Jacksonville Criminal Attorney Blog

Another JSO officer has been arrested in Jacksonville. Arnold Sharkey is accused of aggravated assault with a deadly weapon and aggravated domestic assault. Both are third degree felonies punishable for up to 5 years in prison. The alleged victim, Sharkey's wife, told police he waited for her to leave work. Her brother picked her up and Sharkey allegedly pulled in front of them and started swerving back and forth blocking their way. Sharkey then made a u-turn, getting behind them and used his car to hit the rear corner of their vehicle. His wife then told police that he struck their car again twice and flipped his car in a ditch. Sharkey's wife's brother gave the same story to police. Upon being questioned, Sharkey told police he was in "big trouble".

The state attorney's office has not made a decision about what to file, if anything, against Sharkey. When someone is arrested for a felony in Jacksonville, the state attorney's office has discretion on what criminal charges to bring. The state can elect to file the exact charges someone is arrested for, can reduce the charge to a misdemeanor, or drop the criminal charges all together. That is why it is important to contact a Jacksonville Felony Attorney as soon as possible after you are arrested in Jacksonville.

There are now 4 JSO officers facing pending felony charges in Jacksonville.

The State of Florida has a distinct set of laws protecting the elderly population and disabled adults. An elderly person is someone who is 60 years-old or older who is suffering from the "infirmities of aging". A disabled adult is defined as someone over 18 years of age who has a physical or mental incapacitation as a result of a developmental disability, brain damage, mental illness, or physical limitation.

There are several levels of crimes related to the elderly and the disabled. Elderly abuse occurs when someone intentionally inflicts physical or emotional injury on the elderly or disabled and that act could reasonably be expected to result in physical or psychological injury to that person. This is a third degree felony punishable for up to 5 years in prison. If someone willfully tortures, punishes, or cages a disabled person or elderly person, this is considered aggravated abuse and is a first degree felony. Neglect of an elderly or disabled adult is a third degree felony in Florida.

The Dubose brother's murder trial came to a temporary end on Saturday in Jacksonville. The juries for 2 of the brothers reached verdicts, but the jury for the remaining brother was deadlocked. That means the 12 panel jury could not come to a unanimous verdict. Apparently, one person would not change her mind about what the verdict should be.

When a jury can't reach a decision in Florida, the judge has to read a certain jury instruction, commonly known as an Allen charge. It is:

"I know that all of you have worked hard to try to find a verdict in this case. It apparently has been impossible for you so far. Sometimes an early vote before discussion can make it hard to reach an agreement about the case later. The vote, not the discussion, might make it hard to see all sides of the case. We are all aware that it is legally permissible for a jury to disagree. There are two things a jury can lawfully do: agree on a verdict or disagree on what the facts of the case may truly be. There is nothing to disagree about on the law. The law is as I told you. If you have any disagreements about the law, I should clear them for you now. That should be my problem, not yours. If you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved. I have only one request of you. By law, I cannot demand this of you, but I want you to go back into the jury room. Then, taking turns, tell each of the other jurors about any weaknesses of your own position. You should not interrupt each other or comment on each other's views until each of you has had a chance to talk. After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will declare this case mistried, and will discharge you with my sincere appreciation for your services. You may now retire to continue with your deliberations."

If the jury still cannot reach a decision, a mistrial is declared and the state attorney can elect to conduct another trial or try to work out a plea agreement.

JSO police officer, James Toner, was arrested in Neptune Beach for false imprisonment and simple battery earlier this week. Police were dispatched to Pete's Bar in reference to a disturbance. When they arrived, the alleged victim was handcuffed in the rear and Toner was standing over him. The victim told police that the officer approached him and asked if he could buy cocaine from him. They started to argue and Pete's bouncer told Toner to leave. Toner was escorted out of the bar and Toner allegedly hit the victim several times on the head while yelling at him. While the victim was lying in the middle of 1st St., Toner allegedly put the victim in handcuffs and put him in Toner's patrol car. There were 3 witnesses who saw Toner hitting the victim and putting him in his patrol car.

Toner drove his patrol car up to the bar where he consumed alcohol. He was also carrying a gun on his person while, according to Neptune Beach Police, he was intoxicated. Before going to the bar, Toner was at a restaurant.

If a normal citizen is arrested for a felony, the police will seize anything used in the commission of that felony. False imprisonment is a felony in Jacksonville and anywhere in Florida. A non-officer would have had his car seized and the gun placed in the property room. Toner's weapon was released to JSO and so was his car.

Kidnapping and False Imprisonment are different crimes in Florida. Kidnapping is when someone forcibly abducts or imprisons someone against his or her will without authority. The "kidnapper" must also have the intent to hold the victim for ransom, commit any felony, inflict bodily harm on the victim, or interfere with the performance of a government function. If found guilty of kidnapping in Florida, the defendant it is facing a first degree felony. If the "kidnapper" kidnaps someone a child under 13 years-old and in the course of the kidnapping commits aggravated child abuse, sexual battery, lewd or lascivious battery, lewd or lascivious molestation, prostitution, or exploitation of the child, this elevated the charge to a life felony. The kidnapping laws are the same whether you are arrested in Duval County, Clay County, Nassau County, or any county in Florida.

A judge in Louisville, Georgia has been arrested for Aggravated Assault. Judge Murray Bowman reportedly shot his gun during an argument with is wife.

In order for someone to be convicted of aggravated assault in Jacksonville, the prosecutor must prove that:

1. The defendant intentionally threatened, either by word or act, to do violence to the victim.

2. At the time, the defendant appeared to have the ability to carry out the threat.

3. The act of the defendant created in the mind of the victim a well-founded fear that the violence was about to take place.

The charge can be elevated to an aggravated assault with a deadly weapon if the state can prove that a weapon was used and that weapon can be used in a way likely to cause death or great bodily harm. If convicted of the aggravated assault with a deadly weapon, a defendant could be facing a 3 year minimum mandatory sentence. If you are charged with this crime, contact a Jacksonville criminal defense law firmtar to find out about your rights.

If you are arrested for false imprisonment in Florida, you must have:

- forcibly, by threat or in secret

- confined, abducted, imprisoned, or restrained someone

- without lawful authority AND

- against his or her will

If the victim of the crime is under 13 years-old, it is considered "against his or her will" if it is without the consent of the legal guardian of the child.

Call our Jacksonville Criminal Law Firm with any questions about criminal charges in Jacksonville.

A former teacher was sentenced on child abuse charges in Jacksonville last week. Odis Moreton entered a plea of guilty to one charge of child abuse, which is punishable for up to 5 years in prison. A Jacksonville judge sentenced him to 1 year in jail and 1 year probation following his release.

Moreton was originally arrested for sexual battery and lewd molestation in Jacksonville. He originally faced up to life in prison. If he had entered a plea to the sex charges, Moreton would have had to register as a sex offender. Because he entered a plea to the child abuse charge, he will hot have to register.

If you have been arrested for sex charges in Jacksonville or child abuse charges in Jacksonville, contact our Jacksonville Sex Crimes Law Firm at (904) 634-0900.

A Jacksonville woman, Stephanie Smith, has been arrested and charged with child neglect in Jacksonville. Police say she left a small child she was babysitting in a bathtub and upon her return, the child was passed out. The child later died.

To be arrested and charged with Child Neglect in Jacksonville and all of Florida, it has to be shown that she:

failed to provide the child with the care, supervision, or services necessary to maintain the child's physical health.

It can be based on a single incident or repeated incidents. If convicted of this felony in Jacksonville, Smith is facing up to 15 years in prison.

If you have been arrested in Jacksonville for child neglect or child abuse, call our Jacksonville Child Abuse Attorneys at (904) 634-0900.

A former Jacksonville Fire Department Captain, Larry Norris, has been arrested for:

1. Aggravated Assault in Jacksonville, which is a third degree felony punishable for up to 5 years in prison,

2. Carrying a Concealed Firearm in Jacksonville, which is a third degree felony, and

3. Discharge and Possession of a Firearm on School Property in Jacksonville, which also is a third degree felony.

Police say Norris was shooting at 2 men who stole his daughter's truck.

If you have any questions about gun charges in Jacksonville, contact our Jacksonville Gun Attorneys at (904) 634-0900.

According to an article on WQAD.com, 3 officers in Chicago are facing trial for aggravated battery this week. The officers are on video in a bar attacking 2 other men.

In Jacksonville, if you are arrested for Aggravated Battery, the prosecutor must prove that when you committed a battery in Jacksonville:

1. You intentionally and knowingly caused great bodily harm, permanent disability, or permanent disfigurement.

OR

2. You used a deadly weapon

If convicted of Aggravated Battery in Florida, you will face 15 years in prison.

If you have been arrested in Jacksonville, arrested in Clay County, arrested in Nassau County, or arrested in St. Johns County, contact our Jacksonville Criminal Attorneys at (904) 634-0900.

The Chris Brown and Rihanna case is typical of domestic battery cases in Jacksonville. Chris Brown and Rihanna are famous singers and are together romantically. Brown is accused of hitting her several times and there are photos of the injury. Rihanna originally cooperated with police, but reportedly now refuses. Brown is facing felony battery charges.

With domestic battery charges in Jacksonville, the state attorney has to prove that the defendant intentionally touched someone against their will or intentionally hurt someone. The alleged victim in the battery case in Jacksonville is very important to the prosecutor's case because they are usually the only witness.

The police report what the alleged victim told them, but the victim sometimes will say they never told the police that information or will change their story completely. If the alleged victim is unavailable, that also makes the case harder to prove.

Call our Jacksonville Domestic Battery Attorneys if you or someone you know has been arrested in Jacksonville. Our Jacksonville Violent Crime Attorneys are available 24 hours a day at (904) 634-0900.

The term "forcible felony" is important in Florida because the only time you can use a gun or other deadly weapon in self-defense is when you use it to stop or prevent a "forcible felony".

Florida forcible felonies are:

- Kidnapping
- Murder
- Manslaughter
- Sexual Battery (Rape)
- Arson
- Treason
- Robbery
- Burglary
- Carjacking
- Home Invasion
- Aggravated Battery
- Aggravated Assault
- Aggravated Stalking
-Any other felony that involves the use or threat of violence against any person

If you have been arrested in Jacksonville, contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900 for a free consultation.

Two St. Johns County men were arrested last week in a road rage incident on I95 that ended in gun shots. Charles Butler and Doyle Jungkurth were arrested and charged in St. Johns County with aggravated battery and discharging a gun into an occupied car. Reports indicate that Butler shot his gun first and Jungkurth fired back. Both men later called St. Johns County police to report the other. They were both taken to St. Johns County Jail and each made a $7500.00 bond.

These arrests raise the question of self defense in Florida. If you feel that your life is legitimately threatened, you are allowed to use deadly force to protect yourself.

If you have been arrested in Jacksonville or anywhere in Northeast Florida for a battery, aggravated battery, manslaughter, or murder and have questions about self defense, call our Jacksonville Criminal Attorneys at (904) 634-0900. An experienced Jacksonville Lawyer will answer any questions you have 24 hours a day, 7 days a week.

Florida's law enforcement community is cracking down on gangs in Florida. Jacksonville sheriff, John Rutherford is joining the fight according to an article in The Times Union. He has initiated cooperation with other counties and has also participated in the felon re-entry program, DISMIS, which helps convicted felons when they are released from jail or prison. There are approximately 16 active gangs in Jacksonville and their primary source of income is selling illegal drugs.

According to the Florida Attorney General's Office, there is around 1500 gangs currently in Florida with 65,000 people involved.

If you have any questions about criminal charges in Jacksonville, call our Jacksonville Criminal Attorneys at (904) 634-0900.

January is Stalker Awareness Month according to the Florida Department of Health. The Department estimates that over 1,000,000 women and 400,000 men are victims of stalking every year in America.

Stalking in Florida is when someone willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.
Stalking is a first degree misdemeanor punishable for up to one year in jail. It can be charged as a third degree felony if the victim is put in reasonable fear of death or bodily injury because of the stalking. The most time someone can get if they are arrested for felony stalking is 5 years.

If you have been arrested for a violent crime in Jacksonville, call our Jacksonville Violent Crime Attorneys at (904) 634-0900.

Jacksonville has 3 main colleges and like the rest of the city, have their own incidents of criminal activity. According to a report in the Florida Times Union, property crimes, such as theft, are occur the most often at Jacksonville schools.

Here is a break-down of the crime information for 2008:

Jacksonville University

Property Crimes (such as petty theft and grand theft) - 173

Violent Crimes / Sex Crimes - 66

University of North Florida

Property Crimes - 299

Violent Crimes / Sex Crimes - 19

Alcohol / Drug Related Crimes - 93

Traffic Violations - 97

Edward Waters College

Property Crimes - 47

Violent Crimes / Sex Crimes - 16

Alcohol / Drug Related Crimes - 1

If you have been arrested in Jacksonville, Florida, call our experienced Jacksonville Criminal Attorneys at (904) 634-0900.

Jacksonville, Florida is included as one of the cities where the homicide rate is down compared to the previous year. The Associated Press reports that Jacksonville, along with Houston, Boston, San Francisco, and Minneapolis, had less homicides last year than the year before.

Chicago, Washington D.C., Seattle, and Charlotte are among the cities with rising homicide rates.

Call our Jacksonville Criminal Lawyers at (904) 634-0900 if you have any questions about criminal charges in Northeast Florida.

It has been reported that incidents of hate crimes in Florida have decreased to the lowest number in 10 years. The article quotes Florida's Attorney General Bill McCollum and the Florida Hate Crimes Report for 2007.

The annual average number of hate crimes in Florida is 272, which is well below the 2007 number of 193.

If you have been arrested in Jacksonville, Clay County, Nassau County, St. Johns County, call our Northeast Florida Criminal Lawyers at (904) 634-0900. We are available to you 24 hours a day, 7 days a week.

The sheriff of Clay County has expressed concern about Jacksonville increasing the number of police officers. The sheriff believed criminals may cross over the border into Clay.

Channel 4 News (News4Jax.com) reports that 6 Jacksonville men have been arrested for violent crimes in Clay County. Three men are charged with armed robbery with a deadly weapon and the other three are are charged with armed robbery.

Some of the men allegedly said they went to Clay County because they didn't want anyone to recognize them.

If you have any questions about Violent Criminal Charges in Jacksonville, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900.