Jacksonville Criminal Attorney Blog

A long list of property crimes were recently reported in Clay County and compiled by Florida Times-Union staff writers. They range from an attempted robbery to thefts and burglaries.

Theft charges in Jacksonville can range from the minor -- walking into a convenience store with no money and walking out with a pack of gum -- to the major -- holding up an innocent person at gunpoint and getting away with their purse or wallet.

As the severity of the circumstances can vary, so too can the possible penalties. A person charged with these types of crimes can face a year in county jail if convicted of a misdemeanor, while someone who faces a felony charge for robbery, for instance, can face up to 30 years in prison if a weapon is used during the crime. Hiring a Jacksonville Criminal Defense Attorney who has seen many of these cases over the years is important and is one of the first steps in preparing to defend yourself from these allegations.

According to the article, people reported many crimes in a week's time span in Clay County. An unsecured lawn mower was stolen, as was a generator and air conditioning unit. People say a wallet and cell phone were left unattended and they, too, were taken. A golf cart, bicycle and gasoline also made the list.

Among the more serious charges reported was when a person said they were approached by a man they don't know in front of their home in Middleburg when the man put the victim in a bear hug and allegedly asked for money. When the person said they had no money, the suspect ran away.

Garage doors from a house under construction, a television from an apartment and music equipment from a house were all reported stolen after burglars entered their respective homes.

Under Florida law, a person can be convicted of burglary if the state can prove the suspects entered into a building and took property that doesn't belong to them. Burglary is different than robbery, which is taking property directly from a person, sometimes by force. Theft is typically defined as stealing something with the purpose of depriving the person of those goods.

The definitions of the crimes vary, and so do the penalties. Theft is typically charged as a misdemeanor, but can be charged even as a first-degree felony, which is punished by up to 30 years in prison, if convicted. A person could be charged with first-degree theft if they steal more than $100,000 from another.

Under Florida law, burglary and robbery are both charged as felonies and the degree depends on the circumstances. For instance, if a person uses a weapon during a robbery, the potential penalty will increase. If a person is assaulted or battered during a burglary, the suspect can face a first-degree felony as well.

Continue reading " Thefts, Burglaries and Robbery Reported in Clay County " »

News4Jax.com recently reported about a shooting and robbery on the east side of Jacksonville last month that police are still trying to solve.

The Jacksonville Criminal Attorney Blog reported on the case back in July.

Robbery in Jacksonville can be a terrifying event for a victim because it requires a person taking property or money by force or with the threat of harm. For that reason, many victims are so scared and out of sorts that they can't remember or make any kind of positive identification of their attacker.

So, while police may make a quick arrest, an arrest isn't necessarily proof that a crime was committed or that a defendant committed it. In a situation where a person is shot or shot at, the credibility of witness identification becomes even more of an issue. When a person is firing a weapon, people tend to duck for cover or run. Very few people stare at the shooter in order to get a positive identification, for fear they will get severely injured.

Therefore, hiring an experienced Jacksonville Criminal Defense Attorney is critical in order to bring up challenges to all of the state's evidence, including witness accounts, police reports, physical evidence and other alleged facts the prosecution tries to bring into play.

According to the news report, three men are sought in connection with the crimes that happened July 22 on North Market Street. According to police, the victim was confronted by three men, one of whom pulled out a gun and told the man to "give it up," referring to money, the station reports.

The armed suspect allegedly pulled the trigger twice and the gun clicked twice. He then pointed the gun in the air and shot a round. After the gunman ran away, the alleged victim went to a nearby store and waited about 10 minutes before walking home.

The victim was again confronted by the three suspects, who again asked for money. After refusing and walking away, one of the men shot him in the back with a black revolver.

Florida Statutes 812.13 defines robbery as taking money or property from a person. If a weapon is used, a person convicted of the crime can be sentenced for a first-degree felony, which is punishable by up to 30 years in prison. If no weapon was used, it is still a second-degree felony, which means a person faces a maximum of 15 years in prison.

Under the state's 10-20-Life Law, however, a person who uses a weapon in a crime faces a mandatory 10 years in prison. If the weapon is fired, the mandatory time in prison jumps to 20 years behind bars. So, obviously, the penalties are steep and can be life-altering. Therefore, hiring an experienced lawyer to stand by the side of the accused is critical.

Continue reading " Jacksonville Robbery, Shooting Leads Police on Pursuit of Suspects " »

A gun and some drugs were recently found on a man who was trying to enter the Duval County Courthouse, The Florida Times-Union reports.

Drug charges in Jacksonville, much like Duval County gun charges, can put people away for a long time. These charges require an experienced Jacksonville Criminal Defense Lawyer, who will work to eliminate potential evidence against a defendant as well as challenge all aspects of the case.

According to the news report, a 21-year-old was attempting to get into the building one recent morning, but he was stopped with three small bags of marijuana and a double-barrel Derringer, a palm-sized revolver.

The man was allegedly carrying a backpack that contained the weapon inside a shoe. The man now faces a felony charge of carrying a concealed weapon and misdemeanor charges for the marijuana possession.

The news article states that the man didn't have a concealed weapons permit and even if he did it wouldn't have mattered since all weapons are prohibited from entering the courthouse. The man allegedly told security guards he didn't realize the weapon was inside his backpack. It's unclear why he was at the courthouse that day.

According to Florida Statute 790.01, carrying a concealed weapon is a first-degree misdemeanor or could be punished as a third-degree felony, depending on the circumstances.

For the misdemeanor offense, a person must have carried a "concealed weapon or electric weapon or device." The felony offense pertains to a firearm. While people are allowed to get a concealed weapons permit, without one, a person can be charged with a very serious felony offense, which is punishable by up to five years in a state prison.

Drug charges in Florida can vary greatly. The severity of the charges depend on the quantity of the drug that is seized by law enforcement, as well as the type of drug and the location of the arrest. It's possible for suspects to face more serious charges if they have the drug at or near a church or school, for instance.

These cases are complex, even if television shows make them seem simple. Law enforcement must ensure they have probable cause to arrest someone for gun or drug charges in Florida. That means, they must have a reasonable suspicion that a person is committing a crime before arresting them.

They also have a long list of rules and procedures they must follow while dealing with a suspect they intend to arrest. If those rules are broken, it's possible all the charges can be thrown out because a suspect's rights may have been violated. While some people would call that a "technicality," it isn't. Protection of one's rights is the fundamental issue in our society and in our criminal justice system.

An experienced Jacksonville Criminal Defense Lawyer can spot where rights have been violated and where a person must get relief and justice by being acquitted or having the charges dropped before trial.

Continue reading " Gun, Drugs Seized at Duval County Courthouse " »

A 39-year-old Jacksonville man faces a murder charge after he allegedly crashed his truck into a barrier on Interstate 95 in Jacksonville, The Florida Times-Union reports.

The charge stems from an allegation that he killed a woman he was sharing a home with.

Murder charges in Jacksonville require an attorney with extensive experience handling these kinds of cases because a person's liberty, and possibly their life, is at stake. An experienced Jacksonville Criminal Defense Lawyer must be consulted and used on a case of this magnitude.

According to the news article, a 61-year-old woman was found dead by her daughter recently. Police said there were no signs of forced entry into the home.

The man was arrested by authorities after he allegedly drove a truck into a barrier on the highway. Police said he went into medical distress during police questioning after his alleged use of Fentanyl patches. He was taken the hospital and later re-questioned. For the alleged driving under the influence, he was charged. He also faces a charge of murder.

The article, however, doesn't make clear why police believe the woman was killed by another person and why they believe this man committed the crime. The article states the two lived together, but that isn't proof he did the act.

The fact that there were no signs of forced entry doesn't necessarily show that this suspect committed the crime, either. It's possible the woman was at home and let inside someone else she trusted. Additional details might make clear why investigators narrowed their search solely to the woman's roommate.

What's left unsaid in the article is what the defendant may have told police during questioning. It is important for anyone who is a suspect in a crime or has been arrested and charged with a crime not to speak with police without first talking with an attorney.

Courts have ruled that police are allowed to lie to suspects. They can say they have evidence they don't; they can tell suspects they have three witnesses who saw the person around the crime scene when they have nothing and they can say a co-defendant fingered them when they haven't.

A detective's goal isn't to make friends with a suspect or treat them fairly. The detective's only goal is to get a confession. His or her job depends on it and they constantly get pressure from their bosses, especially in a murder case. So, the best advice for someone who finds themselves sitting in a small room at a desk in police headquarters with two officers is not to sign a waiver of rights and simply say they aren't speaking until they get a lawyer.

Continue reading " DUI Arrest in Jacksonville Leads to Murder Charge " »

A 38-year-old woman was recently arrested and charged with DUI in Jacksonville after she allegedly crashed into a fence while carrying five children.

DUI can be one of the most embarrassing charges for which a person can be charged because of the stigma attached. Yet, it is the most common charge a person can face. It is perhaps the least sophisticated crime -- there is rarely any planning to commit it. But while most people face a misdemeanor offense, it's penalties are far more severe than other misdemeanor offenses, such as theft crimes or even forms of assault.

Jacksonville DUI Defense Lawyers have seen careers ruined, family situations become more stressful and spirits drained after an arrest, which is no proof a crime has been committed. But fighting the charge and coming either to a plea resolution or a not guilty verdict at trial can go a long way toward clearing a person's name and restoring order to their life.

An experienced lawyer can help fight the charges based on the facts, police action or inaction, witness credibility and many aspects of the case. A person facing a DUI charge is usually shell shocked at the prospect of being thrust into the criminal justice system and they don't know what to expect. But consulting with an attorney should be the first thing a person does in order to preserve their rights and give them the best opportunity at defending the charges.

According to the newspaper, the woman blew a tire and swerved into a fence near a trailer park after hitting a curb on 103nd. St. An off-duty police lieutenant working security nearby saw the car and realized the woman was driving with five child passengers.

The article states that when the off-duty officer ran up to the vehicle, he knocked on the vehicle and a woman opened the door, spilling an alcoholic drink on her shirt and onto the ground. Inside, there were five children, ages 5 to 15. The witness described the woman as unsteady as she stood and nearly fell over as they were talking.

The children told police the woman started to weave and hit the curb. Some tried to grab the wheel to try to prevent a crash, but the driver allegedly swerved on purpose and lost control of the car, striking a fence. The woman now faces charges of DUI causing damage, leaving the scene of an accident and possession of an open container of alcohol.

What many people don't consider are the severe penalties that DUI convictions bring. According to the Florida Department of Highway Safety and Motor Vehicles, the penalty even for a first-time offender can result in fines of up to $2,000, up to nine months in jail included in up to a year on probation, completion of a DUI school course, 50 hours of community service, vehicle impoundment and possible installation of an ignition interlock device.

Those are steep penalties for a crime that wasn't orchestrated and didn't involve injury to people, loss of money or other crimes that involve victims. Because of that, fighting the charges aggressively is the only option.

Continue reading " Jacksonville Woman Faces DUI Charges After Crash " »

The recent explosion of a meth lab at a south Jacksonville apartment complex has yielded no arrests, but forced two dozen people to evacuate after it left the apartment "completely demolished," The Florida Times-Union reports.

Meth charges in Jacksonville and throughout Florida typically result in serious felony charges. And with the type of charge varying, so does the range of penalties. In some cases, a person can face simply probation or a short jail stay. However, this is most typical for other types of drugs. Authorities have taken a hard stand against meth. And as quantities increase and other factors play in to the decision making process, a person can quickly be facing years or decades in prison.

Fending off the charges with an experienced Jacksonville Meth Defense Lawyer may mean the difference between a painfully long sentence and charges being dropped before trial or a potential not guilty verdict at trial. While all cases rest on their individual facts, hiring an experienced lawyer should be a suspect's first priority.

According to the newspaper report, an evening explosion left four windows blown out and spewed shattered glass to the ground below. A few hours after the explosion, police entered the apartment and determined that a drug lab caused the explosion. No one was inside or injured.

Authorities were especially cautious to enter the building over concerns that there might be a second explosion. The newspaper reports that a man in his 20s, a pregnant woman and two large dogs lived in the apartment. No one was inside during the explosion.

Methamphetamine laboratories can make for dangerous living conditions, especially because law enforcement typically find these labs in tightly spaced buildings, such as apartment complexes, where may people can be affected by an explosion.

As such, methamphetamine is among a list of schedule II controlled substances as defined under Florida Statutes 893.03, meaning it has a high potential for abuse and has severely restricted medical use for treatment. Abuse of the drug can lead to psychological and physical dependence.

Florida Statutes 813.13 states that manufacturing the drug, delivering it and possessing it with the intent to sell to another is considered a second-degree felony, punishable by a maximum 15-year prison sentence.

It's obvious that these charges are serious and can send people to prison for long periods of time if suspects are convicted. In a case with an explosion, it must be proven that illegal drugs were, in fact, the cause. If there was an explosion, it's possible and probably likely that much of the inside of the apartment was destroyed, including possible evidence against the people who lived there.

It may also be difficult to prove that drugs were inside the apartment, again, because of the explosion. While some people may believe a case like this one is black-and-white, most criminal cases fall squarely into the gray. That's why letting an experienced Jacksonville Criminal Defense Attorney work the case is important.

Most people charged with a crime don't understand the criminal justice system's complexities and nuances and therefore aren't able to adequately defend a case. But with years of experience, a law firm dedicated to the clients can ensure a suspect's rights are upheld and that justice is done.

Continue reading " Jacksonville Meth Lab Explodes and Two Dozen People Evacuated " »

An offensive T-shirt led a man to remove it with a knife at a bar recently, First Coast News reports.

Aggravated assault in Jacksonville is punishable as a felony and can pose serious problems for someone if they are convicted. Along with possible prison time, a convicted felon loses key rights, such as being able to vote, hold office, own firearms and can be disqualified from many types of jobs. For those reasons and others, fighting the charges with an aggressive Jacksonville Criminal Defense Attorney is critical.

According to the news report, a man was wearing a T-shirt at a bar recently that read "Gathering of the Juggalos 2009," a reference to an annual music festival. Another man approached and asked if the man was at the festival, though the man wearing the shirt said he wasn't.

According to police, the man said he wasn't there and the suspect told him, "You have no right to wear this," after which he allegedly pulled out a knife to cut the back of the shirt. When the suspect got closer to his neck with the knife, the man grabbed the suspects hands. But he broke free, ripping the shirt and a necklace.

The news report says that witnesses agreed with that side of the story, though the suspect left the bar on Beach Boulevard before officers arrived. But police say he left behind the knife and witnesses described his vehicle, which led to his arrest. The 21-year-old from St. Augustine faces a charge of aggravated assault.

It's possible that in this case, alcohol was a factor, though in Florida, alcohol use isn't a defense to a crime. But it could explain the alleged actions of a suspect.

According to Florida Statute 784.021, aggravated assault is defined as an assault with a deadly weapon or while intending to commit a felony. An assault is simply an intentional threat of violence that causes the fear that violence is imminent.

In a criminal trial, the state must prove the elements of the crime, so they must show, in this case, that the suspect intentionally threatened the victim and caused the victim to be fearful that they would face an imminent violent act. The state must also prove a deadly weapon was used.

In this case, based solely on the news report, it appears the deadly weapon element could be met, if witness statements are true. But whether or not an "intentional" threat was done may be up for debate. Prosecutors will have to prove the suspect intentionally committed an act that threatened violence on the victim. It is a great burden that an experienced criminal defense lawyer in Jacksonville will have to challenge every step of the way.

Continue reading " Offensive Shirt Leads to Jacksonville Aggravated Assault Charge " »

A 20-year-old was recently arrested in connection with a stabbing that followed an argument at a party, The Florida Times-Union reports.

Weapons charges in Jacksonville, especially those that end in homicide, are among the crimes with the most severe penalties on the books because Florida lawmakers have gone out of their way to increase the penalties year after year. It makes good political sense to increase penalties to crimes because it gets voters -- and financial backers -- on their side.

Under the state's 10-20-Life law, which was promised in the campaign of former Governor Jeb Bush, penalties for crimes involving guns now require long mandatory prison sentences. And while the law doesn't apply to knives, other laws have gone into place since that require mandatory sentences and increased penalties for weapons-based offenses. That's why an experienced Jacksonville Criminal Defense Attorney must be consulted in order to protect the defendant's rights and in order to seek justice.

According to the news report, authorities were called around 3 a.m. recently to the corner of North Jackson Avenue and Texas Street, where they found a 21-year-old man inside a truck. They say he had backed the truck down a driveway 100 feet and into a fence.

The victim was rushed to the hospital, but he died. It's unclear whether he was stabbed inside the vehicle or before. A 20-year-old was arrested and charged in connection with the death, the newspaper reports. A second person was taken tot he hospital, but was treated and released, the report states.

The news report doesn't provide details about the relationship between the victim and the suspect, how police determined the suspect was involved and whether there are any witness accounts that backup the claim by police.

Murder is the most serious charge in the state of Florida and is punished as such. Someone convicted of first-degree murder can be punished with death by lethal injection. Even a second-degree murder conviction can result in a prison sentence of 30 years to life. A conviction for manslaughter -- an unintentional killing -- is punishable by up to 15 years in prison. All of these various degrees of homicide are defined in Florida Statutes Chapter 782.

But even if a person doesn't die during a fight where a weapon is used, the suspect can face serious, life-altering penalties. According to Florida Statute 784.045, aggravated battery is striking someone and causing great bodily harm, disfigurement or disability or by using a deadly weapon.

If convicted of aggravated battery in Jacksonville, a person can be sentenced to up to 15 years in prison for the second-degree felony. A knife, along with a gun, baseball bat and even perhaps a heavy boot if a person is continually kicked, is considered a deadly weapon.

Continue reading " Stabbing at Party Turns Fatal; 20-Year-Old Charged With Murder in Jacksonville " »

The Florida Times-Union reports that a Clay County man now faces charges of animal cruelty after allegedly mowing over four ducklings.

Being charged with animal cruelty in Jacksonville or the surrounding areas can be a daunting realization for some people. In cases like this, sometimes people make a mistake that severely injures an animal. In other cases, mental illnesses can cause people to harm animals. But hiring an experienced Jacksonville Criminal Defense Lawyer to dispute the facts and put together a compelling defense is important to any case.

According to the news report, a public works employee is accused of chasing four ducklings and a mother duck with a lawnmower. The four ducklings were killed. The 29-year-old Middleburg man was arrested and charged with animal cruelty.

According to an arrest report, the incident happened on a recent Friday in Middleburg in an already-mowed section of a subdivision off County Road 220. Some witnesses said the man chased the ducks, and lowered the mower's brush cutting attachment to mutilate them. Four of the seven were killed, the newspaper reports.

According to a police report, one witness said the man then "appeared to laugh and gave ...the thumbs up," after he was done. Another witness said the man bragged about what he did, the newspaper reports.

According to Florida Statutes 828.12, the law that defines animal cruelty, the crime can be charged either as a misdemeanor or a felony.

The distinction between the two forms of charges is the actions of the defendant. For the misdemeanor charge to apply, a person must "unnecessarily" kill or injure an animal. To be charged with a felony, a person must "intentionally" commit the act, which, in this case, appears to be the charge prosecutors have gone with, based on the news reports that site the arrest report.

The difference may seem minor, but the penalties are much different. A misdemeanor offense is punishable by up to a year in jail. But the felony charge carries a possible five-year prison sentence. That's a big difference for one word in the statute.

And, as with any crime, public opinion can sometimes sway the filing decisions made by prosecutors. Perhaps it is even more of a factor in animal cruelty cases because these cases tend to pull at the heartstrings of pet owners and animal lovers. The news media also tends to pick up on these cases for that same reason.

The state has an extreme burden in these cases, however. They must prove the allegations beyond all reasonable doubt. That means if the jury has any doubt that the defendant committed the crime, they must vote to acquit. And an experienced criminal defense attorney must work to keep key evidence out of trial and question all of the state's witnesses in defense of the accused.

Continue reading " Clay County Man Accused of Animal Cruelty on Ducklings " »

Police in Jacksonville Beach are asking for the public's help in finding a person who may have intentionally killed a golden retriever, The Florida Times-Union reports.

Animal cruelty charges in Jacksonville can be among the most high-profile cases because of people's love for animals. And this added attention is rarely good for the defendant, so hiring an experienced Jacksonville Criminal Defense Attorney to not only win the battle in the eye of the public, but as well as in the courtroom, is critical.

Parker, the pet of two Fletcher High School teachers, disappeared from their backyard on Kings Court on July 4. Two weeks later, the dog's remains were found in a creek on Nightfall Drive in Neptune Beach. The body had floated free from a tarp that was weighted down with cinder blocks.

Police told the newspaper that the dog's remains were too badly decomposed to determine a cause of death, but based on the circumstances of the dog's discovery, the case is being treated as an act of animal cruelty. The dog's owners said Parker had no history of running away and was friendly.

Florida First Coast Crime Stoppers is seeking donations in order to create a reward for information leading to an arrest.

Animal cruelty charges in Jacksonville are punishable either as a misdemeanor or a felony charge, depending on the circumstances. According to Florida Statutes 828.12, the variation in facts can lead either to a first-degree misdemeanor punishable by up to 1 year in jail or a third-degree felony punishable by up to five years in prison.

There's obviously a big distinction between the possible penalties, so let's take a look at the difference in the circumstances that lead to each degree of charge.

For the misdemeanor charge, a person must overload, overdrive, torment, deprive of sustenance or shelter, or unnecessarily kill or mutilate an animal. For a person to qualify for the felony, a person must intentionally kill or inflict unnecessary pain or suffering on an animal.

The difference there are the words "unnecessarily" and "intentionally." In both cases, an animal can be killed or severely injured, but it's the intent that makes the difference between the two situations. An example of "unnecessarily" killing or injuring an animal is possibly running over a pet while not paying attention or even if a person was driving drunk. It wasn't intentional, but through negligence, the death occurred. It appears this case, where a dog was taken, killed and dropped into a creek while weighted down with cinder blocks, will qualify as the felony offense.

These charges must be proven beyond all reasonable doubt, however, which means an experienced defense attorney will scrutinize all evidence against the accused and hold the state to the high burden it has in proving a case.

Continue reading " Jacksonville Beach Police Seek Animal Abuse Suspect " »

A recent domestic violence case in Jacksonville led to charges that a man rammed his car into his wife's car and kidnapping her, The Florida Times-Union reports.

As we previously reported on the Jacksonville Criminal Attorney Blog, domestic violence incidents require a strong and aggressive approach by an experienced Jacksonville Criminal Defense Attorney. These cases not only result in criminal charges on a person's record, but also bring ridicule and loss of reputation in the community. They can also result in job loss, the inability to own firearms and all sorts of additional social ramifications.

According to the newspaper, the 42-year-old man allegedly drove after his 45-year-old wife, who was driving in a car with her 55-year-old male friend, starting at their apartment complex and eventually down I-295. According to the news report, his car repeatedly slammed into the car carrying his wife.

The newspaper reports the woman then pulled into the parking lot of a grocery store to look for a police officer. While driving behind the store, the man allegedly hit the car a fourth time, pushing the wife's sedan into grass near a pond.

The man allegedly then got out of his vehicle and approached the vehicle with a baseball bat, demanding that the woman get out of the car and come with him. He allegedly threatened to beat the woman if she didn't.

Police issued a bulletin for the kidnapped woman, but she later called police after saying her husband returned her to their apartment complex. The man's vehicle was found abandoned at their house.

Domestic violence incidents can lead to mandatory jail time, anger management programs, probation and other consequences. But they aren't typically as iron-clad as police make them out to be.

Arrests for domestic violence can happen because of a dispute between a couple or a future break-up that one side knows is coming. Sometimes, the two spouses or girlfriend and boyfriend get into an argument and both end up with scratches and cuts and the male ends up getting arrested.

Sometimes, police go on very little information, simply taking one side at their word, before making an arrest. For all these reasons, domestic violence charges must be fought aggressively throughout the process. Police reports should be heavily scrutinized and the statements of eyewitnesses or alleged victims must be challenged.

If police believe the alleged victim at his or her word alone, the credibility of that witness must be questioned by an aggressive Jacksonville Criminal Defense Attorney. All areas of the case must be explored in order to ensure that the rights of the accused are upheld as well as the quality of the police investigation.

Felony domestic battery in Florida is defined as an intentional battery that causes great bodily harm, permanent disability or disfigurement. It is a third-degree felony, punishable by up to five years in prison. While that is an extreme case and most domestic violence incidents are charged as misdemeanors, it shows how serious these charges can get.

Continue reading " Jacksonville Domestic Violence Case Leads to Arrest " »

A Jacksonville teen was recently arrested on charges that he shot a man inside his garage and then chased him, shooting him again, News4Jax.com reports.

Gun charges in Jacksonville, especially those involving juveniles, can be some of the most contentious. That's because the State Attorney's Office often wants to prove a point and make a statement with a long prison sentence in order to serve as a deterrent for others. But a Jacksonville Criminal Defense Attorney wants leniency, to show that the young adult has learned the lesson and will curtail the behavior in the future.

It is a battle that is fought every day in every courthouse across the United States. There is a fine line between age and punishment that must be walked gingerly in order to ensure justice and not irreparably harm the defendant.

According to the news report, the 19-year-old was inside a house he was staying at with some others when around noon his girlfriend was walking down the stairs and saw a person's reflection on a television stand and told the teen someone was breaking into the house.

Police say the teen got a shotgun and loaded three rounds, finding an 18-year-old in the garage. Police say the two know each other, but the 19-year-old pointed the gun at the younger teen and fired, hitting him in the chest.

Police say the 19-year-old then chased the alleged victim from the garage to the back of the house, where he shot him two more times. The man was taken to a hospital with life-threatening injuries. The 19-year-old faces a charge of attempted murder. Now an adult, the juvenile system will no longer be available to him.

Police say there was no sign of forced entry and that the front door was unlocked and the garage open at the time. The shooting was initially reported to be a burglary and police are looking for two other people wanted in connection with the case. Prosecutors said witnesses revealed that the two other people were running from the house because they heard gunshots.

This is an interesting case because at first glance, it appears that self-defense could come into play. Under Florida's Castle Doctrine as well as the Stand Your Ground laws, a person has no obligation to retreat from his or her home. If a person feels threatened, they are allowed to use force to protect their property, even deadly force. However, prosecutors also often look at the appropriateness of the response.

If this teenager did, in fact, know the alleged victim, there may have been bad blood and he may have had a reasonable fear that he was going to come after him. Running after him after allegedly shooting him once could hurt that defense, however. The fact that police are looking for two other people may shed some light on the whole situation.

In these cases, consulting a lawyer immediately is critical. Being represented before others are taken into custody and have a chance to talk -- or deal -- with authorities, can go a long way toward ensuring the best outcome possible in your case.

Continue reading " Teen Faces Attempted Murder Charge in Westside Shooting " »

A 12-year-old boy has been charged in Clay County with felony animal cruelty charges after authorities allege two ponies, three goats and two chickens died or had to be euthanized because of the boy.

Juvenile crimes in Jacksonville are among the most difficult because they have such long-term impacts. A teenager who is charged with a crime must be rehabilitated, not sent into the harsh adult criminal justice system. An experienced Jacksonville Juvenile Defense Attorney may be able to provide mitigation in order to convince the prosecution to try the teen as a juvenile and not an adult or move for lesser penalties, such as being treated as a youthful offender on more serious charges.

In this case, there is little likelihood a 12-year-old boy will be charged as an adult, but mental health professionals and other medical care may be the more appropriate route.

According to the news report, police believe the 12-year-old used a butcher knife, piece of lumber, pipe and golf club to injure the animals. One pony's leg was beaten so badly it was barely still attached and a chick was found on a slab of concrete with its head torn off.

The alleged attacks happened at a stable and the boy was fingered through eye witness accounts and because the boy allegedly left his dog at the stable after one of the attacks.

Police reports state the pony's legs and baby goats were beaten by golf clubs and pipes. One of the pony's legs was broken and cut open so badly it hung only by skin. It was euthanized. A 2-year-old quarterhorse was cut on its shoulder and a 1-year-old billy goat had an injured leg, but both lived. Police say a chick was decapitated.

Charges of animal cruelty often bring out strong emotions in animal lovers -- sometimes they care more about animal victims than human victims. And often this leads to the public calling for severe charges, even against juveniles.

But one must consider the suspect in this case. A 12-year-old boy's mental capacity is much lower than an adult. The brain takes a long time to fully develop and that must be taken into consideration. If a teen doesn't understand the consequences of their actions, it must be a factor in the filing decision of prosecutors.

In the adult criminal system, animal cruelty in Florida is defined under Florida Statutes 828.12. Under that law, someone can be charged with a misdemeanor up to a third-degree felony.

A misdemeanor animal cruelty charge means not providing shelter or food over overloads an animal and causing injury or death. It is punishable by a year in jail. The felony charge is punishable by up to five years in prison and is defined as intentionally causing death. It is punishable by up to five years in prison and a $10,000 fine. Either charge is serious and must be fought diligently.

Continue reading " Jacksonville Juvenile Charged With Animal Cruelty " »

An armed man and police struggled inside his vehicle during a recent traffic stop, leading to the man facing numerous charges, including possession of a firearm by a convicted felon, The Florida Times-Union reports.

Florida has taken a hard stance against someone who has a previous conviction and who is caught with a firearm. Under the state's 10-20-Life law, a convicted felon who is found guilty of having a firearm, regardless of the prior conviction, must spend a minimum of three years in prison. Jacksonville gun charges are serious and must be aggressively defended by an experienced Jacksonville Criminal Defense Attorney.

In this case, the man faces a host of charges after getting into a struggle with police, the newspaper reports. According to the report, the man was stopped a day earlier by police, though it's unclear why police attempted the initial stop.

The next day, he was pulled over again and according to the news report, he and an officer began struggling when the man allegedly reached for something inside his vehicle. Officers say they saw that he had a gun in his other hand and another officer head-butted him and punched him in the arm before taking the weapon.

After tossing the .25-caliber handgun out of the vehicle and handcuffing the man, officers spotted plastic bottles with pills, marijuana and crack cocaine, according to officers. The man has two prior felony convictions in Florida, the most recent in 2002, according to the newspaper.

The man now faces charges of resisting an officer with violence, possession of a firearm by a convicted felon, armed trafficking in opium, armed possession of cocaine and armed possession of a controlled substance. He is being held without bail.

Along with the mandatory prison time this defendant may face under the 10-20-Life law, he also faces a host of drug charges. drug crimes in Jacksonville can be tough to disprove when officers find several different kinds of drugs in someone's possession.

In this case, it appears the police have stacked the charges, meaning they have charged the suspect with possession of and trafficking of several different kinds of drugs. The trafficking of opium charge alone is a first-degree felony, punishable by up to 30 years in prison. The possession charges may be enhanced for purposes of sentencing because he is charged with being armed while possessing those drugs.

It may be possible, depending on the circumstances, to prove the officers illegally searched a defendant's vehicle when they find illegal drugs inside. The fact that officer's used violence against a defendant must also be scrutinized and police must be able to justify their actions. Eye witnesses may be able to dispute the scene, since it allegedly took place in front of a gas station near I-295, presumably a populated area.

Like any crime, an experienced Jacksonville Criminal Defense Attorney will look at all of the state's evidence and look to disprove each and every charge along the way. The sooner an attorney is contacted, the better chance the defendant has at a positive resolution to the case.

Continue reading " Man Charged With Possession of a Firearm by a Convicted Felon in Jacksonville " »

First Coast News reported that a road rage incident shut down Interstate 295 recently and led to criminal charges for a teenager.

The Jacksonville Criminal Attorney Blog reported not that long ago of an 18-year-old who allegedly pulled a gun on a driver who yelled at another driver after he was pulled over.

Gun charges in Jacksonville are among the most serious a person can face not only because of the potential for violence that comes with firearms, but also because police and prosecutors can take the use of a firearm in a crime and try to enhance the penalties under the state's 10-20-Life law. Sometimes, a Jacksonville Criminal Defense Attorney can work to prove a gun wasn't "used" in a crime, but simply present, which is a possible defense.

Under the 10-20-Life law, a person who commits certain felonies or attempted felonies while using a gun must serve a minimum 10 years in prison. If the firearm is discharged, the minimum sentence jumps to 20 years and if someone is injured or killed, the penalties become 25 years to life.

According to the news report, the Florida Highway Patrol says one vehicle was blocked by another in rush hour traffic and the two vehicles began erratic and aggressive driving. The 19-year-old allegedly told police he was trying to merge from I-95 onto I-295 and attempted to get in front of an SUV.

When the SUV driver began yelling at him, the teen told police he threw a can of air freshener at the SUV, hitting it in the side. The driver of the SUV then allegedly pulled out a gun in a non-threatening manner, telling police he thought the can hitting his vehicle was a gunshot. The driver then said the gun accidentally went off, striking a passenger in the teen's car in the leg.

The teen allegedly started chasing the SUV, despite pleas from his passenger to go to the hospital. The two vehicles chased each other at speeds up to 80 mph, including several times when the two cars bumped. The teen faces charges of aggravated assault and throwing a deadly missile.

Aggravated assault is defined under Florida Statutes 784.021 and means an assault with a weapon without the intent to kill or with an intent to commit a felony. An assault is simply an unlawful threat that's intentional and that causes a well-founded fear that violence is imminent. It is a third-degree felony punishable by up to five years in prison.

Shooting a deadly missile into a dwelling -- in this case a air freshener can -- is considered a second-degree felony, which is punishable by up to 15 years in prison. This must be done "maliciously" and "wantonly" shoots at or throws a hard substance that could produce death or great bodily harm.

In this case, its hard to imagine an air freshener can causing great bodily harm or death and if the teen's account of doing it as a scare tactic is accurate, it's hard to see this charge sticking. But regardless of what happens in this case, these charges are serious as the 19-year-old currently faces 20 years in prison for allegedly getting into a stupid road rage incident with another driver.

Continue reading " Second Road Rage Incident in Weeks Leads to Jacksonville Gun Charges " »

A man fleeing Arizona on 10 felony counts of child pornography was recently captured in Jacksonville after eluding authorities for more than half a year, reports The Daily News in Mohave, Arizona.

Child pornography in Jacksonville and throughout Florida has become more prevalent than one might expect. Federal and local law enforcement agencies have entire units designated to attack people who are searching for, downloading, sending, receiving and making these images. They are very serious charges and can not only bring dishonor to a family, but result in serious prison time for someone convicted. But hiring an experienced and diligent Jacksonville Criminal Defense Attorney means getting someone who will challenge all aspects of the state's case.

According to the news report, the man was first investigated in February, when law enforcement in Arizona got a tip that the 36-year-old had been trying to solicit minors online for sex. As they continued their investigation, they allegedly contacted the man at his house, but he left the area just after police began investigating.

The news article reports that during the investigation, police obtained a search warrant and found a "large amount" of pornography depicting children, which was stored electronically. Shortly after that, an arrest warrant was issued for him.

In Arizona, he faces 10 counts of sexual exploitation of a minor, charges that are punishable in Arizona as a maximum of 10 years each in prison there. He is in Jacksonville awaiting extradition back to Arizona.

While seeing a headline of a person charged with child pornography is pretty shocking, these charges can be challenged through a variety of tactics by a Jacksonville Criminal Defense Attorney. For instance, the search warrant, how the evidence was obtained and how police determined the illegal materials belonged to the suspect can all be scrutinized.

Search warrant: Search warrants are obtained by law enforcement after they begin an investigation. After they gather information, they must put it in writing for a judge, who must be convinced to sign the warrant, which allows officers to take personal property from a person's house in order to aid an investigation. But a good attorney will look at the documents and, after questioning police who worked the case, determine whether the information they had to convince the judge was fact or simply speculation on their part. Misleading the judge can get evidence thrown out.

How evidence was obtained: If police don't have a search warrant, things may get tougher for the prosecution. Being able to point out that evidence was collected improperly is one quick way to get a trial judge mad at the police and prosecution and get key evidence removed from the case.

How police linked the suspect to the crime: In cases of child pornography in Jacksonville, a shared computer is sometimes a source of defense for the suspect. If several people use a computer and browse the Internet from it, pinpointing who the illicit materials belong to can be tough for the state. Also, if people use file-sharing web sties for legal uses but another person hacks into their computer and stores illegal material, it's possible for someone to beat the charges.

While every case has its own unique set of facts, all cases have a defense and consulting with an experienced Jacksonville Criminal Defense Attorney quickly is always advantageous for the defendant.

Continue reading " Man On the Run From Arizona Nabbed in Jacksonville on Child Pornography Charges " »

A man who was nude and who allegedly "lunged" toward several female employees at the Hyatt hotel downtown was later sent to the hospital, The Florida Times-Union reports.

Some news reports say the man was arrested, but they don't make clear what charges were filed. It appears from the brief facts available that he could face a sex crimes charge in Jacksonville. Hiring an experienced Jacksonville Criminal Defense Attorney as soon as allegations of a sex crime are made or if police make an arrest is critical to ensuring the rights of the accused are upheld.

According to the news report, the man allegedly entered the room of a female guest wearing only a T-shirt and then left without saying anything. A few minutes later, four floors lower, he was spotted nude on the second floor in an employees-only area. There he allegedly "lunged" toward two female employees.

There, two hotel employees held him on the ground for more than 10 minutes before law enforcement arrived at the hotel. Once police arrived, they handcuffed the man. Once emergency rescue crews got on scene, they ordered the handcuffs off and took him to a local hospital. Reports don't indicate when he became unconscious. He was taken there with life-threatening injuries and remains in critical condition.

This is a bizarre story that doesn't seem to have any answers at the moment. But if witnesses were correct and are able to corroborate that the man was walking through the hotel naked, he may face charges of indecent exposure.

Indecent exposure is governed by Florida Statutes 800.03, which defines the crime as exposing a sexual organ in public. It is punishable as a first-degree misdemeanor, which can send someone to jail for up to a year.

But, depending on the circumstances of a case, there may be a possibility of prosecutors seeking to charge someone with attempting to batter someone if they are nude and lunge at another person. While it may be a stretch, prosecutors have been known the stretch a lot further to make a case.

One can see how these charges can escalate from a simple misdemeanor to a more serious felony charge. Sex crimes are difficult because emotions run high and alleged victims and their families typically pressure the State Attorney's Office into charging the most serious crimes -- even if the facts don't wholly support the charge.

This doesn't always happen, but public pressure and coverage of a case by the news media does sometimes factor into the decision of how a suspect is charged by the state. That's why quickly hiring an experienced Jacksonville Criminal Defense Attorney can help sort out the facts and quickly attack the evidence the state believes supports the charges.

Continue reading " Man Sent to Hospital After Running Nude Through Jacksonville Hotel " »

A 23-year-old man now faces an extensive list of charges after allegedly getting into a gun battle with another man outside a Jacksonville nightclub, The Florida Times-Union recently reported.

Gun charges in Jacksonville can be difficult because lawmakers have increased possible penalties for people convicted of firing a weapon in public and using a weapon while committing another crime. An experienced Jacksonville Criminal Defense Attorney, however, can sift through the evidence provided by the state and work to exclude evidence from trial and provide theories of defense to dispute the charges.

In this case, the 23-year-old now faces charges of firing a gun in public, possession of a gun by a convicted felon and possession of marijuana after shots were traded in front of Club Steppin' Out recently, the newspaper reports. He is in jail in lieu of $48,000 bail.

According to Jacksonville Sheriff's Office deputies, a man started firing at a group around 2 a.m. and the group fired back. One witness said she hit behind a telephone pole while bullets flew, including one that ricocheted off her nearby car.

After responding to a 911 call, an officer pulled over a Buick Century that was leaving the area after a witness yelled at him that it contained one of the gunmen. Inside the vehicle, police found marijuana and a .40-caliber handgun on the ground next to the car. No one from the other group was found, police said.

The newspaper reports that the club has been the scene of violence before -- including a drive-by shooting in late 2009. The club's owner was shot and killed there in 2007, as well.

These charges are serious and can lead to possible prison time. A convict charged with possessing a weapon, according to Florida Statutes 790.23 can face up to 15 years in prison if convicted of the second-degree felony.

Shooting a weapon in public, according to Florida Statutes 790.15, is punishable as a second-degree felony, as well, and carries the same possible penalty.

But what must be considered in cases like this is how people are credible witnesses. For one, they were at a club and were likely drinking, which can alter their ability to accurately recall what happened. Also, how could they have seen a shooter if they were hiding behind objects to avoid being hit, as the one witness was?

And in cases where gunfire was exchanged, it's possible the firing was done in self defense. How can police be sure it wasn't? An aggressive defense attorney will also question how police had probable cause to pull over a vehicle without having a good idea it contained a person involved in the shooting. There are many vehicles, especially in a city as large as Jacksonville, that can match a vague description.

Defending a case this serious requires a lot of work and dedication of an attorney who has been doing it for years. Trust experience to protect your rights if charged with a crime in Jacksonville.

Continue reading " Jacksonville man Faces Gun Charges After Shots Outside Nightclub " »

A 36-year-old North Jacksonville man faces charges of sexual battery and burglary after a woman was allegedly forced inside her home at gunpoint and another woman inside the home was raped, The Florida Times-Union recently reported.

Sex crimes in Jacksonville can mean anything from unknowingly exposing oneself to a person nearby to a forcible felony, such as a rape. While the severity of these charges varies, the stigma attached is very similar -- people are ostracized even without a conviction. That's why fighting these charges with an aggressive approach is so important. Hiring an experienced Jacksonville Criminal Defense Attorney who can vigorously attack all aspects of the state's case should be the first step.

According to the newspaper account, a woman walked outside of her home to smoke when a man approached and pointed a gun at her, according to a police report. The woman was forced inside her house, where they met another woman and a person the newspaper states was only identified as a witness.

The gunman forced the witness into the kitchen and the woman into a bedroom. According to the newspaper, the man ordered both women to lie face-down on the bed and then raped one of them before leaving.

The man reportedly had a gray T-shirt over his face, but the rape victim told police she thought she had seen him the other day standing near her apartment with someone else. When the woman saw the man again recently, she called police, who arrested the man after an interview.

In cases involving allegations of sexual assault, police and prosecutors typically have to rely on the word of the alleged victim against the word of the alleged suspect. Sometimes, DNA is available, but even DNA can be disproven because of weak samples or contaminated samples.

In he said/she said cases, the defense is at an advantage, because without physical evidence or solid eye witness evidence, it may be difficult for the state to prove charges beyond a reasonable doubt. While many people who see a person arrested for rape automatically believe the suspect is guilty, the state has a heavy burden in proving the case.

And along with disputing the facts of the case -- any physical evidence, witness statements, police actions and other aspects -- fending off long prison sentences is a key part of the defense. In Florida, a person who is convicted of certain sex cases, such as sexual assault and rape, can face years or decades in prison.

And even if a person faces a fairly light prison sentence upon conviction, they must register as a sex offender. This means the person's face, tattoos, address and other information will be found on state and national web site databases, searchable by anyone, anywhere. Whenever a person moves, they'll be required to inform law enforcement and neighbors will get fliers telling them the person lives nearby.

All of this is humiliating, which is why defending these cases is so important. Failure to register as a sex offender can result in additional charges and additional jail or prison time. So, while most cases require punishment and a person can move on with life after "doing the time," sex crimes in Florida live on forever.

Continue reading " Man charged In Burglary, Rape Case in Jacksonville " »

As the Jacksonville Criminal Attorney Blog has previously reported, prosecutors and police have had a hard time grappling with a man who is charged with bilking investors out of money while impressing them with his vehicles, including a 2007 Bentley.

But recently, the man admitted fault in stealing from Midas after a $9,300 brake job on the Bentley, The Florida Times-Union recently reported. While he has been sitting in jail awaiting those charges, he accumulated enough time in custody that he decided to plead guilty to two counts of grand theft and was sentenced to time served. The grand theft charges stem from Midas, where he got work done on the car and drove off as well as for another store, where he got $700 worth of new tires on a different vehicle and didn't pay.

Theft charges in Jacksonville can range from shoplifting a pack of gum to an armed robbery at a person's house. And with the change of circumstances comes the change in possible penalties. They can range from days or months in jail to years or decades in prison. And along with time served comes the possibility of restitution -- or paying back what was stolen. For all these reasons, hiring an experienced Jacksonville Criminal Defense Attorney, one who has always been on the side of the defendant, is critical.

In this case, it appears the 34-year-old felt it was in his best interests, considering the more serious charges on the horizon, to enter guilty pleas in the less-serious grand theft charges. For this particular defendant, maybe this was the best option. According to The Florida Times-Union, he has been arrested 26 times since 1995 on a variety of charges, most from Orlando, where he lived before moving to Jacksonville.

In the other case, the man is accused of wowing investors with the luxury cars he drove, including the Bentley, the newspaper reports. He met alleged victims in gas stations and apartment complexes and said he was a graduate of the Massachusetts Institute of Technology and was a high-dollar broker with connections to financial institutions.

Police say he was able to get a woman to send him $10,000 while sitting in the Duval County jail with the help of a co-defendant on a three-way phone conversation. In that case, he faces charges of organized schemes to defraud and is being held in lieu of $1 million bail.

Investment schemes are difficult these days because before the Great Recession, if an investment failed, investors typically just chalked it up to a bad investment or a fluctuating market. But in today's economy, more and more investors are pointing fingers and making accusations of fraud.

Because of greed, many people sank retirement and a large amount of money into investments, hoping for a quick turnaround. But especially in the real estate market, and especially in Florida, which has been hard hit, many people lost. And now police and prosecutors are looking for someone to blame.

Charges of investment fraud and running schemes to defraud investors can be bogus and must be aggressively defended by an experienced Jacksonville Criminal Defense Attorney. Between possible prison time and restitution, these charges are serious and require heavy scrutiny of the prosecution's case.

Continue reading " Jacksonville Man Pleads Guilty to Grand Theft in $9,300 Brake Job Case " »