a felony in the first degree. So, carrying a bat or the gun carries the same punishment under the Florida laws.
3. If there was no firearm, deadly weapon, or weapon of any kind used while committing the robbery, then the robbery is a felony in the second degree.

Each level of the felony has a different punishment associated with it. A first-degree felony is punishable by a term in prison that does not exceed a life sentence, Florida Statute 775.082(3)(b) (2011). A second-degree felony is punishable by imprisonment not exceeding 15 years, Florida Statute 775.082(3)(c) (2011). That is why an accused may want a plea agreement that reduces the charge from a first-degree felony to a second-degree felony.

A criminal lawyer would be able to assess the case and determine what the best course of action would be and can assist the accused in making a decision on how to defend the charges.

The crime of robbery in Florida is not only defined by Statute, but the elements of the crime are laid out within the definition itself. When a crime is committed, the police are responsible for investigating the crime and determining whether a) a crime has been committed; b) what crime has been committed; c) whether the evidence leads to suspect; d) whether the evidence is enough to actually charge and hold the suspect; and 3) arresting and charging the suspect with the crime. It is then up to the State Attorney to determine if the elements of the crime charged by the police are provable with the evidence that has been collected and the State may amend or change the charge accordingly.

The elements of the crime of robbery in Florida are established through the definition of robbery, but understanding the elements is vital to understanding how you may be charged with the crime. Florida Statute 812.13 provides for the following elements to be proven:

1. The taking of money or other property (i.e. jewelry) that belongs to someone else;
2. Taking the money or property from the owner or someone who has custody of the property;
3. When taking the property, the intent is to keep the property or money permanently or temporarily from its owner; and
4. When the money or property was taken from its owner or custodian, that there was a use of force; violence (e.g. hitting the owner); assault (e.g. holding up a fist and giving the victim reason to believe she/he would be hit); or instilling fear (i.e. the mere act of taking from another could instill fear).

The State is responsible for proving that all elements of the crime have been proven in order for a jury to convict the charged individual. However, the accused is entitled to a defense to create doubt that the robbery was committed beyond a reasonable doubt. The State is responsible for presenting evidence to the jury to establish that the crime was committed, that the accused is the one that did it and that all elements of the crime are met. The State is responsible for proving all of these elements beyond a reasonable doubt and creating doubt in the mind of the jurors is imperative to overcome the charges.

A criminal lawyer can help you in defending against the crime of Robbery to a jury, but can also work at keeping the case from the jury by working for a plea agreement with the State before pursuing a trial.

Committing a crime, like robbery, in Florida, if and when caught, has multiple elements from the time of arrest to the time of a trial. First, the police have to determine, through their investigation, what crime has actually been committed that you can be will be charged with. Once the police make the determination at the time of arrest, the State Attorney’s office reviews the charges and determines what can be actually be prosecuted and charged in the criminal court. Then, your criminal defense attorney may ask the State if there is a lesser charge to which you can plea to before going to trial.

Understanding the crime charged is important to all aspects, including the definition of robbery. Robbery is defined by Florida Statute 812.13(1) as, “…the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

If you have been charged with robbery, then a Florida criminal defense attorney is able to develop a defense to the criminal charges brought against you.

Florida crime charges can have multiple levels determining on the level of the crime committed, such as robbery vs. armed robbery. Criminal charges are brought based on the crime committed and often, whether there was weapon of some sort used to commit the crime. The most common use of a weapon used when committing a crime is a gun or firearm, which can significantly impact how the crime is prosecuted by the State Attorney’s office.

Using a Firearm in Florida can change the charges brought against the accused, so understanding how Florida law defines a firearm is important. Florida Statute 790.001 (6) defines a firearm as, “…any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”

If you have been charged with a crime involving a firearm you should speak with a criminal law attorney to determine what your possible defenses to the charges could be.