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.

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.

False imprisonment of an individual in Florida is a felony. Florida felonies are separated into different categories or degrees, each degree carries a different punishment. Punishments for a felony are determined and defined by Florida Statute and the State Attorney must present its case to meet the standards or elements of the crime for a verdict to be passed by a jury for the level of the degree of felony.

In a false imprisonment case, false imprisonment of an individual is considered a felony of the third degree. Under Florida Statute 775.082 a third degree felony is punishable with up to five years in prison and a $5,000 fine. However, it is a first degree felony, punishable by imprisonment not exceeding life, if the false imprisonment is of a child less than 13 years of age and one the following is also done to the child:

1. Aggravated child abuse;
2. Sexual battery;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;
4. Prostitution of the child (e.g. human trafficking); or
5. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition.

If you are charged with false imprisonment, then you should speak with a criminal law attorney about your possible defenses and options.

Florida crimes are defined by statute and prosecuted by the State Attorney’s office in the area where the crime occurred. False imprisonment is a term that is often referenced as a civil issue, such as an employee suing because she was locked in a room by her employer. However, Florida actually defines the action as a crime.

False imprisonment is defined in Florida Statute 787.02(1) as the following:

1. Forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without legal authority against his/her will. (e.g. If a girl is grabbed while walking to her car and thrown into a vehicle of another.)
2. Confinement of a child under 13 years of age against his/her will without parental consent. (e.g. A child being placed in a locked basement by someone that is not the child’s parent or guardian.)

A criminal law attorney can assist you in understanding possible defenses if you have been charged with the crime of false imprisonment in Florida.

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" »

Kidnapping charges are severe in most states, like Florida, and over the years have been prosecuted fully due to the nature of the crime and the exposure of the crime. Shows such as Nancy Grace have popularized the victims of the crimes and when kidnappers are found, the law is harsh, reinforcing the severity of the crime and punishment to the public. When someone is charged in Florida with the kidnapping of another, the law looks at the crime and also the age of the victim. Kidnapping someone over the age of 13 is a first degree felony, but kidnapping a child under the age of 13 can have even worse consequences.

Florida Statute 787.01 defines the crime of kidnapping and the penalties associated therewith. Florida Statute 787.01(3) states that a kidnapping is a life felony the kidnapping is upon a child under the age of the 13 and in the course of committed the crime, the accused does one or more of the following:

1. Commits aggravated child abuse, which is further defined in F.S. 827.03;
2. Commits sexual battery against the child;
3. Commits lewd or lascivious battery, molestation, conduct or exhibition on or of the child;
4. Commits a violation as it relates to prostitution upon the child; or
5. Commits exploitation of the child or allows the child to be exploited (e.g. takes nude photos of the child or allows someone else to do the same)

If you have been charged with the crime of kidnapping, then you should speak with a criminal lawyer about your rights and defenses.

Florida defines kidnapping by statute, which is basically the illegal taking of another, by force, trick, etc. In Florida, the police have the job of investigating the crime and charging the alleged criminal with the crime that is believed to have been committed. The job of the State Attorney is to prosecute the crime and make certain that all elements, as defined, were met beyond a reasonable doubt.

Florida crimes are not only defined by Florida Statute, but as are there punishments. The crime of kidnapping, when done to a child over the age of 13, is punishable a first degree felony and is punishable as such. The maximum punishment for a first degree felony is punishable for term of imprisonment not to exceed thirty (30) years.

If you have been charged with the crime of kidnapping in Florida, then you should speak with a criminal lawyer about your rights, options and defenses.

Kidnapping is defined by Florida Statute 787.01. The crime is defined by a number of factors, including the taking of another with the intent to do anything from use the victim as a hostage to intending to harm the victim (e.g. rape the victim of the kidnapping). In Florida, some crimes are not only defined by the actions, but also by the age of the individual and kidnapping is such a crime.

In Florida, kidnapping a child 13 years of age or younger consists of the taking of the child not just by force, secretly or by threat. In Florida, simply taking a child without the child’s parent or legal guardian’s consent is considered a kidnapping. Therefore, if you pick-up your friend’s child from school and you do not have the expressed permission of the child’s parent, then you have committed a kidnapping under Florida law.

Speak with a criminal lawyer about your rights and options if you have been charged with kidnapping.

In Florida, kidnapping is considered a crime that can be prosecuted by the State Attorney if the crime can be proven to the jury. In Florida, the State Attorney’s office actually brings the charge of the crime against the accused and then has the burden of proving its case. In presenting it’s case to the jury, the State Attorney must be able to prove all elements of the crime of kidnapping in order to prove the guilt of the accused. The elements of the crime of kidnapping are defined in Florida Statute 787.01.

Kidnapping is defined as, “Forcibly (e.g. grabbing), secretly (e.g. not informing the victim first), or by threat (e.g. telling the person that they will be killed if s/he does not go with you) confining, abducting, or imprisoning another person against his or her will and without lawful authority.” In addition to these factors, there must also be intent, meaning the mind frame is present to intentionally do the following:

1. Hold the individual for ransom or reward; or
2. Hold the individual as a shield or hostage; or
3. Inflict bodily harm upon the victim (e.g. taking with the intent to kill); or
4. Terrorize the victim or another person (e.g. holding a knife to the victim or taking the victim to threaten his/her parent); or
5. Commit or facilitate commission of any felony (e.g. forcibly taking another person to help in a robbery); or
6. Interfere with the performance of any governmental or political function (e.g. taking the child of a politician to stop him/her from signing a bill).

You should speak with a criminal lawyer to find out your rights and options if you have been charged with kidnapping.

Burglary, in Florida, has many components due to the number of ways that a burglary can be committed. Burglary is not just the unlawful entry into someone’s home, a store, or there car, but also the crime is charged in the way said crime is actually carried out. Florida Statute 802.10 actually takes into consideration whether there were people present, other than the accused; whether a vehicle was used in committing the crime (e.g. gaining access to the building by running into it with a car); whether the accused became armed while committing the crime, etc. For each component of the case, Florida law indicates whether those components are a first degree felony to a third degree felony burglary.

So, what are the penalties for the crime of burglary when the components are a third degree felony charge? First, if the burglary is to a structure (i.e. store) or a conveyance (i.e. car) and there were no actions of assault or battery, then it is a third degree felony. A third degree felony is punishable by a maximum of five years in prison and a fine of nor more than $5,000 for first time offenders. Florida Statutes 775.082 and 775.083 (2010).

If you have been charged with a third degree felony burglary, then you should contact a criminal lawyer about your rights and options.

The crime of burglary is defined by Florida Statute 810.02. Like all crimes in Florida, the statutes determine whether the crime is a misdemeanor or a felony. A felony can be anything from a life felony to a third degree felony. The crime of burglary, under Florida statute, can be charged as a second degree felony when the burglary is committed in a dwelling (i.e. a house or apartment), regardless of someone being in the home. Also, it can be a second degree felony when someone is present in the conveyance (i.e. vehicle) or structure (i.e. store).

So, what are the penalties for a second degree felony? If you are charged with burglary as a second degree felony, then you can be sentenced up to a term of no more than 15 years in jail and receive up to a $10,000 fine. These penalties are for the first offense, not for a repeat offender. Florida Statutes 775.082 and 775.083.

If you have been charged with burglary, then you should contact a criminal lawyer to discuss your rights and options.

In Florida, burglary is defined under three different possible charges, including first, second and third degree felonies. Each charge is defined under Florida Statute 810.02 and gives the elements that must be proven through the evidence collected by the police (i.e. Jacksonville Sheriff’s Office) and the by the state Attorney’s Office in their case to the trial. The statutes provide for the maximum penalties that can be imposed if the accused is found guilty of the crime of first degree felony burglary.

Florida statute defines a burglary as a felony in the first degree when the burglary includes assault or battery on any person; or the accused becomes armed with a deadly weapon or explosive; or there is someone in the dwelling (i.e. home) or structure (i.e.) store at the time and a vehicle is used to commit the burglary (i.e. running car into the home or store) or causes damage over $1,000 to the home, store or other property. If the crime is charged and proven as a first degree felony, then the maximum penalty for a first offenender, as defined by Florida Statutes 775.082 and 775.083 is a term of imprisonment of 30 years and a fine of $10,000.

If you have been charged with burglary as a felony in the first degree, contact a criminal lawyer about your possible options.

As a criminal lawyer in Jacksonville, Florida, I understand how crimes are charged by the police (i.e. Jacksonville Sheriff’s Office) and then by the State Attorney’s office. To understand the crime of burglary, and the related charges, it is important to know what charge can be brought by the State for any crime of burglary. Burglary ranges from a first to a third degree felony and each carries different penalties.

In Florida Statute 810.02(4), a Third Degree Felony Burglary is charged against the accused when the following elements can be proven:
1. A burglary is committed in accordance with F.S. 810.02(1); and
2. An assault or battery was not committed during the burglary; and
3. The accused did not become armed with a deadly weapon (i.e. gun or knife) or an explosive; and
4. Upon entering or staying in the structure of conveyance, there was no other person in the structure or conveyance.
Basically, entering a dwelling excludes the charge from being a third degree felony, regardless of whether someone was in the home. However, if no other crime is committed, like a battery, and there is no one in the structure (i.e. store) or conveyance (i.e. car), then it can be a third degree felony, which is the lowest charge for a burglary.

If you have been charged with a burglary, then you should contact a criminal lawyer to better understand your rights and options.

In Florida, crimes like burglary must be proven by the State Attorney’s Office to fit the elements of the crime charged. A burglary can be charged in multiple ways, including as a first degree felony all the way to a third degree felony. It is up to the police, like the Jacksonville Sheriff’s Office, to investigate the crime so that evidence can be shown to meet the level of crime charged. Then, the State Attorney’s Office has to prove, beyond a reasonable doubt, that the crime charged was actually committed by the accused.

A burglary can be charged as a second degree felony, in accordance with Florida Statute 810.02(3), and the accused can be found guilty of the crime, if the State can prove that the burglary was done within the following elements:
1. The burglary takes place (meaning to a dwelling, conveyance or structure); and
2. The accused did not become armed with a deadly weapon while committing the burglary; and
3. The accused did not commit an assault or battery while committing the crime; and
4. The burglary was to an occupied or unoccupied dwelling (i.e. home; or
5. Another person was in the structure (i.e. store) when the crime took place; or
6. Someone else was in the conveyance (i.e. car) when the burglary occurred; or
7. The burglary is done to an authorized emergency vehicle.

If these elements can be met by clear and convincing evidence, and you have been charged with burglary, then you should contact a criminal lawyer about your rights and options.

Florida law defines crimes and what their charge is, whether felony or misdemeanor. However, many crimes, like burglary, have different actions that can be committed and the charge change with each depending on the evidence. While Florida may establish the definition of burglary, the elements of the crime go further than the original definition. It is up to the police, like the Jacksonville Sheriff’s Office, to investigate the crime to determine which section of the burglary statute the crime meets so the proper charge can be made.

Florida Statute 810.02(2) defines the charge of burglary as a felony of the first degree if, while committing the burglary, the offender does one of the following:
1. Commits an assault on any one; or
2. Makes an assault on someone; or
3. While in the dwelling, structure or conveyance, becomes armed with a deadly weapon (i.e. a gun) or with explosives; or
4. Makes entry into the occupied or unoccupied dwelling or structure using a motor vehicle in a way that causes damages to the property; or
5. Causes damage in excess of $1,000 to the dwelling or structure or the property inside.

If you have been charged with burglary, then you should speak with a criminal lawyer about your rights and options.

Florida laws are dictated by legislation and what becomes Florida Statute. Florida Statutes are used by State prosecutors (i.e. Angela Corey’s office in Jacksonville, Florida) to define the elements of a crime, like burglary. Elements of a crime are what must be proven by the State, to a jury., to get a conviction for the crime. Evidence is used to show that each element of the crime is met so that the jury can determine whether the State has proven its case beyond a reasonable doubt.

Florida Statute 810.02(1)(b) provides the elements of the crime of burglary. The elements of the crime are as follows:

1. Entering a dwelling, which means that the accused actually, physically entered the residence of someone; or
2. Entering a structure, meaning that the accused physically entered a structure, like a store; or
3. Entering a conveyance, for example, the accused actually got into the vehicle of another; and
4. Entering the dwelling, structure or conveyance with the intent (i.e. having an agenda while there) to commit an offense (i.e. to steal, do damage, etc.); or
5. Entering the place in a hidden or sneaky way and staying there, without permission (i.e. being invited as a guest); and
6. Being in the place intending to commit an offense (i.e. steal, rampage, etc.); or
7. While in the place, commit a forcible felony (i.e. murder, sexual battery, etc. as defined by F.S. 776.08); or
8. Staying there and attempting to commit a forcible felony (i.e. attempted murder, attempted sexual assault, etc.).

If the necessary elements are proven, then the jury may find that the accused is, in fact, guilty of the crime of burglary. Before that happens, you should speak with a criminal lawyer about your possible defenses, rights and options.

In Jacksonville, Florida our news often gravitates towards crimes, like burglary. There are a number of crimes committed on a daily basis throughout the country, but local news always makes your home city feel like the worst. Crimes are defined in Florida by statute and the police, like the Jacksonville Sheriff’s Office are responsible for investigating the crime to make certain the crime charged fits the statutory definition.

Burglary is defined by Florida Statute 810.02, which defines burglary as the following:
1. Entering a dwelling (i.e. a house), a structure (i.e. a building of any nature), or a conveyance (i.e. a vehicle) with the intent to commit an offense (i.e. a theft) therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2. Notwithstanding a licensed or invited entry(i.e. a guest), remaining in a dwelling, structure, or conveyance:
a. Sneaking into the building, with the intent to commit an offense therein;
b. After permission has been withdrawn to stay in the premises, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

If you have been charged with a burglary, then you should speak with a criminal lawyer about your rights and options.

Florida criminal law is defined by Statute, which provides the definition of the crimes, their related charge (misdemeanor/felony), and the related penalties. While the Florida legislature adopts these laws, it is the responsibility of the police, like the Jacksonville Sheriff’s Office, to investigate crimes and decide which crime the evidence best supports before arresting and charging someone. Once the police have charged someone with a crime, the arrest and booking report is given to the State Attorney’s Office (i.e. Angela Corey’s office in Jacksonville) to determine the formal charge, which it feels is supported by the evidence. Once that is determined, the accused better understands what the crime is and what the possible punishment may be.

Florida defines theft in many ways, and depending on the theft (i.e. the type of property stolen; the value of the property; etc.), it can be a misdemeanor or a felony. A petit theft of the first degree is a misdemeanor of the first degree and carries a possible maximum punishment of a maximum term of one year in prison (i.e. 365 days in jail NOT 366 days). First degree petit theft may also be punishable by a fine of no more than $1,000. Petit theft in the second degree carries a possible maximum punishment up to 60 days in jails and a fine not exceeding $500.

If you have been charged with a petit theft, then you should speak with a criminal lawyer about your rights and options.

In Florida, being charged with a crime, like petit theft, requires the police investigation to find that you have met all of the elements of the crime of petit theft and that the State Attorney’s office feels the investigation and related evidence support the crime of petit theft to a degree that it can be proven to a jury of your piers. In so doing, the Florida State Attorney’s Office for your circuit, Jacksonville is in the Fourth Circuit, can actually prove all elements of the crime of petit theft to get a conviction.

Petit theft has two possibilities, since there are two possible charges for the crime. The first possible charge is that of first degree petit theft, which requires the following:
1. A theft occurred, meaning property was taken from another for one’s permanent or temporary use;
2. The property stolen has a value of at least $100, but less than $300;
3. That the stolen property not meet the definition of any degree of Grand Theft as defined in Florida Statute 812.014.

The second possible charge is second degree petit theft, which has the following elements to be shown and proven to a jury for a convition:
1. A theft occurred;
2. The stolen property has a value of less than $100;
3. That the stolen property is not defined by any definition of grand theft or first degree petit theft.

If you have been charged with second degree petit theft, then you should speak with a criminal lawyer about your rights and options.

Florida statutes provide definitions to crimes and their related penalties. However, a crime may have different degrees depending on the action, the severity of the action and whether a weapon was used to commit the crime. In Florida, theft has multiple meanings that are based on the following: the type of items stolen; the method in which they were stolen; and the value of the property stolen. It is up to the police investigation, like the Jacksonville Sheriff’s Office to make the arrest and booking of the crime that best fits the definition. However, it is up to the State Attorney’s Office to formally charge the crime based on what elements can be proven.

After grand theft is defined in Florida Statute 812.014, all things that are not defined in the Florida Statute as grand theft, in the third, second or first degree, are petit thefts. A petit theft in the first degree is defined in Florida Statute 812.014 as any property stolen (not previously defined in the statute) that is valued at more than $100 and less than $300.
Since petit theft in the first degree requires property to be valued at more than $100, for theft of property valued at less than $100 is considered petit theft in the second degree. The charge and maximum penalties differ from that of a first degree crime.

If you have been charged with petit theft, then you should speak with a criminal lawyer to better understand your rights and options.

In Florida, Florida Statute 812.014, identifies the crime of theft or stealing and provides multiple definitions for each crime and severity of the crime. For example, stealing a stop sign is considered a crime of Grand Theft in the Third Degree and is a felony in the third degree. Understanding the charge is helpful, but knowing the penalties for the crime is also inherent to developing a proper defense to the State of Florida’s case against you when charged.

A felony in the third degree, according to Florida Statute 775.082, carries a maximum penalty of five (5) years in prison. If convicted in Florida of Grand Theft in the Third Degree, the maximum fine that may be imposed is $5,000, Florida Statute 775.083. The crime of Grand Theft is defined with many components ranging from first degree to third degree. The crime of Grand Theft, in whatever degree, is a felony and the penalties consist of prison time ranging from a maximum of five (5) years in third degree felony to a maximum of 30 years in a first degree felony.

If you have been charged with a Grand Theft, then you should speak with a Floridacriminal lawyer about your rights and options.

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.

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Florida law dictates that Grand Theft in the first degree is a first-degree felony, in accordance with Florida Statute 812.014(2). The Florida legislature has a criminal law committee that actually introduces bills and introduces them to both the House and Senate for review before they become laws. It is in these sessions that such penalties are discussed and decided upon.

If you have been charged with a Grand Theft in the First Degree, then you may wonder what penalties may be imposed in the sentencing. Before entering a plea agreement, it is important to understand what may happen if a jury convicted you and recommended the harshest sentence for the offense to the Court. In accordance with Florida Statute 775.082(3)(b), a felony in the first degree is punishable by, “ a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.” In addition, a fine may be imposed for the crime, in accordance with Florida Statute 775.083(3)(b) a fine cannot exceed $10,000. A plea agreement may be made for a lesser penalty, since the maximum time in prison is 30 years the plea agreement may be for considerably less prison time than the 30 years and a fine less than the $10,000 maximum allowed by statute.

If you have been charged with the crime of Grand Theft in the First Degree, then you should speak with a criminal lawyer about your rights and options and to help you negotiate with the State.

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.

Theft in Florida can be broken down into multiple categories of grand theft in three degrees and petit theft. Florida Grand Theft in the Third Degree is defined by many elements, including but not limited to, stealing property valued over $300 but less than $20,000, any fire extinguisher, a firearm, etc. If the crime is committed in Florida, then the crime can be charged as a third degree felony.
A felony conviction can be punishable by imprisonment for more than one year while a misdemeanor is punishable by no more than one year. In addition, the fines associated with a felony are much greater, in the case of theft, often there can be fines associated with the crime, but also restitution (paying back the victim for the property).
If you have been charged with a Grand Theft in any degree, then you should speak with a criminal lawyer about your rights and options.

The theft of property valued between $20,000 and $100,000, in Florida, is considered a grand theft. Florida statute 812.014 states that theft is the intentional taking of another’s property, thus depriving the other person of said property either permanently or temporarily. Florida also provides for levels of the crime and in F.S. 812.014, the legislature defined grand theft in the second degree. The question then becomes whether a grand theft of property valued between $20,000 and $100,000 is a felony or a misdemeanor.

In accordance with Florida Statute 812.014(2)(b), a grand theft of the second degree is a felony in the second degree and is defined by the following acts being committed and proven, by the State Attorney’s Office:
1. If the property stolen is valued between $20,000 and $100,000;
2. Cargo stolen is valued at less than $50,000 and entered the stream of commerce from the shipper to the receiver;
3. Stolen property is emergency medical equipment with a value of at least $30 and taken from a licensed facility or from an aircraft or vehicle; or
4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle,

If you have charged with the crime of grand theft in the second degree, then you should speak with a criminal lawyer about your rights and options.

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,

Crimes such as theft have components or elements that must be proven to a jury for there to be a conviction. Florida law dictates the elements of the crime of theft and provides a guideline for everybody from the Jacksonville Sheriff’s Office that handles the investigation to the State Attorney Office in Jacksonville that prosecutes the crime. In order to get a conviction the State must show that the elements of the crime have, in fact, been met by showing evidence, testimony and the like to a jury.

The elements of theft, according to Florida Statute 812.014, that must be proven to a jury are as follows:

1) That the alleged criminal knowingly obtains or uses the property of another. First, the prosecution must be able to prove that the alleged thief actually had knowledge that the property in question belonged to someone else and that the alleged thief took or used the property or used the property. If a golfer finds a golf ball in the rough and no one appears to be looking for it, then there may be an assumption, based on experience, that the golf ball no longer has an owner. Therefore, the use of that golf ball would not necessarily constitute a theft if the golfer did not have knowledge the ball, in fact, belonged to anyone.

2) There must be intent to temporarily or permanently take the property of someone else. Here, the prosecution must prove that the alleged thief had the intent to actually deprive an owner of his/her property for a short-term or even permanently. If you take a DVD from Wal-Mart, without paying for it and you walk out of the store with the DVD, then the act itself may show a jury that you intended to permanently remove the item from Wal-Mart’s possession.

3) To be convicted of theft, the State must prove that there was intent to permanently or temporarily deprive a person’s right to the property or benefit of the property. If you take someone’s car without his or her permission, then you are actually taking that person’s own right to use his car. Taking the property of another, even temporarily, prohibits the owner from actually using his own property.

4) If you do not have right to the property (i.e. your name is on the registration), then you could be convicted of the crime of theft if all other elements have been proven.

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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.

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The Florida legislature has a criminal law committees in both the House and Senate that reviews proposed criminal law bills and ultimately makes decisions, edits, etc. before the bill is brought to a vote by the House and Senate. The bills are then voted on and if they pass both House and Senate, then they become law, which is how our Florida Statutes has defined crimes and the penalties they carry.
The Florida legislature has established that aggravated battery is a battery committed on a person that causes permanent disability or impairment; or a battery committed with a deadly weapon; or a battery committed on a pregnant woman. In addition to that definition, the Florida law establishes the crime of aggravated battery as a second degree felony. A second degree felony and its associated penalties that can be imposed on someone convicted of the crime of aggravated battery. According to Florida Statute 775.082 states that a second degree felony is punishable by a term in prison for no more than 15 years. In addition, a fine for a second degree felony, in accordance with Florida Statute 775.083, cannot exceed $10,000. What his means is that when sentencing occurs, the maximum punishment for aggravated assault is 15 years in prison and $10,000 in fines. However, there may be an offer for a plea that reduces this maximum sentence, or a jury can even sentence less than the maximum sentence depending on the facts of the case and how persuaded the jury feels by them.

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In Florida, crimes are defined by the legislature and the legislature also determines whether a crime is a misdemeanor and which constitute a felony. Florida also establishes degrees of punishment, for misdemeanors there are first and second degree and for felonies it can from third degree to a life felony. The degree of punishment and length of incarceration is determined by this degree system.

Misdemeanors and felonies carry different penalties and have different outcomes in the long hall because a misdemeanor is considered a lesser offense than a felony. Aggravated Battery is a battery committed to another that causes permanent disability or deformity; a battery committed with a deadly weapon (gun/knife); or a battery knowingly done to a pregnant woman. Florida Statute 784.045 defines aggravated battery as a second degree felony. If you are convicted of the crime of aggravated battery, then the punishment is worse than a battery conviction, which is a first degree misdemeanor.

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In Florida, a crime against a pregnant woman often carries harsher penalties than a crime against others. While Florida Statute 784.045(1)(a) defines the elements of aggravated battery as either a battery causing disability or disfigurement of another or using a deadly weapon while committing battery, there is an additional factor that can lead to the charge of aggravated battery, pregnancy.

According to Florida Statute 784.045(1)(b), if a battery is committed against a pregnant woman, then an aggravated battery has been committed and the State Attorney’s Office may charge the crime accordingly. If the State prosecutes for this crime, then it must prove that the actual and unwanted touching of another occurred (battery F.S. 784.03), and that the person committing the battery knew or should have known that the person was pregnant. A defense to the crime may be that there was no knowledge of the pregnancy, but that defense does not work if the physical appearance of the victim proves otherwise. The concept is that a crime against a pregnant woman is done to two individuals and there may be considerable harm to the unborn child.

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In Florida, investigating a crime requires understanding of the elements of the crime by both the Sheriff’s Office and the State Attorney’s office prosecuting the case. Officers, like those that work for Jacksonville Sheriff’s Office, have to understand how a crime is defined so that their investigation can lead to a conviction later. By not doing a thorough investigation of a crime, like Aggravated Battery, the State may have difficulty proving its case to a jury.

Florida Statute defines elements of a crime. The elements are what must be proven in court for the State to get a conviction for the charged crime. For example, Aggravated Battery is defined by Florida Statute 784.045 and its definition are actually the elements that must be proven to jury. First, the elements of battery must be proven, battery in itself has multiple elements including the following:
1. Actual touching or striking;
2. Intention, meaning having the thought and mind-set to do the touch or strike;
3. The touch/strike is against the will of the other person, which means that the other person did not provoke the action (i.e. acting in a way that warrants defense); or
4. Acting in a way to inflict bodily harm on another person

Once those things are proven, to get to a conviction for an aggravated battery, the State must prove that 3 of the 4 above have been met along with one of the following:
5. Intentionally (meaning to) or knowingly (you know your action could) cause great bodily harm to another (i.e. kidney failure); or
6. Intentionally or knowingly cause permanent disability (i.e. cause paralysis); or
7. Intentionally or knowingly cause permanent disfigurement (i.e. crushing someone’s facial bones); or
8. Commit a battery using a deadly weapon (i.e. pistol-whip).

To be convicted an aggravated battery; the State must prove that there was a battery and that the battery meets one of the elements listed in 5 - 8.

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Crimes in Florida are defined by statute and are prosecuted by the State Attorney. The State Attorney’s Office in your area has many associates or assistant state attorneys and that office reviews police reports, such as those completed in an investigation by Jacksonville Sheriff’s Office.

In Florida, according to Florida Statute 784.045(a), a person has committed Aggravated Battery if while committing a battery (as defined by F.S. 784.03) does the following:
1. “Intentionally and knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.”

An example of aggravated battery is pistol-whipping someone. That requires you actually and intentionally hitting someone with a deadly weapon, such as a gun. Another example would be kicking someone in the stomach region repeatedly and causing them permanent kidney and internal organ damage.

If you have been charged with aggravated battery you should speak with a criminal lawyer about your rights and options.

Battery is a crime in Florida that is defined as the unwanted, intentional touching of another person. In Florida, we have a State Attorney's Office that determines whether to file charges and seek a conviction of battery. The Jacksonville Sheriff's Office is required to investigate crimes committed in the Jacksonville area and then provide the police report to the State for determination of prosecution.

If convicted of battery, the charge for a first offense is a first degree misdemeanor. If you are convicted and then charged with another battery, that is a third degree felony. A first degree misdemeanor has a penalty of term of prison for no more than one year. A third degree felony is punishable by a term of imprisonment not exceeding five years. So, the crimes may be the same, but the number of offenses of battery, the more jail time could be served in Florida.

If you are facing criminal charges for battery, you should speak with a criminal lawyer to understand your rights and options.

Crimes in Florida are defined by Florida Statutes. Florida Statute also defines whether a crime is considered a misdemeanor or a felony. Generally, misdemeanors are offenses that come with no more than one year in jail and felonies are offenses for which jail time can exceed anything over one year. That is the basic distinction between the two. As you would assume from the penalties involved, a misdemeanor is a lesser offense than a felony.

In order to be convicted of a crime in Jacksonville, the State Attorney's office in the area would prosecute a person and the State must prove its case to a jury of your peers for the conviction to hold. So, if you are charged with a battery and convicted for the battery, would that be a misdemeanor or a felony? According to Florida Statute 784.03, if it is a first conviction of battery then it is considered a first degree misdemeanor. However, if this is the second time you have been charged with a battery and you were previously convicted of a battery of any kind, then you can be charged with a third degree felony. Basically, the Florida Statute gives you one bite at the apple before turning a the misdemeanor battery into a felony battery charge.

If you have been charged with battery, then you should speak with a criminal lawyer about your rights and options.

In order to be convicted of a battery in Florida you must meet all elements of the crime. In Florida, a State Attorney or an Assistant State Attorney is responsible for charging the crime of battery and prosecute the crime. In order for the charge to be filed, there must be a determination as to whether the elements of the crime could be proven to a jury or judge. Florida statutes define crimes and the elements that must be proven to convict someone of said crime. Elements of a crime are like a math equation, if you have a + b = c (the crime).

What are the elements of the crime of battery in Florida? According to Florida Statute 784.03(1)(a) provides the elements of the crime of battery as when a person does the following:

1. Battery is if someone were to actually (meaning doing an act) and intentionally (done with an agenda) touches or strikes another person against the will of the other (meaning the other person did not consent to the touch or strike. An example of this would be that person x gets into a verbal fight with person y and then x punches y, then x has committed a battery because the making of fist coupled with making contact with y would meet the intentional striking and most likely, Y did not agree to being punched in that scenario; or

2. Battery occurs when someone intentionally (means to) cause bodily harm to someone (actually hurt someone). So, if X and person Y are in a verbal fight and Y decides to give X a black-eye and then does so, then that is considered intentionally causing bodily harm to another person and the elements have been met for Y to be charged and convicted of battery.

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A common charge of a criminal action in Florida is that of battery. Florida Statutes define battery, but it is a common term, almost a household name, thanks to shows like Law and Order. Unlike the District Attorney in shows like Law and Order, Jacksonville and Florida as a whole has a State Attorney. State Attorneys are elected in their actual Circuit, which generally consists of more than one county in Florida. For example, Jacksonville is in the 4th Judicial Circuit and it encompasses Duval, Clay and Nassau Counties and Angela Corey is our State Attorney. However, the actual State Attorney Office has numerous associate attorneys that actually handle a number of the cases, such as battery cases.

So, what is the definition of a battery? According to Florida Statute 784.03, a Battery is defined as an offense where a person intentionally physically touches someone else against the other person’s will (meaning without consent) or a person intentionally inflicts or causes harm to someone. An example of touching someone against their will would be when you slap someone across the face. Unless the person asked you to slap them, you have committed a battery. In the second definition, “intentionally cause bodily harm to another,” whether the slap was asked for or not, if you slap someone so hard that you break their cheekbone, you’ve committed a battery. Even though you may not have intended to cause that great of bodily harm, you intentionally hit the person with enough force to hurt them.

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In Florida, aggravated assault is a third degree felony and a general assault is a second degree misdemeanor. Felonies and misdemeanors carry different punishments, which are defined by Florida statutes. Also, the long-term impact of a felony versus a misdemeanor may cause certain challenges for an individual when applying for jobs, or if that person is a repeat offender and has another run-in with the police, like the Jacksonville Sheriff’s Office.

If convicted of an aggravated assault, you may be sentenced to up to five (5) years in prison and have a fine of up to $5,000.00 owed (F.S. 775.082 and F.S. 775.083). The fine is typically determined by the offense, any damage that can be proven and whether the Judge or jury decides to charge the harshest penalty for the crime, which is generally based on the actual circumstances surrounding the crime and the victim.

A fine can be imposed and paid off over time, but that money may be owed even after jail time is served. Typically, restitution or fines exceed the actual prison sentence. Often, if given an option of entering a plea agreement, a criminal law attorney may suggest that taking a plea, especially to lesser offense like assault, would put you in a better position now and in the future. Before entering into a plea agreement for aggravated assault, you should speak with your Jacksonville criminal lawyer.

Florida crimes are defined by Florida Statutes, which not only define what a crime is, but whether the crime is a misdemeanor or felony. The difference in a misdemeanor and felony is good to understand when dealing with a criminal charge such as Aggravated Assault. A misdemeanor is when one is charged with a crime that holds a penalty of less than one year in jail and a fine of no more than $1,000.00 (depending on the degree of the misdemeanor). A felony is a crime that is punishable by more than a year in prison and a fine up to $15,000.00 (depending on the degree of the felony). Each crime can also carry a fine penalty, so jail time may not be the only consequence of a crime.

As a Jacksonville lawyer, I have to inform clients of the possible punishment of the crime for which they are being charged. An aggravated assault means that an assault occurred with either a deadly weapon or with an intent to commit a felony (i.e. armed robbery). It is a higher offense than simple assault and carries a harsher penalty with it.

Florida Statute 784.021 defines an aggravated assault as a third degree felony. A third degree felony has harsher penalties than a second degree misdemeanor, which may be charged in a simple assault action. Often, a criminal law attorney may suggest that the charged person accept a deal from the state for assault rather than going to trial on the aggravated assault. The reason is that a conviction for a felony is much harsher than a misdemeanor for punishment, but also for future issues involving repeat offenders.

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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.

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When a crime is committed in Florida, the police, like the Jacksonville Sheriffs Office, will investigate the crime to determine what to charge a person with. However, the State Attorney's Office has the ultimate say in what crime has been committed. Different actions can lead to different crimes being charged and prosecuted. For instance, the simple statement or physical act that may lead one to believe that violence is probable may be charged as an assault. However, if the same act is done while one is holding a weapon (knife, gun, etc.), then the charge may be more severe than simple assault, which is a 2nd degree misdemeanor under Florida law. So, what is that greater charge?

Aggravated Assault is defined by Florida Statute 784.021 as, "...an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony." Basically, it is a threat (verbal or physical) while holding a deadly weapon, such as a gun or knife. Basically, even holding a gun near someone in a threatening way could be considered an aggravated assault because it automatically generates fear in the other person.

Since the statute states, "or," it can also mean that someone commits an assault by threatening imminent and probable harm on another, such as killing them, which would be a felony. So, if a person is not holding a gun, but says, "I'm going to kill you right here, right now." Then the person's intent may be to actually kill, therefore the intent of committing a felony is present. Simply because the action is stopped before it stops does not change the circumstance of the aggravated assault.

If you have been charged with an aggravated assault, then it is important to understand that the charge is greater than that of an assault and the consequences may be much greater. You should speak with a criminal law attorney to better understand your rights and options.

In Florida, a crime can be charged as a misdemeanor (no greater than one year in prison) or felony (greater than one year in prison). A misdemeanor, like a felony, has different degrees, including first and second. If someone has committed or been charged with assault, then that is a second degree misdemeanor according to Florida Statute 784.011 (2010).

In accordance with Florida Statute 775.082(4)(b) (2010), a second degree misdemeanor is punishable by, “…a definite term of imprisonment not exceeding 60 days.” A misdemeanor is not punishable, even as a first degree, for greater than a year in prison, so this degree of misdemeanor actually reduces the overall possible time in jail even more.

In addition to jail time, a conviction of assault may include a fine to be paid in accordance with Florida Statute 775.083(e), (2010). A second degree misdemeanor can be punishable with a fine of $500.00. The fine can be part of the sentence and can be congruous with any sentence of jail time.

An assault may not require jail time, but it is in the State Attorney's hands to decide what may be agreed upon for punishment if there is a plea before trial. If a conviction is passed down from a trial, then these are the greatest sentences that could be imposed by the jury. To best understand your rights and options you should have a criminal law attorney fighting for you.

In Florida, what are the elements of the crime of assault that must be proven for someone to be convicted of assault? First, there must be an intentional act. Florida Statute 784.011 (2010). The person committing the assault must do so with the intention of assaulting another person. What this means is that simply saying, “I’m going to kill you,” must not be in a joking tone but in a serious manner with the intent of actually killing the other person.

Second, the there must be an, “unlawful threat by word or act,” again going to a statement being made or hitting the palm of a hand with ah fist in a threatening manner.

Third, the intentional act or words must be done with the, “…apparent ability to do violence to another person.” Florida Statute 784.011 (2010). What this means is that making a statement, “I’m going to kill you,” while holding a stuffed animal does not necessarily lead to the fact that violence could or will be done.

Fourth, the act must cause a, “….well-founded fear in such other person that such violence is imminent.” Florida Statute 784.011 (2010). This means that the other person must believe that the words and acts are actually going to be followed through and that the person is, in fact, in fear of the threat.

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If you have been arrested in Jacksonville, Florida and have been charged with a misdemeanor or a felony, there are a number of outcomes that are possible in your case. One of the best possible dispositions, besides the case simply being dismissed, which is rare, is an offer from the prosecuting attorney to participate in the pretrial intervention program.

The pretrial intervention program is a program in which the state agrees to either not file charges against you or dismiss the existing charges against you in exchange for several conditions. Generally the conditions that you must satisfy are things like community service time, restitution, reimbursement of investigative costs, or potentially attending a class pertaining to the crime you were alleged to have committed.

PTI is a method by which you can show to the State's Attorney that you are serious about rehabilitating your behavior. While this type of outcome is more common in misdemeanor cases, it is sometimes offered in felony cases as well. If you have no previous criminal record you are more likely to get an offer to participate in the program and avoid prosecution. Once you have completed the requirements of the program your case will be dismissed.

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In Florida, when you are charged with a crime, there are important procedural rights you have before trial that may allow you to have the charges against you dropped. If you are incarcerated when an indictment, information, or affidavit on which you can be tried is filed you may apply for a writ of habeas corpus attacking the indictment, information, or affidavit. If you are successful, the charges against you will be dropped and you will be released.

Another option you have to try and get the charges against you dropped is to file a motion to dismiss the indictment, information, or affidavit against you for lack of probable cause or some other deficiency in the State of Florida's case against you. If you have been in custody for 30 days after your arrest without a trial you are entitled to a preliminary hearing upon application to the court. At the preliminary hearing the state has to demonstrate that they have enough evidence to move the case forward to trial on the charges against you. Depending on the severity of the charges against you and several other factors your attorney may be able to get your bail set at an amount that you can afford.<

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The purpose of bail in a Florida Criminal case is to ensure the appearance of a criminal defendant at subsequent proceedings and protect the community against unreasonable danger at the hands of the defendant. Criminal defendants are given the opportunity at a bail hearing to present to a judge reasons why they should be released on bail. There are a number of things the court shall consider when making a bail determination.

Some of the considerations the court must consider are: the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant's toes to the community; the defendant's prior record; and what the probability of danger the defendant poses to the community. Once the court has taken all of these factors into consideration it will set a bail amount. Generally criminal defendants hire a bail bondsman to pay the bail on their behalf. Most bail bondsmen require the defendant to pay at least 10% of the bond amount. In addition, they may require you to put up some other form of collateral depending on the bail amount. If you show up to trial when you are supposed to the bail will get returned to the bail bondsman after the case is over. The fee you pay to the bail bondsman is not returned to you.

Continue reading "What Is The Purpose Of Bail In A Florida Criminal Case?" »

A recent Broward county decision prohibits police officer to write red light tickets. As bizarre as that may sound, it is going on in Broward county.

The use of red light cameras has really shaken things up and has impacted the ability of police officers to write speeding tickets. What is the reason for the shakeup?

The disparity between red light camera fines and officer tickets is pretty substantial and attorneys have argued that this disparate treatment is unconstitutional.

Why is it constitutional? It purportedly violates the equal protection clause by issuing different punishments (in this case fines) for the same offense.

Continue reading "Red Light tickets in Broward County" »

In criminal law and deciding on which crime to charge someone with, is all about establishing the defendant's intent. If a defendant has time to reflect before committing the action, then the defendant is acting with mens rea, or, a guilty mind. The punishment for someone who acts with this label of intent is usually higher than someone who acts in the "heat of passion."

For example, when someone acts out of a "heat of passion" usually means its no premediated. The person is enraged about something and instead of cooling off, he or she commits a terrible act and is ultimately charged with manslaughter (depending on the facts).

Manslaughter is still very serious and can carry extensive jail time but there are different elements involved as opposed to murder. There are different levels of intent for the different degrees for murder as well.

Continue reading "What is the difference between Manslaughter and Murder in Florida?" »

Unless you have been living in a shell for the last six months, most Floridians have heard about the infamous Casey Anthony case. Ms. Anthony has been charged with murdering her young daughter, Caylee. The young girl went missing last year and it seemed like all of central and south Florida helped look for her.

Unfortunately, Caylee's remains were found just this past year. A lot of speculation ensued as to what happened to her. Casey Anthony was charged with first degree murder. In otherwords, the murder was planned and the suspect had to time to reflect whether or not commit the action. Now, the big question remains, "will Casey testify?"

The 5th of Amendment of the United States Constitution along with the Florida Constitution allows a defendant to claim this privilege and not testify. A defendant does not have to take the stand and possibly incriminate his or herself. However, if the defense decides to put Casey on the witness stand, she cannot assert the right when the prosecution attempts to cross examine her.

To learn more about this article and the case, please visit Tears of Deception from Casey Anthony? Will the Accused Florida Mom Testify.

Continue reading "Will Casey Anthony Testify? " »

Many of our clients come to us with these types of traffic violations. Florida statute 320.07(3)(c) governs this particular traffic violation. Basically, the statute reads if someone is driving with an expired registration for over six months, and he or she is a subsequent offender for the same offense, he or she could be charged with a second degree misdemeanor.

A second degree misdemeanor can carry up to 60 days in jail and a $500 fine. If you are driving with an expired tag or registration, don't. Its not worth it.

Pay to have your registration and/or tage renewed and do not worry about it. Its understandable that some people forget and are a few days late. There is no excuse to be six months behind. Remember, driving is a privilege, not a right.

Continue reading "Subsequent Offenses for Driving with an Expired Tag " »

The common public frequently mixes up these two criminal offenses (and also civil actions). Florida Statute 784.03 governs battery offenses and 784.011 governs assault offenses.

Battery requires the intentional touching of another against someone's will. Assault does not require any type of physical contact. Intentional threats and causing a well founded fear in another human being is how someone violates this statute.

For the most, simple assaults and batteries are classified as 2nd degree misdeamonors and jail time is a possibility.

If there is alcohol involved in a domestic support dispute and a suspect is charged with assault and/or battery, then there may be additional conditions that must be met before the suspect is released on his or her own cognition.

Continue reading "What is the difference between assault and battery in Florida? " »

Since the Florida legislature passed laws allowing redlight cameras, there has been an uproar as to its constitutionality and accuracy. Many Floridians are being issued citations for running red lights caught on camera. If the picture does not catch the driver's face, there should be a shot of the vehicle tag number and the tag can be traced to the vehicle's owner. However, the owner of the vehicle may not have been the one driving the vehicle at the time the light was ran. That is irrelevant in lawmakers viewpoint.

The Florida legislature says too bad and emphasizes that people should be careful who they lend their vehicles too. There is a host of constitutionality issues with these redlight cameras, most notably an invasion of privacy.

Central Florida citizens are upset because they feel the enforcement of the camera shots is erratic and very inconsistent even in comparison to neighboring counties.

Continue reading "Erratic Enforcement of Red Light Cameras Reported in Central Florida (Orlando)" »

Former University of Florida football standout, Louis Murphy, was recently arrested in Gainesville, FL on three misdemeanor charged. Murphy is now with the Oakland Raiders and is the third Raider to be arrested this offseason. Murphy way allegedly playing his music too loud near a city park and was pulled over.

He then refused to be arrested and gave the officers a hard time. Police ran a search of the vehicle and found Viagra pills but no prescription.

Murphy has been charged with possession of a drug without a valid prescription, failure to obey a police officer and resisting arrest. To learn more about this article, please visit Raiders WR Louis Murphy Arrested On Three Misdemeanors.

Continue reading "Former UF Star Arrested for Three Misdemeanors" »

The U.S Department of Justice has announced that it will allow prosecutors to file criminal charges against Edwards for allegedly using campaign contributions to cover up his affair with campaign video producer Rielle Hunter during his 2008 run for president. Rielle Hunter became pregnant by Edwards and gave birth to a child whom the former senator denied fathering until 2010 when he finally admitted it.

A federal grand jury in North Carolina conducted an investigation into payments made from the former senator’s campaign and supporters to his mistress Rielle Hunter. Former Edwards aide Andrew Young provided information regarding the cover-up in his recent book “The Politician”. He has stated that he did not know how all of the money was used but did say a portion of it was used to buy flights and pay rent for Hunter. Young also claimed that he pretended to be the father of the child until Edwards finally took responsibility.

Continue reading "Justice Department Authorizes Prosecution of John Edwards for Alleged Campaign Finance Violations" »

An 18 year old student from the University of West Florida was arrested for DUI this past weekend. He reportedly fell asleep at the wheel on the Palm Valley Bridge around 1:30 Friday morning. When police approached his vehicle, there was vomit all over the driver's side door . The father of the suspect appeared at the scene when the GPS on the vehicle had not moved for over an hour.

Deputies had to deliver the bad news to the teen's father. The teen refused sobriety tests but alleges that he threw the keys out the window because he did not want to drive drunk. However, the officer states as he approached the vehicle he had to put the car in park and he took the keys from the suspect.

In Florida, a suspect can be charged with DUI even if the car was not moving at the time the vehicle was stopped.

To learn more about this article, please visit http://staugustine.com/news/police/2011-05-14/police-report-may-13-2011.

Continue reading "18 Year Old Arrested for DUI in PVB while Sleeping at the Wheel" »

Several Major League Baseball Players have been in the news lately, for the wrong reason. Players are being arrested for driving under the influence (DUI) and MLB is considering addressing this issue in the new Collective Bargaining Agreement (CBA).

The League is going to want permission to discipline players for off the field conduct such as DUI arrests. Currently, there is no authority in th CBA that gives the League this type of discretion. Each team or franchise has the option to discipline players, but the League as a whole does not have the power just yet.

The National Basketball Association (NBA) and the National Football Association already have these types of clauses in their CBAs. Both leagues are very harsh on players arrested for drug or alcohol abuse.

To learn more about this article, please visit Baseball to Seek Off-Field DUI Discipline Option in Labor Negotiations.

A south Florida attorney is suing a Miami night club for a night that cost the attorney over $19,000 in drinks and other expenses. The attorney claims he was being served drinks well after he had become intoxicated and incoherent.

He claims he was incapable of entering into a contract for more drinks because he was so inhiberated. We make contracts in our everyday lives whether we realize it or not. When you agree to make a retail purchase, you are essentially entering into a contract. Some contracts do not have to be in writing to become enforceable. However, in order to enter into a valid contract, both parties must be of sound mind.

Those that are incapacitated for any reason may have a valid defense against having to perform the obligations allegedlly rendered under the agreement. The attorney is wanting a full refund plus costs and expenses.

To learn more about this article, please visit DUI lawyer sues strip club after he gets drunk and spends $19k in ONE night.

Continue reading "DUI Lawyer Suing Night Club " »

An Albany man who was being jailed in Tallahassee, Florida, reportedly committed suicide in his jail cell. He was reported to be hanging from his bed sheet in his cell and discovered during a routine morning check.

The man was in jail for drug and driving under the influence (DUI charges). The jail may have some questions to answer. For example, when was the last time the prisoner was checked up on? Could the warden or deputies have foreseen something like this? If so, could they have prevented this?

Did the prisoner show signs of mental instability? This is a tragic situation and answers need to be given.

To learn more about this article, please visit, Albany man dies in Florida jail.

Continue reading "Man Kills Himself in Florida Jail " »

Operating a motor vehicle for purposes of being charged with driving under the influence does not necessarily mean the vehicle has to be moving. Many times, DUI suspects are arrested while being passed out or slumped over thier vehicle at an intersecion or in a parking lot.

If you have been drinking, it is best not to get in your vehicle at all. Do not even give the impression that you have been driving. In addition, if asked by an offficer whether or not you have been drinking, do not provide an answer that is going to incriminate you.

It can be used against as evidence in your trial.

Many times an officer will note in his report that a suspect's eyes are "bloodshot" and "glassy" and that the speech is slurred. These are subjective findings that can be challenged in court.

Continue reading "What is "operating" a motor vehicle under Florida law ? " »

Several DUI cases in Philadelphia and in other locations have come under strict scrutiny. Apparently, officers have been certifying intoxilyzer machines wrongfully. These machines must constantly be tested in order to ensure accurate results.

Serveral of these machines that tested and exceeded deviation requirements were still in use. One of the reasons these machines were still in use probably has to do with the fact that they cost about $6,000-$8,000 per machine.

The article points out that this practice has been going on in Florida as well. If the machine results are deemed invalid and not admissible in court, many times, this fact alone will exonerate many DUI suspects.

To learn more about this article, please visit Operator error in Philly DUI tests?

Continue reading "Insufficient Calibration Leaves many Florida DUI cases in limbo" »

DUI checkpoints and their constitutionality have been questioned for quite some time. The United States Supreme Court has held that DUI checkpoints are legal but there are some requirements for the checkpoint to be deemed valid. First, notice must provided that a checkpoint is going to occur.

This is usually done through some type of media outlet like a newspaper. The notice must include the location and time the checkpoint is scheduled to occur. In addition, there must be some type of policy in checking vehicles.

There has to be a pattern of some sort. However, not every vehicle can be checked. There will be a DUI checkpoint setup in Lee County this weekend. Please read the article below to get more information.

To learn more about this article, please visit DUI checkpoints set for this weekend./p>

Continue reading "DUI Checkpoints " »

Some of these tips are pretty straightforward, however, the importance cannot be stressed enough. Use common sense and lean on the cautionary side when making decisions. Some of the tips in avoiding a DUI arrest are

1. Do not drink and drive. Period.

2. Call a cab, friend, or family member.

3. Make sure your vehicle is in good working condition. For example, make sure blinkers, headlights and tailights are in good working order. Police have to have a reason to pull you over. Many times a vehicle that has one of the problems above are targeted for being pulled over. Many DUI arrests can result from this if you have been drinking.

4. Buy your own portable breathalyzer. Nowadays, technology is o enhanced their are even I-phone apps available that will help guide you on whether or not you are above the legal limit. Do not exclusively rely on these machines but it will help give you an idea of whether or not you should or should not be driving.

A woman working for the Volusian county school system was charged with DUI after she crashed her vehicle into a concrete wall near Lake Mary and not far from her home. Her nine year old son was in the car at the time who fortunately was not injured.

The woman allegedly had a .210 breath alcohol content (BAC) level. The legal limit in Florida is .08. If the reports are true, she blew over 2x the legal limit. For the time being, the woman is still employed with the school system pending the outcome of her case. In Florida, if a driver who is suspected of DUI and who is involved in an automobile crash, must submit to a blood alcohol test if requested.

The theory behind that law is if the suspect is injured in the crash, he or she may not be capable of blowing in the intoxilyzer. Breath results several hours after an accident may not and probably are not very accurate. Therefore, qualified "technicians" may take your blood if the officer feels alcohol may have been involved. Blood tests are normally more accurate anyway.

To learn more about this article, please visit School psychologist charged with DUI remains on the job.

Continue reading "School Psychologist Charged with DUI in Daytona Beach " »

Palm Bay Detectives are now using Skype technology in getting warrants for suspected DUI drivers. The length of time between a driver stopped or suspected of a DUI to when he or she actually submits to a breathalyzer or blood test can be quite a bit of time.

The longer the time in between the better chance the results will not be as accurate. Therefore, this new process will be interesting to see if it is deemed appropriate. The officers will email the warrant the judge from the scene. The officer then skypes in with the judge to formally swear to the warrant.

Skype is a technology where computer users can see and speak to one another at the same time using the computer's camera. Once the judge accepts the sworn affidavit for the warrant, he or she can sign it and the officer will then be able to conduct a blood test on a driver suspected of DUI.

Continue reading "Palm Bay Police Using Skype to Obtain Warrants in DUI cases " »

When a driver is pulled over and suspected of DUI, an officer may ask the driver to submit to field sobriety tests. (FSTs) If you refuse these tests, the officer will claim there is probable cause to take you to the station to take a breath test on the Intoxilyzer.

If you decide to submit to these tests, and the officer finds clues showing alcohol impairment, then the officer will have probable cause to arrest you and take you to the station.

Officers are trained by various state agencies in conducting these FSTs. However, many times they fail to remember their training. Their are certain clues and signs they are supposed to be looking for during each FST. The most common examples of FSTs are the (1) portable breath test; (2) walk and turn; (3) horizontal gaze nystagmus (shine light in eye and watch for jerking); (4) and the one leg stand.

Continue reading "What are field sobriety tests?" »

This really kind of is the million dollar question. If you have had a lot to drink, it is probably not in your best interest to blow in the Intoxilyzer.

As attorneys, it is more difficult (but not impossible) to defeat Intoxilyzer results especially if the machine has been properly calibrated and maintained. Please keep me in mind there are penalties for refusing a breath test. An administative hearing will be held to determine whether or not your license will be suspended.

These hearings are quasi criminal in nature because the prosecutor does not have to prove every element beyond a reasonable doubt, but by the civil standard, "by a preponderance of the evidence." If you are charged with DUI or any other criminal offense, you should contact an experienced criminal law attorney.

Continue reading "If I am charged with DUI, should I blow at the station? " »

In the state of Florida, if a driver operating a motor vehicle with a commercial license is stopped and suspected of DUI, the thresholds and penalties are more severe than those without CDLs. If the driver refuses a breath test, it is an automatic suspension of the license for 1 year.

You will have a chance during the administrative license hearing to contest the suspension. However, if you are not able to convince the court that you had no reason to refuse the test your license will more than likely be suspended and you could very well lose your job.

If the CDL license holder takes the test and blows more than a .04, than his or her license will be suspended for 1 year. Second refusals or convictions will result in a permanent susension for a CDL.

Continue reading "Florida DUI Penalties for Those with CDL licenses" »

The short answer is possibly. The State must prove every element beyond a reasonable doubt and if the prosecutor feels the facts of the case are not favorable to the State, they may offer a reduced charge such as wreckless or careless driving. All this means is if the defendant agrees to plead guilty to wreckless driving, the State will not pursue the DUI charge.

Penalties are far less severe for a wreckless driving citation than a DUI conviction. If you are convicted of a DUI, you will probably have to pay fines, attend treatment classes, and could possibly face jail time. You should consult with an experienced criminal law attorney before going to court for a DUI charge or agreeing to any plea deal for traffic citations. There may be defenses available that you are not aware of, depending on the facts of your case.

Continue reading "If I am charged with a DUI, can it be reduced in Florida? " »

The suspect was reported to pull over because police were investigating a nearby crash. However, the suspect nearly ran over the deputy as he attempted to pull over.

When the deputy approached the suspect, he alleges he smelled alcohol on the suspect and noticed he was slurring his speech. He then offered field sobriety tests which suspect allegedly failed.

Portable breathalyzer results are not admissible as evidence in court, but the results (along with the suspect's behavior and other field sobriety exercises) are allowed to be used as probable cause to bring a suspect down to the station to take the official breathalyzer. An officer must have sufficient reasonable cause to arrest someone for any crime.

To learn more about this story, please visit, Man arrested for DUI after nearly hitting deputy.

Continue reading "Cape Coral Man Charged with DUI after Nearly hitting a Deputy" »

The state of Colorado is really looking to take a brash approach to illegal substances and DUI. The new law will allow officers and deputies to charge anyone suspected of DUI from an impaired substance if even the smallest traces of an illegal substance were found in a driver's system. Colorado officers are permitted to give blood tests to anyone suspected of DUI from an impaired substance.

If the law is passed, Colorado will only be one of three states to implement such a zero-tolerance policy. However, there is one small problem. Colorado allows residents to use marijuana for medicinal purposes. The law would allow these citizens to drive but only if they can do so unimpaired.

To learn more about this article, please visit Colorado Considering Marijuana DUI Law.

Continue reading "Colorado Taking No Tolerance Approach to Illegal Substance/DUI" »

Newly elected governor, Rick Scott, is shaking things up in the restoration of civil rights department. Scott, along with the clemency board, have enacted legislation that convicted felons will no longer have the right to automatic restoration of civil rights after their sentence is complete.

Felons who were convicted for nonviolent crimes will have to wait 5 additional years after their sentence is complete before having their civil rights restored. Felons convicted of violent crimes will have to wait an additional seven years and they will have to apply for a hearing with the clemency board.

Many are opposing Governor Scott's new law, but Scott and his staff are standing behind the change 100%.

To learn more about this article, please visit Scott, clemency board do away with automatic restoration of rights for felons.

Continue reading "New Civil Rights Restoration Rule for Felons" »

Former University of Florida star basketball player, Dan Werner, was arrested and charged with DUI this past weekend. Werner was pulled over in Gainesville around 12:30am and allegedly told police that he was driving because his girlfriend was intoxicated. He also allegedly admitted to drinking two whiskeys drinks.

In addition, the officer's report stated that Werner's eyes were glassy and bloodshot. Werner then agreed to take the breath test and blew a .065 and .070. The legal limit in Florida is .08. Officers will have you blow twice for machine accuracy purposes, however, if there is a large deviation between the two numbers (usually more than (.05)) then the results may be deemed inaccurate.

To learn more about this article, please visit Former Florida Gator basketball player Dan Werner charged with DUI.

Continue reading "Former UF Basketball Star Charged with DUI But Blew Under Legal Limit" »

In a recent post, we discussed how Miguel Cabrera, star baseball player for the Detroit Tigers, was charged with DUI in February. He refused his breath test, therefore, he has an administrative hearing this week to determine if his driver's license should be suspended.

Arresting officers will have to prove that they had probable cause to arrest Cabrera on DUI related charges, that the implied consent laws were read and understood by Cabrera but he refused the test anyway.

When someone operates a motor vehicle in the state of Florida, they are deemed to have given their consent to taking a breath test if requested by law enforcement. Florida statutes codify this law. Suspects charged with DUI and who refuse the breath test may be able to get a temporary permit until the administrative hearing concludes. To learn more about this article, please visit, Around the horn: Miguel Cabrera could lose driving privileges.

Continue reading "Cabrera Looking at 1 year license suspension pending outcome of Administrative Hearing" »

A 22 year old University of Florida baseball player was recently arrested for driving under the influence. He was pulled over because he was swerving and making wide turns. In addition, the officer's report noted that the suspect's eyes were "bloodshot" and "glassy." Furthermore, the suspect player refused the breathalyzer.

He has been suspended from the team indefinetly for the time being. Although it does not bode well for the University, the player has not been convicted of anything yet. He is innocent until proven guilty beyond a reasonable doubt on each element of the crime.

To learn more, please visit Florida baseball player Bryson Smith charged with DUI.

Continue reading "UF Baseball Player Charged with DUI" »

A Flagler deputy was recently charged with DUI dating back to a crash that occurred in December 2010. The officer is charged with driving under the influence with property damage and careless driving. It is unclear the basis for which he is being charged with DUI.

No blood or breath test results have been released. In addition, it has not been determined whether or not the officer was on duty when the crash occurred. The officer has been placed on administrative leave for the time being.

To learn more about this article, please visit Flagler deputy charged in DUI crash.

The Detroit Tigers home for spring training is in Lakeland, Florida. On February 16, 2011, star first basemen Miguel Cabrera was arrested in Lakeland for driving under the influence (DUI) and two counts of resisting arrest without violence.

More reports and details have been released since the incident. Allegedly, Cabrera made death threats to a restaurant patron just before being arrested. It is still unclear as to why he made such threats, but it has been reported that such threats were made. Cabrera nor Cabrera's attorney has made comment on the recent reports. If you have been charged with DUI, you should contact an experienced criminal defense attorney to ensure your rights are being respected.

To learn more about this article, please visit Miguel Cabrera Reportedly Threatened To 'Kill All Of You' In Florida Restaurant Before DUI Arrest.

Continue reading "Detroit Tiger's Star Cabrera Charged with DUI" »

Florida adopted the Romeo and Juliet law and the purpose of the law is to allow an opportunity for the registered sex offenders to get off the sex offender list if they fit the proper criteria. The criteria is limited to those that may have been involved in a sexual relationship with someone four years their junior. The name of the law came from instances of teenagers engaging in such relationships with one being older than the other, the parents finding out and deciding to press charges for sexual battery with a minor.

Sometimes those that are registered as sex offenders in Florida have difficulty finding employment and establishing a residence. The idea for that is not punish those that engaged in a consensual sexual relationship with someone when they were a senior and 18 years old and their girlfriend/boyfriend was a junior and 16 years of age. So, the state decided to put these provisions forward to assist in having the proper outcome for the situation and not making a victim of both of the parties.

If you are on the Florida sex offender list and can establish that you were placed on the list for circumstances met in the Romeo and Juliet Statute, then you should speak with an experienced lawyer about your rights and options.

Patrol trooper Ronald Evans Jr. won the Hurd-Smith award for most DUI arrests with 238. This is the second year in a row a Pasco County officer has won the award.

Trooper Evans works out of the Land O' Lakes area. Hillsborough County had more DUI convictions in 2010 than any other county in the state, approximately 4,000.

The award is named after two fallen officers who were killed by drunk drivers in the line of duty. 10 troopers were honored and recognized altogether but Evans claimed the Hurd-Smith award.

To learn more about this article, please visit Pasco trooper wins award for making most DUI arrests in Florida.

In Florida, receiving a traffic ticket for driving on a suspended license does not necessarily mean you only have a traffic infraction. Often, such tickets are not handled in the typical traffic court setting, but in criminal court as a misdemeanor offense. Not being handcuffed and taken to jail does not mean that you have not been charged with a crime in this matter.

In Florida, the first offense for driving on a suspended license, if convicted, is a second degree misdemeanor; the second offense with a conviction is a first degree misdemeanor and the third convicted offense is a third degree felony. Punishments for such offenses, according to Florida Statute §775.082 include the following:
• A second degree misdemeanor per Florida Statute §775.082(4)(b), is punishable by no more than 60 days in jail.
• A first degree misdemeanor, per Florida Statute §775.082(4)(a), is punishable by no more than one year in jail.
• A third degree felony, according to Florida Statute §775.082(3)(d), a term of imprisonment for no more than five (5) years.

If you have received a ticket for driving on a suspended license, you should speak with an experienced criminal law attorney to help you better understand your rights an options in defending the case.

Yes. Florida law recognizes boating under the influence. The same legal limit for motor vehicles applies to boaters. That legal limit is .08 blood alcohol or breath content. The threshold drops to .02 if the boater is under 21 years old. However, one can be charged with boating under the influence without taking the test as long as the officer believes the boater to be operating the boat under an impaired status (whether under the influence of drugs or alcohol). This is very subjective and many times officers make mistakes. It is much harder for officers to conduct field sobriety tests on a boater unless they bring the boater to shore.

Continue reading "Can I be charged with boating under the influence in Florida? " »

Police checkpoints can be expected this coming weekend in Atlantic Beach in anticipation of the St. Patrick's Day festivities. Additional police force will most likely be out in other parts of the Jacksonville area also.

If you are stopped at one of these checkpoints, be cooperative and respectful to the officer. The more you avoid cooperating with them, the more suspicious they are going to be. If you are arrested for driving under the influence or open container, you should contact an experienced criminal defense attorney.

Driving under the influence is a serious charge and can affect the rest of your life. Make sure your rights and best interests are being served.

To learn more about this article, please visit DUI checkpoint this weekend in Atlantic Beach and other police news in Jacksonville Beaches area.

Continue reading "Police out in full force this Weekend for St. Paddy's Day" »

Law enforcement was "pleased" overall with the bike week festivities that occured in central Florida this past weekend. Volusia and Flagler counties had a number of arrests for DUI and other traffic violations, but the fatality rate was down compared to past years. Motorcycles are considered "motor vehicles" under the DUI statute.

Therefore, a driver of a motorcycle has the same protections as autimobile drivers but they are also subject to many of the same automobile statutory infractions and penalties.

To learn more about this article, please visit Law enforcement: Event 'quiet'.

Continue reading "Overall Success at Bike Week in Daytona" »

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Before the introduction of the Romeo and Juliet Law in Florida, two victims may have existed in a sexual battery of a minor conviction. Florida law stated that a minor (16 years of age and under) cannot consent to having sexual intercourse. Therefore, the older boyfriend or girlfriend of a minor could be charged and convicted of statutory rape and be placed on the Florida sex offender list for a lifetime if s/he engaged in intercourse.

The Romeo and Juliet Law, which was established in 2007 protects the older boyfriend/girlfriend from being placed on the sex offender list if the sex was consensual and s/he is no more than four years older than the minor. This law protects individuals from a life sentence of the Florida sex offender list if the minor’s parent simply reported the relationship because the parents did not agree with the nature of the relationship, hence the name, “Romeo and Juliet”.

The sexual battery law now states that sexual battery occurs when someone 24 years of age or older engages in sexual intercourse with a minor 16 or 17 year old. However, those who engaged in such activity with the prior age of a minor being 16 years of age falls under the Romeo and Juliet law as long as that individual was no more than 4 years older than the minor.

If you have been placed on the sex offender list for engaging in a relationship with a minor and you were no more than four years older than the minor, then you may qualify under the Romeo and Juliet Law. For more information, you should speak with an attorney.

A legal definition of "probable cause" is where an officer has reasonable suspicion supported by circumstances that are strong enough by themselves to warrant a cautious person to believe that the named suspect is guilty of committing a crime. This determination is often made by a magistrate or a judge but more frequently is made by police officers on the spot of an arrest. In reviewing whether probable cause existed the court will look at the totality of circumstances, and analyze the officer's knowledge, practical experience, special training, and other trustworthy information. See Mathis v. Coats, 24 So. 3d 1284 (Fla. 2d DCA 2010) .

If you are stopped by a police officer and questioned this is called a Terry stop and no probable cause is required. However, for a police officer to take you into custody, there he\she needs to have probable cause. If the officer gains probable cause that a crime has been committed during the initial stop, they can either arrest you or investigate further.

Continue reading "What Is "Probable Cause" In Florida?" »

Same-sex marriage in Florida is not recognized. The State of Florida originally initiated a statute defining that same-sex marriage would not be considered legally authorized or recognized in the state of Florida. That, not being enough, in 2008, Floridian voted by 62% to institute Amendment 2 to the Constitution, which gave us the language of Article I, Section 2, defining marriage as, "the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
As other states, like Vermont, have inacted the right for same-sex couples to forge in the bonds of matrimony, that marriage is not given full faith and credit in states like Florida. In accordance with Florida Statute 741.212, such marriages that are valid elsewhere are not considered valid if the couple decides to reside in Florida. Therefore, a legal marriage is not legally dissolved in Florida.
This leaves a great deal of difficulty for same-sex couples and could potentially be construed as unconstitutional and interfering with ones right to travel, which has been upheld as a consitutional right by the U.S. Supreme Court, beginning with U.S. v Guest, 383 U.S. 745 (1966).
The real question becomes, when will a couple challenge the State's law? Couples that are moving to Florida for work in an economy desperate for jobs, are not afforded the same rights as a marriage between a man and a woman. Furthermore, if that couple is not able to work through their difficulties, divorce is not available to them in Florida. If the couple was legally married in Vermont, they have to return to Vermont to establish residency for at least six months before filing for dissolution and must live in the State for at least one year prior to the final order to meet the residency requirements of the State Court system.
If you are in a same-sex marriage and are in need of legal assistance regarding your rights in Florida, please contact an attorney who understands the laws and can properly assist you. Also, if you are in a same-sex relationship, there are financial protections you can have, it is important to find out all of your options from a qualified individual.

The former director of the Adoption by Choice agency, Debra West, of Tampa Florida recently pleaded guilty to charges of first degree grand theft for overcharging adoptive parents for adoption services. She was ordered to pay restitution in the amount of $178,000 to the affected parents or face up to thirty years in prison.

Because she paid the restitution she avoided jail time and was sentenced to fifteen years of probation for her crimes. She has also been required to pay an additional $4000 to cover the cost of her prosecution within thirty days.

Ms. West admitted to defrauding twenty couples between 2002 and 2005, by charging the couples for fake medical expenses which were supposedly owed to the birth mothers. She also charged the adoptive parents for the living expenses of the pregnant women, but did not pass all of the money on to the intended recipients.

In addition to the probation, Ms. West has been barred from doing any work in child placement, but will be allowed to counsel birth mothers considering adoption. Prosecutors said that while they wished to bar Ms. West from any financial interest in future adoptions, they did not want to take any action that would be considered denying her constitutional right to free speech.

Read more details of this case at Adoption scam nets probation.

If you are considering adoption, please contact our Jacksonville, Florida family law firm for assistance with the adoption process.

When Jason Jackson was two years old, his mother’s boyfriend killed her, then shot Jason in the head before shooting himself. Jason survived the shooting, but it cost him his mobility on the right side of his body.

Jason’s grandfather, Duncan Jackson, took custody of his disabled grandchild, and has refused to let Jason’s disabilities get in the way of his education or self-confidence. So Jackson enrolled Jason in Jump Start Strings, a program offered by the Jacksonville Symphony Orchestra in conjunction with Communities in Schools. Jason has learned to play the violin, and built his self-esteem through a program that focuses on what he can do rather than what he can’t.

Grandparents are increasingly taking on the roll of primary caregiver for children across the country. Census figures reveal that 8 percent of children in the US – 5.7 million –are living with their grandparents rather than their parents. Unfortunately, grandparents are usually called on to step in when violence or crime takes a parent out of the picture, like in the case of Duncan and Jason Jackson. According to the Annie E. Casey Foundation, 1.5 million American children have at least one parent behind bars, and the number of women in prison has increased fifty seven percent between 1995 and 2005.

In Jason Jackson’s case, he is very lucky to have a loving grandparent to take custody of him, and take such an interest in his well-being. You can read more about Jason’s story at Grandparents often forced to become parents, again.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

According to Lt. Derrick Lewis of the Jacksonville, Florida Sherriff’s Office, a man named Rico McMillan was allegedly engaged in a domestic dispute with his girlfriend when he began battering her and threatening her with a gun in front of their three children. He later barricaded himself inside the home, which is on Pasco Street in downtown Jacksonville, just a few blocks from Jacksonville Municipal Stadium. He apparently allowed the woman and children to leave before he barricaded himself into the house; they were not inside when police arrived.

Just after midnight, the SWAT team arrived and became engaged in a standoff with McMillan. Eight hours later, the standoff finally ended and police were able to enter the house and arrest McMillan without incident, just as the Gate River Run was getting underway a few blocks away. He has been charged with a single count of aggravated battery.

People involved in a relationship can become very irrational when they are angry. All too often that anger can explode into violence. Even though no one was injured in this domestic violence incident, the possibility was certainly there for someone to get hurt or even killed.

If you are the victim of domestic abuse, you should seek help immediately, and then contact our Jacksonville, Florida divorce law firm.

Read more about this incident at Law & Disorder: SWAT team ends 8-hour standoff.

Arnold Rice Sharkey, a veteran officer of the Jacksonville police force, was arrested recently and charged with aggravated assault with a deadly weapon and domestic aggravated assault. Officer Sharkey allegedly used his Chevrolet as a weapon against his estranged wife, Victoria Sharkey, and her brother.

According to Ms. Sharkey, who filed for divorce in January of 2009, Sharkey visited her at her place of employment earlier in the afternoon that same day. He later drove by her office again just after five pm and then parked down the street from the entrance to the building.

When her brother picked her up from work at 5:30 pm, Sharkey allegedly attempted to block Ms. Sharkey and her brother from leaving with his car, then went around behind their vehicle and pursued them down New Berlin Road, bumping their vehicle from behind. After bumping the vehicle three times, Sharkey’s vehicle flipped over and landed in a ditch.

Sharkey was taken to Shands Jacksonville for treatment of his injuries, and was later taken to jail. Sharkey told police that he went to see his wife because of a custody dispute; he said that she was not allowing him to see their children, and he hoped to convince her to take him to see them.

Read more about this alleged incident of domestic violence over child visitation issues at Jacksonville officer charged in ramming vehicle in domestic incident.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Christopher Stokes and Richard Douglas snatched an eight year old child from his father’s arms and then called police to ask if they were acting in accordance with the law. Apparently, the child’s mother, Laporsha Davis, believed that her estranged husband and child were homeless and living on the streets, so she asked the two men to take the child away from him.

The two approached George J. Davis as he stepped out of a cab. They demanded that he hand over the child, and when he refused they grabbed the boy and drove off with him. Davis recognized one of the men as a friend of his wife’s. He called his brother, who then called 911. Davis told police that he had actually been on the phone with Ms. Davis when the abduction took place. She had told him that she was planning to take the child away because she believed that he was not taking proper care of him.

When police contacted Ms. Davis, she admitted to asking the men to take the child, but did not want to tell police where they had taken him or contact them to ask them to return him. An hour after the kidnapping, a 911 operator received an anonymous call from a man inquiring about Florida child custody law. He asked if a parent could give verbal consent to give up custody of a child or if "there was paperwork involved." The operator told him it was felony kidnapping and he hung up.

Police were able to track the cell phone the caller used to find the two men and the child. The men are facing felony charges of interfering with child custody. Find out more details of this child custody battle at Police: Men snatched child from dad at I-Drive motel.

If you are involved in a child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Joseph Reyes of Chicago Illinois was raised Catholic, but converted to Judaism when he married his wife, Rebecca, who is Jewish. The couple is now involved in a bitter divorce battle, which includes questions about which religion their daughter will be raised in. The family law judge assigned to the case, Edward R. Jordan, had barred Reyes from taking his three year old daughter to church.

Reyes defied the order and was brought back to court on charges of indirect criminal contempt. He has pleaded not guilty to the charges. If found guilty, he could face six months in jail. Reyes asked to have his contempt charges heard by a different judge, and Judge Elizabeth Loredo-Rivera presided over his arraignment.

The girl has been in the custody of her mother since the marriage ended, and has been raised in the Jewish faith. The court order barring Reyes from taking his daughter to church was precipitated when he had her baptized without his wife’s permission. When Ms. Reyes found out about it, she asked the judge for a temporary restraining order. Judge Jordan then imposed a thirty day restriction against Reyes exposing his daughter to any religion other than Judaism.

When Mr. Reyes brought his daughter to church after the restraining order was handed down, he called the media. He was later featured talking about the order on Good Morning America. Ms. Reyes’ attorney has charged that Reyes is not particularly religious, and implied that Reyes is grandstanding. Read more about the case at Dad Pleads Not Guilty on Violating Court Order For Taking Daughter to Church.

If you are involved in a custody battle, please contact our Jacksonville, Florida law firm for legal counsel.

Sergeant Jeffrey A. Grahn of the Clackamas County, Oregon Sheriff’s office was the last person anyone would suspect to go on a shooting spree that ended in him taking his own life. Grahn was a big proponent of trauma intervention, and even taught a course on it at the Clackamas Community College to help volunteers learn how to effectively help people in crisis.

But Grahn and his wife, Charlotte, were in the middle of negotiating their divorce, and the stress apparently took its toll on him. On a recent Friday afternoon Grahn went and found his estranged wife at a bar with friends. He asked her to step outside, where he shot and killed her. He then went back into the bar and shot two of his wife’s friends, killing one and injuring the other. He then left the bar and shot and killed himself outside.

The murder/suicide has seriously affected this small Oregon town. The Sheriff is left wondering why Grahn didn’t take advantage of the employee-assistance program, peer-support team, or chaplain services his office has in place to help officers through personal troubles. To read more about this tragic incident, visit Before his own burst of violence, Clackamas deputy worked in trauma intervention.

If you are involved in a divorce, please contact our Jacksonville, Florida law firm for legal counsel.

In the state of Florida, if a parent has been convicted of misdemeanor, first degree or felony domestic abuse charges, the judge may rule that it is not in the child’s best interest to award custody or visitation rights to that parent. The same is true if the parent is in prison for a crime that would warrant terminating parental rights. If a parent is denied parental responsibility by the courts, he or she has the right to ask a judge to consider evidence that might prove that it would not harm the child to allow the parent custody or visitation rights.

If the parent has not been convicted of a domestic violence or child abuse offense, the judge will generally consider evidence of abuse, even if the accusing party has never filed an injunction for protection from domestic violence against them. The judge will use the evidence to determine what type of parental rights the alleged abuser is entitled to.

If an abusive parent is awarded visitation rights, the other party may request that the visits be limited or supervised. It will be up to the judge to decide whether or not the abuser represents a risk to the child or the other parent that warrants supervised or restricted visitation.

If further violence does occur, the other party may still apply for an injunction for protection against domestic violence. Read more about Florida statutes that pertain to child custody at Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)?

If you are involved in a child custody battle, please contact our Jacksonville, Florida law firm for legal counsel.

Michael Snyder was missing for eight years before police found his body recently, buried in the backyard of what used to be his home. His wife, Ellen Snyder, has been charged with killing Snyder in 2002. Ms. Snyder’s attorney, Penni Adrian, is speaking out in order to dispel false rumors about her client’s motives for murder.

According to Adrian, the Snyders did not have a prenuptial agreement, and Ms. Snyder did not receive a million-dollar payout from an insurance policy on her husband’s life. Adrian continued by saying that Ms. Snyder was abused by her husband during their nine year marriage. The abuse reportedly got worse after Snyder was diagnosed with multiple sclerosis in 2001. However, according to Albuquerque police, they never received any domestic violence complaints from the couple or their neighbors.

Adrian went on to say that Snyder became involved in a sexual relationship with another man. According to police records, around the same time, a co-worker of Ms. Snyder noticed bruising on her shoulders and gave her a gun to protect herself. Soon after, Snyder woke his wife up at 3am and started a fight with her. She warned him to stop because she had a weapon, but he laughed at her. According to police, Ms. Snyder fired all eight rounds at her husband, waking her seventeen year old son. When her son saw that Ms. Snyder was unharmed, he decided not to call the police. The two then allegedly buried the body in the backyard.

Sometime later, her son began confiding in other people what had happened that night. One of those people worked for Ms. Snyder, and when she fired him, he went to police with the story. Ms. Snyder and her son both confessed to police right away, and say they feel relieved to have the truth out in the open. The case is now with the district attorney. Find out more about the case at Attorney Reveals Ellen Snyder's Story.

If you have been the victim of domestic violence, please seek help immediately, and then contact our Jacksonville, Florida law firm for legal counsel.

After three years of a bitter divorce battle, a Connecticut man, Richard Shenkman, allegedly kidnapped his ex-wife, Nancy Tyler, holding her at gunpoint and burning down their former home. He also allegedly burned down Ms. Tyler’s beach house two years earlier. Mr. Shenkman had been ordered by the divorce court to turn the home over to his ex-wife and to pay her $100,000 for legal fees. He reportedly told police that he kidnapped his wife and burned down the home because he was afraid he was going to be held in contempt of court for not paying the settlement as required.

Ms. Tyler is currently unable to rebuild her beach home, because Shenkman has filed a civil lawsuit claiming that he is entitled to half of the homeowner’s insurance settlement, even though Ms. Tyler was granted the property in the divorce. Her attorneys asked the court to dismiss the lawsuit, which it did, but Shenkman immediately appealed the decision. Ms. Tyler will be unable to collect any money until the matter is settled. In the meantime, Ms. Tyler is required to continue paying the mortgage, taxes and insurance on the now vacant lot.

She has attempted to sell her other property, but since Shenkman had let the homeowner’s policy lapse, she must pay off the mortgage, taxes and insurance before the property can change hands. Even though the couple had paid off the mortgage during their marriage, Ms. Tyler learned during the divorce that her husband had taken an equity line of credit on the home and then stopped paying it. With the principal and fees the balance is now $100,000. Shenkman had also stopped paying the property taxes, meaning that Ms. Tyler owes the town $32,000 in back taxes.

Shenkman has been found in contempt of court and ordered by a judge to pay Ms. Tyler nearly $180,000 for legal and other fees, and will be held in custody until he does so. You can read more about this less than amicable divorce by visiting Shenkman's former wife trying to dig her way out of divorce debt.

If you are considering divorce, please contact our firm for legal counsel.

A Jefferson City, Missouri woman, Terri Chilton, has been arrested and charged with first degree endangering the welfare of a child. The victim was her own one year old granddaughter, whom Ms. Chilton allegedly fed blood thinners in order to make the child ill.

Ms. Chilton reportedly engaged in a series of actions designed to make the girl’s parents believe that she had ingested rat poison. She has claimed that she committed these acts in the hopes that the child’s illness would prompt her parents to reconcile; their marriage was reportedly in trouble and the two are in the process of getting a divorce.

The poisoning caused the child to bleed uncontrollably from her mouth, nose and two minor scratches. She survived the bleeding, but it is unclear if there was any permanent organ damage caused by the blood thinners.

Ms. Chilton has been charged with these crimes but is innocent until proven guilty. That anyone, especially a relative, would intentionally feed poison to a small child is unthinkable.

Find out more about this topic at Terry Chilton, 41, Accused of Drugging One-Year Old Granddaughter With Blood Thinner.

Drew Peterson is about to stand trial for the murder of his third wife, Kathleen Savio. A hearing to determine whether hearsay evidence will be allowed at trial included testimony from a few associates of Drew Peterson’s fourth wife, Stacy. Drew Peterson is a suspect in Stacy Peterson’s disappearance, but has not been charged with a crime in relation to it.

At the hearing, a neighbor of Drew and Stacy Peterson, Sharon Bychowski, reported that Ms. Peterson had told her that she feared for her life after asking Peterson for a divorce. She reportedly told Ms. Bychowski that “if I disappear, Sharon, it’s not an accident. He killed me.” Ms. Peterson allegedly made the comments less than a week before she disappeared in October of 2007. Ms. Bychowski reports that she urged Ms. Peterson to put her fears in writing, in case anything happened to her, but Ms. Peterson replied, “it doesn’t matter, I’m already dead. He’s going to kill me.”

Peterson has always maintained that Ms. Peterson took $25,000 and ran off to Jamaica with another man. Ms. Peterson has not been heard from since her disappearance and her body has never been found.

Sometimes when a marriage goes bad it can result in violence to one spouse. If you are in an abusive relatioship, please contact our Jacksonville, Florida area law firm for legal counsel.

Find out more about this topic at Peterson's neighbor: Stacy warned Drew would kill her.

Kate Prout has not been seen since she vanished from her home in Gloucestershire, England in late 2007. She left behind her passport, credit cards, what appeared to be all of her clothes, and a diary detailing violent fights with her husband and her fear for her own life.

Despite the fact that no trace of Ms. Prout was ever found, Mr. Prout was arrested shortly after her disappearance and now stands trial for the murder of his wife. According to the prosecution, Ms. Prout disappeared not long after demanding an eight hundred thousand pound divorce settlement from her husband. The only way he would have been able to raise the money would be to sell his family farm, which he did not want to do.

The prosecution also points to the fact that police had been called to the couple’s home for a domestic violence complaint shortly before Ms. Prout’s disappearance. At the time, she claimed that her husband had threatened to kill her and that he said he “knew people who could get rid of bodies.”

When a marriage goes bad, all too often one member of the divorcing couple loses all sense of reason and resorts to violence. Violence is never the answer, and only makes things worse for both parties. If you are considering divorce, please contactour Jacksonville, Florida area firm for legal counsel.

Read more about the disappearance of this retired schoolteacher at Retired teacher Kate Prout vanished after demanding £800,000 divorce.

Ivana Trump, the sixty year old first ex-wife of Donald Trump, was in the first class section of a plane bound for Palm Beach, Florida, when the stress of her latest divorce pushed her over the edge. After asking to be moved to a different seat, Ms. Trump started screaming at a crying baby, swearing at the child and then berating other children on the flight with profanities. Since the flight had not yet left the ground, the flight crew decided to return to the terminal. She then reportedly started screaming and ran past attendants into the cockpit. The pilot told her to get out, but she sat down in a seat in the cockpit and refused to move.

Security was called to physically remove her from the plane, and she was promised another flight later in order to calm her down. Sources say that the incident was likely sparked by stress from her latest divorce. The former Ms. Trump is divorcing her thirty seven year old Italian husband of twenty months. Find out more about Ivana Trump’s airplane tantrum at Ivana Trump Kicked Off Plane….Divorce Stress?

Divorce can be very stressful. If you are feeling overwhelmed by your divorce, it is important to seek counseling to help you deal with your emotions. For legal help with your divorce, please contact our firm for expert divorce law counsel.

Christopher Alan Lynch of Palm Bay Florida, was reportedly angry about learning that his estranged wife had found a new boyfriend, and responded by holding the woman and their two children, aged eleven and fourteen, hostage at gunpoint. Police were alerted to the incident by a 911 call from the woman’s new boyfriend. The Palm Bay SWAT team was called out to the house.

The wife managed to escape around midnight and the children escaped sometime later; Lynch was apparently falling asleep intermittently. He surrendered to police in the early morning hours. He appeared to be under the influence of alcohol or narcotics, and was taken to the hospital. He has been charged with false imprisonment, child abuse, aggravated assault with a firearm and battery by strangulation. Police reported that they had been called to the house about domestic violence when the couple was still living together but that the wife had not pressed charges.

Even though this couple was not together any longer, people can become very irrational when they are hurt or angry, especially if they are using drugs or alcohol. It happens all too often that a former husband or boyfriend becomes violent when he learns that his former partner has moved on without him. If you are the victim of domestic abuse, you should seek help immediately, and then contact our firm for expert legal counsel.

Read all the details of this terrifying standoff at Father's arrest ends standoff in Palm Bay.

Mildred Muhammad, ex-wife of DC Sniper John Allan Muhammad, gave an interview to Larry King the night before her husband was to be executed for his crimes at a Virginia state prison. Muhammad left 10 dead in a shooting spree that his ex-wife believes was destined to end with her as its final victim.

Ms. Muhammad said she felt very guilty about the victims of her ex-husband’s rampage, which left millions of DC residents fearful of going out in public. She claims that she had done “everything I knew how to do” to bring Mohammad’s violent and abusive nature to the attention of authorities, but it wasn’t enough. And she feels ashamed for not realizing that his violent behavior would extend beyond her, to affect other people.

Ms. Muhammad had divorced her husband because of his allegedly abusive behavior towards her. Authorities maintain that Muhammad started killing random strangers as a cover up, with the ultimate goal of shooting his wife the same way, so that he could take custody of their three children. Muhammad has always claimed that he is innocent of the charges.

Ms. Muhammad has worked through her guilty feelings and is concentrating on caring for her three children during this emotional time. Muhammad’s first wife, Carol Williams, was also interviewed by King, and said she planned to visit Muhammad in prison with their son before the execution. You can read more about the interviews at Ex-wife of infamous 'D.C. Sniper' felt guilty about shootings.

Domestic violence is very dangerous behavior, and it this case is a tragic example of how far it can go if left unchecked. People who are in reasonable fear of being in imminent danger of domestic violence should take very action to protect themselves, including calling the police and taking out an injunction.

If you are a victim of domestic abuse, please contact our firm to explore your legal options.

David Swain of Jamestown, Rhode Island, nearly got away with murdering his wife, Shelley Tyre, during a scuba diving trip to the British Virgin Islands ten years ago. Prosecutors called it a “near perfect” murder, but this month a jury has convicted him of murder – and he may spend the rest of his life in a Caribbean prison.

Even though Ms. Tyre was an experienced diver, police had written her death off as a tragic drowning accident. But Tyre’s parents were convinced that Swain had killed their daughter, and they filed a civil suit against Swain in Rhode Island. In 2006 the state of Rhode Island found that Swain was responsible for his wife’s death and awarded the Tyres $3.5 Million; that judgment convinced the British Virgin Islands to charge Swain with murder. During the trial, the prosecution claimed that Swain had found a new girlfriend, and killed his wife for her inheritance of $630,000. The jury convicted Swain unanimously. Swain’s attorney plans to appeal.

It is unfortunate that time after time, men choose to kill their wives to pursue an affair or another romance instead of just divorcing the wife. They always get caught. No matter what the circumstances, people should consider getting a divorce and dividing the assets; violence is never the answer. Even a lengthy divorce is better than going to prison. You can find out more details about this case at US man convicted of scuba death of wife in BVI.

If you are having trouble in your relationship, and would like to find out more about the option of divorce, please contact our firm for expert legal counsel.

Recently, a married Scottish couple lost custody of two of their children after failing to comply with Scottish social services’ warnings to reduce the children’s weight. A woman in South Carolina has also lost custody of her son and is facing criminal child neglect charges after the child’s doctor reported concerns about his weight to social services. There have been several other similar cases in the US and Canada. The public may not have heard about the growing number of cases because of child privacy laws.

Many states are now considering the obesity of the children post divorce in modification actions. A modification is a change to any final divorce judgment and is based on a substantial change in circumstances of either party since the entry of the final judgment. If the final judgment grants custody to the wife and two years later the kids are 300 pounds, the courts COULD change the custody to the father if the court finds that it is in the best interests of the children to change the custody and if the courts find that the weight of the children is now a substantial change in circumstance. Now, obesity of the children could be one of the considerations in a change of custody issue and is an interesting legal argument to keep an eye on.

If you are engaged in a child custody battle, please contact our firm for expert, compassionate legal counsel.

Find out more on the issue of childhood obesity at Should Parents of Obese Kids Lose Custody?

A Nevada couple recently woke up with a car on top of them in their own bedroom. After an hour of being pinned down to the bed with motor fluid raining into their faces, the two college students, Kristin Palmer and Trent Wood, were rescued by emergency workers. They suffered remarkably minor injuries. The man driving the car, Eric Cross, allegedly slammed into the house not only because he was drunk but also because he thought the house was that of his ex-girlfriend and her new boyfriend. Cross has been charged with battery with a deadly weapon, possession of a stolen vehicle, driving without a license, and careless driving. According to the Washoe County Sheriff’s office, Cross was also drunk at the time of the accident.

The end of a relationship is a difficult time, and people often let their emotions and pain get the best of them during the dissolution process and do things to harm their own case, especially when child custody is involved.

If you are having marital or criminal problems, and would like to find out about your options, please contact our firm for expert, compassionate legal counsel.

Find out more about this horrific accident and the couple’s ordeal at Couple alive after car pins them to bed for almost an hour.

Written By: Lenorae C. Atter
Family Law Attorney, Wood, Atter & Wolf, P.A.

In February Haleigh Cummings disappeared. A short time later, the last person to see her, Misty Croslin Cummings married Haleigh's father, Ronald Cummings, which caused people to speculate whether the marriage was due to the Husband-Wife Privilege in Florida, which allows for couples to claim conversations as confidential in Florida.
However, the problem with such speculation in this case is that Haleigh is the child of Ronald, and the Privilege only extends to matters not involving a child of one of the spouses. Since Haleigh is the Child of Ronald, regardless of marriage/divorce, Ronald nor Misty could claim the privilege.
The fact they are divorcing would not be the determining factor in claim of the privilege because public policy mandates that spouses should be able to talk openly and honestly during the marriage without worry for whether the marriage will last forever. That's a good thing, since divorce, especially in Jacksonville, Florida, is still on the rise.

Written By: Lenorae C. Atter
Family Law Attorney, Wood, Atter & Wolf, P.A.

In Putnam County, Florida Haleigh Cummings went to bed on February 10, 2009 and has not been seen since. The last person to see Haleigh is Misty Croslin Cummings, who was babysitting the night of the disappearance and soon thereafter married Haleigh's father. Now, the couple is divorcing and blaming the stress of Haleigh's disappearance as the reason. However, most people remain skeptical at this idea.
In Florida, there is a Husband-Wife privilege that gives spouses the ability to claim the privilege in court when their confidential conversations are questioned. This is a privilege because there is a strong public policy that spouses should be able to speak openly and honestly with one another. There was speculation that this privilege led to the marriage of Misty and Ronald Cummings after Haleigh's disappearance. Now that they are divorcing many are wondering if it means Ronald knows more about Misty Cummings's involvement in the disappearance of her stepdaughter. However, the privilege attaches even after the marriage has ended.
More on this issue tomorrow regarding the Husband-Wife privilege in cases involving crimes against children of either spouse.

Written by: Lenorae C. Atter, Family Law Attorney - Jacksonville
latter@woodatter.com

A recent comment posted to the Romeo and Juliet Law blog posed a question regarding parental consent and whether a parent's consent helps to avoid the Romeo and Juliet legal process.
For those of you who do not know, Florida Romeo and Juliet Law is a law that makes it possible for an individual who has been convicted of having sex with a minor, when the sexual relations were consensual, to get their name off the Florida sex offender list. There are multiple provisions, which I have discussed in prior blogs as well.
To go to the question of whether a written consent of parents avoids the Romeo & Juliet process, the answer is, it depends. Typically these actions are brought because the parents of a minor discover that the minor is having consensual sexual intercourse with an older individual and they (the parents) decide to bring charges. That is normally what initiates the conviction process to begin with. Now, when you petition the court for removal from the sex offender list, and the parents are now okay with the situation, then it would not hurt to have their consent.
However, as I told the individual that sent me the question, if charges were brought by an uninterested person (not the parents or the minor), then having the parents on your side may help to avoid the conviction. In law, there are no guarantees. If you or someone you know if affected by these laws, then it is best to contact an attorney.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

More courts throughout the country including Florida are recognizing a condition called Parental Alienation Syndrome or PAS. PAS in Florida is most recognized in contested child custody cases. PAS occurs when one parent pits the child or children against the other parent in a child custody dispute and indocrinates the child with disparaging remarks about the other parent in an attempt to wreak damage to the parent/child relationship and to taint the child's view of the other parent. In some cases where PAS has been alleged, the courts have transferred custody to the parent who is being alienated in order to preserve the relationship. In some jurisdictions, PAS is charged as a criminal offense. In Florida and most other jurisdictions, the courts use the best interests of the child standard and most often, alienating one parent from the child is not in the child's best interests. For more information about this issue and other issues involving divorce, child custody, child support, or family and criminal law issues, please contact our firm for expert advice.

Written By: Lenorae C. Atter, Family Law Attorney
latter@woodatter.com

Recently married, Dalia Dippolito, was arrested for attempted the solicitation to commit first degree murder against her husband. The Boynton Beach case has sparked national attention, since her arrest on Wednesday, August 5. On Thursday, Dippolito was released on bond and placed on house arrest, in the home of her mother.
Many are asking why a newlywed would plot to kill as oppose to divorce. The question then becomes whether she married to kill in the first place. In a Florida divorce, a short-term marriage does not typically provide for alimony and division of assets are only those accumulated during the marriage. If most of the wealth was established prior to the marriage, Dippolito would not get much out of a divorce. As a widow, however, she would have gotten her share as determined by will, life insurance policies, etc. That could have been the motive behind the plot to kill.
Dalia Dippolito allegedly paid a hit man (turned out to be an undercover officer) $1,200 for a handgun and $3,000 to kill her husband. The Boynton Beach police went along and even staged a crime scene at the home while the wife, Dippolito, was at the gym. It was not until she was taken to the police station that Dalia Dippolito was informed that her husband is alive and was sitting in the adjacent room.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Florida, it's hot! Unfortunately, each summer in Florida, we see not just one but numerous news stories about children dying after being left in a hot car. I know these stories make the news almost weekly in Jacksonville, Florida. Many accidents happen as stress levels rise. If people are going through a divorce or the loss of employment, foreclosure, or leading busy lives or experiencing a change in routine, the chances of leaving a child in his or her carseat accidentally is enhanced. The Florida summers can be brutal and the ramifications of child neglect on an individual is more than brutal...it's devastating. These types of accidents inevitably lead to arrest, divorce, incarceration but the saddest consequence is death. Experts have provided advice on ways to prevent this deadly, devastating accident from happening which include:
1. Putting your purse, briefcase or work ID badge in the back of the car beside of the babyseat;

2. Keeping a stuffed animal in the front seat of your car as a reminder that the child is in the backseat;

3. Instructing your child's school or daycare center to alert you if your child does not arrive at his/her regularly scheduled arrival time;

4. Taping a reminder note to the steering wheel of your vehicle;

5. Installing an alarm device to the car seat that will alarm after you are a certain number of feet away from the vehicle.

If you have been charged with child neglect or have had that allegation raised against you by a spouse in Florida, please call our firm for the help you need.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I practice both family law and criminal law at Wood, Atter, & Wolf, in Jacksonville, Florida. In my experience, many times these two areas of law cross one another as either criminal activity causes a divorce or a divorce may cause criminal activity. In either of these situations you need an attorney who is well versed in both areas of legal practice so that you can be given the best representation possible. If a domestic violence situation is causing a divorce and there are criminal implications for the offending party, it is important to hire a practitioner who understands both areas of the law. If drugs have caused a divorce then you need a practitioner who has experience in defending the offending party and who has experience in dealing with substance abuse issues and the collateral damage that comes with a family who has been plagued by substance abuse issues. If a divorce has caused criminal activity such as child abduction or kidnapping, your divorce attorney should have experience in the criminal courtroom as well to best represent the issue in the dissolution.
At Wood, Atter & Wolf, I represent family law clients in divorce, child custody, child support, alimony, adoptions, property distribution and all types of cases but I also have vast experience in the criminal courtroom defending clients accused of misdemeanors from domestic battery to drug charges to felony charges such as kidnapping, armed burglary, armed robbery and sexual crimes. Please call our firm for the help you need and for expert advice.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Just about the worst thing that can happen to a parent is to have their child abducted. In the course of a divorce case with custody or time-sharing that is at issue, unfortunately, child abduction by a parent can be a real threat and a real reality. There are approximately 200 cases of parental child snatching every year. Sometimes these parents leave the home state of the child or remove the child from the United States altogether. Florida, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which rules that initial child custody determinations should be made by the child's home state. A child's home state is the state in which a child has lived with a parent or guardian for at least six (6) months.

Continue reading "Parental Kidnapping: What To Do To Recover Your Child in Florida!" »

In Florida until the inception of the Romeo and Juliet Law, statutory rape convictions, meaning sex with a minor, has created more than one victim. In Florida a minor cannot consent to having sex if she or he is 16 or under. What has occurred is that parents get upset that their child has engaged in sexaul intercourse with thier boyfriend or girlfriend that is a senior in high school and just turned 18, so the parent will bring charges. Until the Florida law changed in 2007, these individuals in their late teens early 20s were punished with more than probation, but a life sentence as a "sex offender".
In today's economic crisis with jobs being highly sought after, these individuals are struggling to keep their heads above water simply for choosing to be in a relationship with someone. The Florida Romeo & Juliet Law, which passed in 2007 is designed to protect individuals from the sex offender list when they engage in consensual sex with a minor no more than 4 years younger than the accused and the accused has no other sex crimes on his/her record.
This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society.

As a Jacksonville, Florida Family and Criminal attorney, I get to see Florida law from a different angle and I have noticed, when it comes to Florida criminal law, common sense seems to have left the building. At least thats the way it appears sitting from my defense table. Defendants are often misinformed that the State is going to see them as a person instead of as a case number and that mitigating factors that make each case different are going to be considered. Not true.
Look at Genarlow Wilson from Georgia.
Genarlow Wilson was convicted by a Georgia jury of aggravated child molestation for receiving oral sex from a consenting 15-year-old at a New Year’s Eve party. For this action, he was convicted and sentenced to a mandatory state prison term of ten years.

Continue reading "Florida vs. Common Sense: Florida Criminal Law" »

First, the Florida legislature changed child custody to "primary timesharing parent" in October, 2008. However, since most of us are familiar with child custody and custody issues, this article will still address the issue as the historic term, "custody."
In dealing in Florida Family Law, paternity cases and divorces with children, custody issues often arise and the Custody Evaluation is the single most important factor. In Jacksonville, Florida, many judges are relying completely on custody evaluations to determine who should get the majority of the time with the kids. Some Judges only read the conclusions of the custody evaluation to make their decision.
The evaluation is conducted by a professional, (usually someone with a psychology and law background) who will interview the parents, speak with witnesses, talk to the kids, look at school records, etc. Then the evaluator writes a recommendation which is usually quite lengthy if done correctly.
So how do you present well in the custody evaluation? Extend a mental olive branch to the other party. During your interview with the evaluator, do not destroy the other parent with disparaging remarks. Describe the parts of parenting that the other parent does well and be honest in your comments about the children's relationship with their other parent. Then share the things that do concern you because even though the other parent is an overall good parent, tell the evaluator why the children are better off having more time with you.
If there are serious "concerns" such as child abuse, molestation, or similar behaviors, then you MUST disclose those to the evaluator. These concerns should be addressed in a professional manner with the evaluator, by giving examples or reasons for the beliefs. While those issues are difficult to remove yourself from emotionally, try to keep calm when discussing them so the evaluator has all of the pertinent facts and information to further his/her investigation.
Throughout the process, it is important to remain as calm and beievably positive as possible. You do not want to come across as "Donna Reed" when really you're just a working, single mom trying to make ends meet. That goes for you single dad's too, don't try to be Mr. Cleaver, be yourself, but also be the better part of yourself.

An attorney in our Jacksonville, Florida law firm was the first attorney to get an individual's name removed from the Florida Sex Offender List based on the 2007 Romeo and Juliet Law. In Florida, criminal convictions of 17 to 18 year olds placed the tee on the Sex Offender List for having intercourse with their younger boyfriend or girlfriend. Prior to Florida adopting the Romeo & Juliet law, the law failed to distinguish between consenting teenagers and molestation of an adult with a child.
If an 18 year old, senior in high school dated a 16 year old, junior, and participated in consensual sex with that partner, the law deemed the 18 year old a sex offender or predator. Usually, the mother and/or father of the younger participant disapproved of the relationship and filed charges against the 18 year old. Upon the 18 year old's admittance of intercourse, the teen would be convicted and required to register as a sex offender for the remainder of his/her life and face the day-to-tay difficulties of any other sex offender.
In July 2007, the Florida legislature passed Florida Statute 943.04354, the Romeo and Juliet Law. Persons may qualify to petition for removal from the sex offender registry if prior to the enactment of this law, teenagers were convicted of a violation of a Sexual Battery under Florida Statute 794.011 or convicted as a Lewd and Lascivious person less than 16 years of age, under Florida Statute 800.04 . Under both of these laws, the teen was required to register as a sexual offender SOLELY on the basis of a conviction for one of those offenses. A harsh punishment for someone less than 4 years older than the "victim" that was their boyfriend or girlfriend at the time.
Many laws are not retroactive, meaning they do not change what has been done in the past, however, the Romeo and Juliet Law can sometimes be used to remove individals that were victims of the old law, from the Sex Offender list . Contacting a Florida lawyer is the first step to detemrining whether you or someone you know qualifies for name restoration.

In Jacksonville, Florida, police are losing the "war" on drugs. According to the FBI, in 2007, almost 2 million people were arrested on drug charges. Marijuana was the cause of almost 1 million of those arrests. Of those nearly 1 million arrested for marijuana related offenses, 89% were arrested for mere possession of marijuana.

Marijuana charges can result in drivers license revocation, job loss, professional licensing revocations, governmental aid revocations and more. Additionally, an arrest requires a defense in court. In the United States, the government has spent billions on the war on drugs which has created the additional expense of prosecuting all of the increased arrests. According to the FBI, 20% of the inmates in State prisons are there for drug related offenses. In 2008, Jacksonville has seen a dramatic increase in drug related arrests due to the increase of law enforcement in high drug areas. The drugs business is a big business for all involved including the government. In 2008, First Coast News 12 reported that a local man entered a McDonald's and attempted to pay for his meal with marijuana! The McDonald's employee called 911 and the man was arrested and in need of a good defense.