Jacksonville Criminal Defense Attorney Blog

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.

Michael Jackson’s doctor, Conrad Murray, M.D., has been found guilty of involuntary manslaughter. The State presented evidence, through multiple witnesses that told the story of Michael Jackson’s death and the role played by Dr. Murray that led to his demise. The story presented by the State to the jury was one of an insomniac ridden Jackson who put his trust into Dr. Murray, who used the anesthetic propofol in high doses without proper safeguards and with inadequate supervision. The combination of Dr. Murray’s along with his failure to communicate all of Michael Jackson’s medications to the treating physicians at the emergency room caused, according to the jury, the death of the King of Pop.

Dr. Conrad Murray was tried and found guilty of involuntary manslaughter in a California Court. The State had to prove that Murray’s actions met California’s legal definition of Penal Code 192(b), involuntary manslaughter, which is the unlawful killing of another that take place

1. during the commission of an unlawful act (not amounting to a felony), or
2. during the commission of a lawful act which involves a high risk of death or great bodily that is committed without due caution or circumspection. (i.e. injecting high levels of medications without proper supervision)

Continue reading "Dr. Conrad Murray Guilty of Michael Jackson's Death: A Florida Criminal Law Perspective" »

Florida criminal laws and punishments are dictated by Florida Statute. In Florida, a crime, like theft, is investigated by a police, such as the Jacksonville Sheriff’s Office so that they can find evidence that matches the crime charged, such as Grand Theft in the Second Degree. Once that information and evidence is collected, the State Attorney’s Office then makes a decision to file formal charges against the accused. For the crime of Grand Theft in the Second Degree, the information collected must support a claim that the property stolen is worth more than $20,000 and less than $100,000; or is cargo put into the stream of commerce (i.e. a shipment of widgets) that is valued at less than $50,0000; or the property is emergency medical equipment with a value of $300 or more; or the property is law enforcement equipment valued at $300 and taken from an actual emergency vehicle. (Florida Statute 812.014(b))

If these the evidence seems to support the charge of Grand Theft in the Second Degree, then the accused can be charged with the crime, which is a Felony in the 2nd Degree. The maximum penalties associated with the crime are also defined by Florida law and there are prison and fine penalties that can result if convicted of the crime. For a first offense, the maximum prison sentence of a 2nd Degree Felony is a term not exceeding 15 years, Florida Statute 775.082(3)(c) and the maximum fine that can be imposed is $10,000, Florida Statute 775.083(1)(b). The maximum penalties may be imposed if a jury finds that they are necessary and fit the crime for which the accused is found guilty of committing. However, if convicted, a jury does not have to sentence to the maximum, but can impose a penalty up to the maximum. In addition, before it reaches a jury, the State may offer a deal to reduce the sentence, but that is based on the case, the offense, the criminal record of the accused, and many other factors.

Continue reading "Florida Criminal Law: What Are the Penalties for the Crime of Grand Theft in the Second Degree?" »

For purposes of Florida criminal law, there is a difference between stealing a candy bar than stealing a car. Not only are the crimes different, but the charge in itself is different. Regardless of theft being the common theme, the crimes are defined differently by Florida Statute, therefore, they are normally investigated by the police (i.e. Jacksonville Sheriff's Office) and prosecuted differently by the State Attorney (i.e. Angela Corey in Jacksonville and related assistant state attorneys). Understanding the crime you have been charged with can be helpful in formulating the proper defense.
Florida Statute 812.014 defines petit theft as stealing property valued over $100 and less than $300, not from someone's home; or property that is worth less than $100 that does not fit into the crime of Grand Theft in any degree. However, the charges are different in that a petit theft of property valued at more than $100 and less than $300 is a misdemeanor of the first degree while property valued at less than that is a second degree misdemeanor. The degree of the charge weighs heavily on the possible sentence that can be imposed.
If you have been charged with petit theft in Florida, then you should speak with a criminal lawyer about your rights and option.

In Florida, crimes, like theft, can often have multiple layers that must be proven to a jury for there to be a certain conviction. Florida law defines the act of a theft, but goes on to give the multiple layers before defining if theft is a misdemeanor or felony. A misdemeanor is a crime that has a punishment that cannot exceed one year in jail and a fine that cannot exceed $1,000. Since theft has so many components, such as whether a car or a candy bar was stolen, the law follows the same logic in determining if a theft is a misdemeanor or felony.

Florida Statute 812.014 defines theft and then provides a definition for grand theft of the first degree as a felony of the first degree. This crime of theft has the following components that must be proven by the State Attorney to get a conviction of the grand theft in the first degree:
1. If the stolen property has a value of $100,000 or greater OR is a semitrailer used by a law enforcement officer (i.e. Jacksonville Sheriff's Officer); OR
2. If the stolen property is cargo with a value of $50,000 or more that entered the stream of commerce (ready for interstate our out-of-state shipping) from the loading dock to that of the receiving person (i.e. a shipment of Wii is stolen while being transported on the interstate by a driver); OR
3. If the offender commits any grand theft AND:
a. Uses a motor vehicle, other than as a getaway vehicle, in committing the crime; therefore creating property damage (i.e. crashing into a transport vehicle so that the items can be stolen.); OR
b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000,

Defining theft in Florida is a matter for the state legislature. Investigating the crime and gathering evidence to show a theft was committed is the job of the Sheriff’s office (i.e. Jacksonville Sheriff’s Office). Enforcing the law, or prosecuting the alleged criminal offender with theft is the job of the State Attorney’s office in your area, which are broken down into circuits, a group of counties equals one circuit, (i.e. Duval, Nassau and Clay Counties are in the 4th Judicial Circuit).

Theft occurs, according to Florida Statute 812.014(1), when a person, “…knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.
(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.”

Theft is a crime that requires knowledge on the part of the person committing the theft. Meaning that to be guilty of theft, you had to have knowledge that the property was in fact the property of another (i.e. stealing from a store) and that you intended to keep the property for any length of time. For example, taking your neighbor’s lawnmower without asking and returning it later is still theft. The idea of theft is that your action has taken the known owner’s right to use the property or the owner’s right to sell the property during the time that you took as if it were your own. If you steal a candy bar from a store, then you know that candy bar belongs to the store and you have deprived the store the chance to sell it an actual paying customer.

Continue reading "Florida Criminal Law: How Is Theft Defined by the Florida Statutes?" »

In Florida, the Jacksonville or local State Attorney’s office is responsible for prosecuting crimes and proving to a jury that all elements of a crime were completed to justify the charged criminal act. Florida has defined crimes in the Florida Statutes and the definitions also provide the elements that must be proven for someone to be convicted of a particular crime. Basically, Florida statutes lay out the ABC’s of a crime and the prosecution has to show all of the letters to get a conviction.

An Aggravated Assault has three (3) possible elements , and at least two (2) must be proven to a jury for there to be a conviction of the crime. The elements are defined by Florida Statute 784.021 as (a) an assault (F.S. 784.011 defines assault as a verbal threat or act of violence that creates fear in another at a degree to believed that violence is probable), (b) the assault was with a deadly weapon without intent to kill; or (c) the assault was done with an intent to commit a felony.

First, an assault must be proven to even go down the road of a conviction of aggravated assault. Second, the State Attorney must show that either the assault was done with a deadly weapon (gun or knife) or that it was done with the intent to commit a felony. So, how would these two things be shown? If an assault is committed while the accused is holding a gun, then that would be an aggravated assault. For example, threatening to hurt someone while pointing a gun at their foot would be an aggravated assault since shooting the person in the foot would hurt, but not kill them. Or, the State can show that the assault was done with an actual intent of committing felony. For example, threatening to break into someone’s home while trying to smash in a door.

Continue reading "Florida Criminal Law: What Are the Elements of Aggravated Assault?" »

The short answer is no. In the Florida case of Kaminski v. State, 63 So. 2d 339 the Supreme Court of Florida said that lie detector evidence “would not have been admissible directly and it was not admissible by inference.” The reasoning according to the court is that it is not sufficiently reliable to pass the Frye test for admissibility of scientific evidence under Florida law. "The results of a polygraph test remain inadmissible in both civil and criminal cases because of unreliability." Lane v. State, 762 So. 2d 560, 561 (Fla. 5th DCA 2000) (citing Farmer v. City of Ft. Lauderdale, 427 So. 2d 187 (Fla.1983); Kaminski v. State, 63 So. 2d 339 (Fla.1952))

This does not mean that the police or other investigating authorities may not use it for the purpose of investigating a crime or discovering new evidence. The police also claim it is a tool for ruling out suspects. This is probably the least probable justification of its use by the police and is more than likely a less portentious approach to getting persons of interest to voluntarily take one. Although you may pass a polygraph it does not mean the police will rule you out as a suspect in a crime.

Continue reading "Are Lie Detector Test Results Admissible in Florida?" »