Jacksonville Criminal Attorney Blog

Jacksonville’s residents have many things that make them angry. Sometimes, those things or people are law enforcement. However, actions against law enforcement carry heavier punishments. If one is accused of a crime against a police officer, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Brad Germain, 35, has been charged with attempted murder of a Jacksonville police officer. The incident began after the police were advised that Germain had rammed a police car with his pick-up truck earlier that night. Germain led police on a 1am chase, which led to Germain hitting another police officer and his car.

Jacksonville felony violent crimes tend to be some of the more common crimes, however, typically not as vehicular as Germain’s case. Most vehicular crimes are accidental or at most reckless, but not intentional. On the other hand, felony violent crimes are normally intentional. As one can see, in the case of Germain, intent is something that will play a big part in his sentencing.

Germain has been charged with attempted murder, a first degree felony, which can bring up to 30 years in prison. This may seem complicated enough in itself, but even tough problem that Germain will face is that the attempted murder was against a police officer. This may be tough for Germain to deal with, both as a defendant, and as a prisoner, should that situation arise.

Many cases in Jacksonville where police are injured are immediately seen as cop hater cases, and in many situations, those charged for crimes against police will receive the maximum punishment for their crimes, no matter what the circumstances. This is due to the fact that the court system wants to punish those who try to hurt those that protect and serve our great city. However, Germain still has rights.

One in a situation such as Germain’s should contact an experienced Jacksonville felony violent crimes attorney to fight for one’s case and ensure that all options, rights and privileges are known to that individual so one will be protected. In many cases, obtaining an experienced lawyer is the only way one can ensure Constitutional protections.

In Germain’s case, the Judge will look at the fact that Germain did intentionally hit the cop car with the cop inside; however, an attorney could argue that there was no intent specifically to injure a police officer, even though one was injured, and that the Germain is apologetic for his actions and is willing to make amends. In many cases, these kinds of arguments can significantly lower the amount of time or severity in the manner in which time is served.

Continue reading "Jacksonville Area Man Arrested For Attempted Murder On Police Officer" »

When a case is going to trial, there are a million things going on. Witnesses must be coordinated, exhibits must be organized, opening statements must be prepared and a jury must be selected.

But an attentive Jacksonville criminal defense lawyer will be able to multi-task all things and still watch out for problems caused by an overzealous prosecutor or a judge who oversteps their bounds.

Sadly, defendants' rights are trampled every day in courthouses across the country when judges say something they shouldn't or prosecutors attempt to admit into evidence or testimony through a witness something they know shouldn't come in.

When you're talking about as serious a crime as murder in Jacksonville, when a defendant's freedom or life is on the line, every effort must be made to ensure their rights are upheld. Much of this responsibility falls on the shoulders of a defense attorney.

In the case of State v. Allen, a Maryland case on appeal, a defendant charged with murder and robbery not once, but twice, had a new trial because of mistakes made along the way.

According to court documents, Jeffrey Allen was tried for the robbery and murder of his friend John Butler after being arrested in 2001. According to the case summary, the two men were at Butler's house when Allen demanded that Butler drive him home.

Butler refused, but Allen grabbed his keys and jingled them and said he was going to drive himself home. The two began fighting, which escalated when Allen allegedly grabbed a knife and stabbed Butler several times. He drove away, but later crashed the car and was arrested.

During the first trial, he was charged with first-degree premeditated murder, first-degree felony murder, second-degree murder, robbery with a deadly weapon and other, less-serious charges. The jury found him guilty of first-degree felony murder, second-degree murder, robbery with a deadly weapon and other charges.

On appeal, Allen argued that the judge messed up when instructing the jury that they could find Allen guilty of felony murder whether the intent to rob was formed before or after the trial. In Florida, a person faces first-degree murder if the state can prove one of two theories. Under one, the murder must be premeditated, or planned out. Under the other, a murder is committed during the course of committing another felony, such as robbery.

An appeals court ruled that "an afterthought" robbery can't be considered an underlying felony in support of felony murder. The court upheld all convictions except the felony murder charge.

The state, despite already having convictions for several charges, including second-degree murder and robbery, attempted to try Allen again for the first-degree murder charge. Again, there was a major error made that violated his rights.

During the second trial, in 2008, a judge told the jury -- over objection by the defense -- that the defendant had already been convicted of robbery. The judge told the jury that all they had to decide is whether the man committed felony murder.

But an appeals court correctly pointed out that by a judge telling jurors the defendant had already been convicted of robbery, as well as second-degree murder, the judge had set the elements for felony murder, wrapped them up with a bow and delivered them to the jury room for them to convict. Not surprisingly, they did.

The appeals court overturned the felony murder charge a second time. It's unclear if prosecutors are going to waste more taxpayer dollars on a third trial.

Continue reading "State v. Allen Shows Importance of Attentive Jacksonville Criminal Defense Lawyer" »

An 80-year-old woman was attacked, robbed and had her car stolen, The Florida Times-Union is reporting, and a man now faces several charges in the Jacksonville crime spree.

Charges of battery in Jacksonville can be filed for anything from a street fight to a domestic-violence situation. Police will tend to file the highest charge possible against a defendant when injuries are involved.

And there are situations where it's unclear who exactly is the victim and who is the suspect. These are the cases where an experienced Jacksonville criminal defense lawyer can step in and ensure that the defendant's rights are upheld. Independently investigating the case, looking into the credibility of witnesses and police statements and other facts is critical to proving who is at fault.

In this case, a 22-year-old was arrested and charged with prompting the attack on the south side of the city. The woman was left unconscious after the beating.

The man had blood on his shoes when he was arrested and police say he had the keys to her car on him when they found him. He now faces charges of home-invasion robbery, aggravated battery and auto theft.

The woman said that a man in his 20s came to her house twice that morning asking to use her telephone. She said he told her he had missed the bus and needed to call his mother. The second time, the woman told police, he hit her in the head until she blacked out.

An hour later, the woman came to and was bleeding heavily from her head. Her 1993 Toyota had been stolen. About six hours later, the police found the car abandoned. Within 15 minutes, they found the 22-year-old walking nearby.

The 80-year-old was hospitalized and was listed in fair condition as she recovered from her injuries.

It may be difficult for the man to show why he was holding the keys to the woman's car at the time he was arrested and why he allegedly drove it around for six hours and then left it abandoned on a street. Surely, investigators have taken his shoes and will be testing them to see if the blood on the shoes matches the woman's blood.

These charges can result in serious penalties, including decades in prison. In cases where there are injuries to a victim, the degree of the charge can increase. So, too, can prosecutors increase charges when the elderly or a child is the victim of a battery.

DNA testing is heavily relied upon by investigators and prosecutors, but there are still problems with the technology. In many cases, lab workers aren't able to say with 100 percent scientific certainty that the DNA from the suspect or victim is a match. That means there may be other people's DNA in the sample or that the experts can't say to whom the DNA belongs.

In many cases, this is a critical aspect of the case and a jury of everyday people needs to have an easy-to-understand explanation of what all the data means. An experienced Jacksonville criminal defense lawyer will be able to explain that, as well as handle all aspects of a major felony case.

Continue reading "Jacksonville Robbery, Battery Alleged in Attack on 80-Year-Old" »

A 20-year-old Jacksonville man has been arrested and charged in connection with a robbery and shooting at an Orange Park apartment, The Florida Times-Union reports.

Drugs and guns tend to go hand-in-hand in criminal enterprises, which gives police and prosecutors plenty of avenues to charge individuals accused of these crimes. Along with many possible drug charges in Jacksonville, such as possession, distribution, trafficking, buying, possession of drug paraphernalia or even racketeering, prosecutors can also tack on gun charges, such as carrying a concealed weapon, possession of a firearm by a convicted felon and others, most of which are felonies.

These charges can lead to potential serious prison sentences if not aggressively defended by a skilled Jacksonville criminal defense lawyer. Ensuring that the client's rights are upheld and that the evidence police intend to use is credible are two of the top concerns of a defense lawyer.

In this case, a 20-year-old, who lives in the 8000 block of Renault Drive North, is now charged with aggravated battery with a deadly weapon in the alleged attack October 22. A man was robbed and shot twice in his Orange Park Apartment, 2020 Wells Road.

According to police documents, investigators believe the shooting was the result of a drug deal. The alleged victim was hospitalized and expected to recover. The newspaper first reported that detectives believed it was a case of home-invasion robbery.

So, police have already made two allegations that they haven't been able to prove. First, they said they believed the case to be a robbery, yet the defendant isn't charged with robbery in any form. Second, they believe the case to be related to drugs, but they haven't made any drug-related arrests.

These are points that may be brought out at trial to show that detectives may have been going on a fishing expedition in order to bring charges against the suspect. It's possible that victims of crimes can embellish in order to get another person in deeper trouble than they are already in. Alleging that drugs were involved can do just that.

If police believe they have evidence that a victim knew the person who shot them, detectives may consider their credibility higher than a person shot by an unknown intruder. So, if they make additional allegations, it could lead to additional charges, which means possible increased penalties.

Shooting are serious crimes, but police still must have sound evidence in order to bring charges. Ballistics, which can match bullets to guns, are a key piece of evidence, supposing officers recover a weapon. Eyewitness identification can be spotty in shootings, especially in a crowd. An admission by a suspect is the strongest evidence police can have, so keeping quiet is important for suspects.

If you are arrested, the first thing you should do is ask for a lawyer. Don't attempt to talk your way out of the charges -- detectives have heard just about everything. Ask for an attorney by using your right to silence and discuss the case with him first. A Jacksonville criminal defense attorney can advise you of your rights and help you decide whether or not to talk to the police.

Continue reading "Jacksonville Man Accused in Drug-Related Shooting" »

First Coast News reports that a Jacksonville woman was handcuffed and bound for two hours during a home invasion.

According to police, a woman was at her house on West 43rd Street when a man kicked in back door and handcuffed and bound her feet and made her sit on the sofa. He came in carrying two weapons -- semiautomatic and silver.

Charges of kidnapping in Jacksonville can be terrifying for the victim because of the potential for harm. But the charge can also be terrifying to prove for prosecutors because it is often a case of mistaken identity that leads to an arrest. In other cases, a domestic situation is treated as a kidnapping and must be properly defended.

Jacksonville criminal defense lawyers have seen many defendants brought in on serious felony charges only to see them dropped when prosecutors realize that the police haven't put together a strong case. When a person is kidnapped or held against their will during a terrifying hold-up, they often mix up fact from the event and inaccurate memories stem from fear.

According to the news report, the masked man kicked in the back door of the house and came in carrying two weapons. The victim told police that the man seemed excited and fidgety and speculated that the man could be on some kind of drugs.

The victim stated that the man kept asking for money, asking for where "it" was. The man ransacked two rooms while he was there. Then he left when he couldn't find what he was looking for and tried to get into a stolen vehicle, which wouldn't start.

The woman freed herself and ran next door to call police. The man allegedly had disabled the woman's phone, making it unusable.

Kidnapping in Florida, according to Florida Statutes 787.01, kidnapping means holding by force a person against their will with the intent to inflict harm, commit another felony, hold them for ransom or use them as a shield or interfere with a government function.

The charge is punishable as a first-degree felony, which is punishable by up to life in prison. Obviously, it's a serious charge if it carries those type of penalties. Therefore, every case must be defended with the skills of an aggressive and experienced attorney, one who will look at every aspect of the charges and give the client aggressive representation.

With few witnesses who get a clear view of the action, kidnapping charges can sometimes be difficult to turn into convictions. With an experienced defense attorney in the way, things can be made more difficult. The state must prove its case beyond all reasonable doubt. That means there can't be any holes that are unexplained.

It is the right every American has and every defendant must be afforded in the criminal justice system. The penalties are too severe, too important, for the case to be handled without the utmost professionalism and understanding of a defendant's rights.

Continue reading "Jacksonville Home Invasion Leads to Two-Hour Detention" »

The future of a 21-year-old man is now in doubt as he has been arrested and charged with accessory after the fact in a string of Jacksonville shootings, First Coast News reports.

It appears the man is charged with participating in a string of shooting at vehicles on Branan Field Road in Jacksonville. The charge of accessory after the fact is a tough crime to assess without more details. According to Florida Statutes 777.03, a person facing that charge can be punished with a first-degree felony to a misdemeanor, depending on the circumstances.

Complex criminal cases such as these require an experienced Jacksonville criminal defense attorney who has the ability to separate the fact from fiction and help a defendant get a fair shot at trial.

According to news reports, police say vehicles were shot at around 4 a.m. one Saturday and again that Sunday. One person was struck in the shoulder was treated by fire and medical personnel at the scene.

Police believe two people were shooting at vehicles from a nearby patch of woods. While the police report charging the 21-year-old offers few details, it states another person is suspected of participating in the shootings. Up to five vehicles and drivers may have been victimized.

The charge of accessory after the fact also indicates that police don't believe the 21-year-old is the main culprit, but rather his alleged co-defendant may be the most responsible for the crime.

Accessory after the fact can apply to many different charges, according to Florida law. any person who assists an offender, knowing that the person has already committed a crime, can be charged with accessory after the fact. But accessory after the fact is charged based on the charge of the co-defendant.

For instance, if a person kills someone then calls a friend and asks them to help them move the body, accessory after the fact can come into play. But the severity of the charge depends on what charge the initial offender faces. If the person is charged with capital murder, then the accessory after the fact charge would be a first-degree felony, punishable by 30 years to life in prison. If the person is charged with second-degree murder, the person who aided faces a second-degree felony, punishable by up to 15 years in prison.

The charge is actually twice as difficult to defend because defending the person charged with accessory after the fact largely hinges on the state's case of proving the co-defendant's charges. If there are holes in the case against that person, the state may not be able to prove a first-degree felony, but only a second-degree felony. That, in turn, could mean the client charged with accessory after the fact faces a third-degree felony, a much less serious charge.

This is a complex area of criminal law in Jacksonville that requires an experienced and dedicated attorney. The charges can be serious and the penalties severe, so it shouldn't be left up to just anyone.

Continue reading "Branan Field Road Shootings Lead to Arrest of Jacksonville Man" »

A 22-year-old man was arrested after he was Tasered by police because he allegedly pulled a weapon on an officer, The Florida Times-Union reports.

Cases against police are especially difficult to defend, which is even more of a reason to hire an experienced and aggressive Jacksonville criminal defense attorney.

When officers are considered the victims in cases, jurors sometimes have a difficult time giving the defendant a fair trial. That's why jury selection to some is considered the most important part of a trial. Weeding out jurors who will be biased against the defendant and those who can't be open-minded is perhaps as important as presenting the facts in a Jacksonville aggravated assault or murder case.

Jury selection happens in the first days of a trial, as attorneys are able to extensively question prospective jurors in a group and sometimes individually. This is a critical stage because there are jurors who attempt to be selected as a juror so they can automatically find the defendant guilty.

Some people are so pro-police they won't stop to consider the facts that are presented. And the judge will tell prospective jurors that they must take an oath to judge the case solely on the facts. Sometimes that doesn't stop these people from dropping their preconceived notions.

That's why an experienced lawyer must be trusted to ask the type of questions that will lead those people to being excused in favor of citizens who can objectively look at the facts and come to a correction decision on the guilt or innocence of a defendant.

In this man's case, he now faces charges of possession of a firearm by a convicted felon, aggravated assault and carrying a concealed gun and knife.

The situation escalated recently when a staff member of the United Congregation Community Youth Center heard noise outside and found the man making loud noises on a slide. When the staffer told the man to leave, he refused.

When police arrived, the newspaper reports, the officer asked him to come over, but he refused and began cursing and acting angrily. When the officer pulled out a Taser, the man allegedly pulled out a gun, was shot with the Taser and then dropped his gun.

While being handcuffed, the officer allegedly found the loaded gun and a 12-inch steak knife hidden in his pants.

What must be considered in this case is whether the officer followed protocol by using a Taser on the man or if a different approach may have calmed the situation. It also must be discovered whether the man was committing a crime by sitting at the park, if it is a public place, and whether police response was required in that situation. Whether eyewitnesses were around must also be considered.

Continue reading "Man Tasered by Jacksonville Police After Pulling Weapon" »

Jacksonville police have arrested a man they allege was involved in a mass shooting in August in which 11 people were wounded and a woman's unborn child was killed, The Florida Times-Union reports.

The public wants someone who is accused of shooting a person arrested and locked up because they certainly could be dangerous to others. And police want the same thing. They get pressured from news reports as well as higher-ups and victims' family members to quickly collar someone for the crime.

But rushed judgment is never good, despite the desire to make an arrest for murder in Jacksonville. It's sometimes easy to spot these cases because once they make their way into the criminal justice system, prosecutors sometimes have problems with too few witnesses and those witnesses who rush to judgement without being completely sure of what they saw.

A defendant who remains quiet, hires an experienced attorney, and sets to work building a defense can often be in much better shape than many would have thought at the outset.

In this case, the 22-year-old faces a charge of possession of a firearm by a felon. Authorities say they tracked him for a week before making the arrest.

According to a police report, witnesses allegedly saw him pulling out a gun, pointing it at them and opening fire during a party Aug. 28 in the Brooklyn area of Jacksonville. It's unclear if anyone was hit or whether the source of the information is reliable.

The man denied being armed at the party. Police say they found a weapon inside the home when he was arrested, though it's unclear who else lives inside the house with the 22-year-old.

The newspaper reports that more than 150 people attended the party, which was meant to celebrate several people's birthdays. Police have said publicly that many people witnessed the shootings, yet haven't come forward to talk with police. They have offered no motivation for the 22-year-old being involved with the shooting.

According to the newspaper, the man was released from prison in May after serving time for grand theft auto and leaving the scene of an accident causing injuries. He has past convictions for marijuana possession and giving a false name to police, but no violent crimes.

With 150 people in a close space, a shooting can really disrupt the party! And it most likely resulted in people scattering, running in different directions and just generally trying to get away. No one stands still and watches the shooting as it happens. Therefore, cases of shootings in big crowds are tough cases for the prosecution to make.

There are likely many contradictions that the police have heard from witnesses. They may have heard a name from one or two witnesses of a man who happens to be a convicted felon and they zeroed in on him as a prime suspect. The true facts of what happened will hopefully come out as this man nears trial.

Continue reading "Jacksonville Man Charged in Mass Shooting" »

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" »

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" »

A recent armed robbery has left one man wounded and several other men at large wanted for the crime, The Florida Times-Union reported.

Like many crimes involving theft, there are varying degrees in Florida, ranging from shoplifting to robbery. But regardless of what is alleged by law enforcement, it must be proven beyond a reasonable doubt in a court of law. And hiring an aggressive Jacksonville Criminal Defense Attorney will help protect the defendant's rights in Jacksonville robbery cases.

In this most recent case, authorities believe the man was walking near East Fifth Street just before 6:30 p.m. when three men walked up and one demanded that he "Give it up." When the man, whom the newspaper reported was "elderly" but didn't provide his age, began walking away, one of the alleged robbers fired a shot, striking the man in the back.

The three suspects ran away and the victim limped to a nearby house, where emergency crews were called. He suffered a bullet wound to his shoulder and the injuries aren't expected to be life-threatening.

In Florida, under Florida Statutes 812.03, a person can face years to decades in prison if convicted of different forms of robbery.

Robbery charged in the first degree: This is when a person uses a weapon or even just carries a weapon. It's possible that having a pocket knife on a keychain that isn't used during the robbery could result in a first-degree robbery charge. In that case, the defendant faces up to 30 years in prison.

Robbery charged in the second degree: This is taking something from someone without using or carrying a weapon.

Some people get robbery and burglary confused, but there is a distinct difference. In burglary cases, a suspect steals from a building, house or vehicle. A robbery is stealing directly from a person. While there are cases where a person can commit a burglary where a person is present, the difference is possessions weren't taken directly from a person.

Robbery is one of the charges that applies to the state's 10-20-Life law that establishes minimum mandatory sentences for crimes involving weapons. Under the law, a person who uses a gun during a robbery faces at least 10 years in prison. If the gun is fired, the person must serve at least 20 years in prison. If someone is injured or killed, the sentence must be 25 years to life.

Proving a person was involved in a robbery can be difficult without eye witness accounts, video surveillance, fingerprints, DNA or other proof. But many of these pieces of evidence can be disproven and the credibility of witnesses, especially co-defendants who accept reduced plea deals, can be questioned. An aggressive Jacksonville Criminal Defense Attorney understand the severity of the penalties and what must go into defending these charges.

Continue reading "Attempted Robbery in Jacksonville Leaves Man Wounded With Gunshot Wound" »

A former Florida Department of Children and Families worker has entered a plea of guilty to Official Misconduct for falsifying a report in a child abuse case in Jacksonville. Quakeita Anderson entered the plea to the third degree felony of official misconduct, which means she was a public servant at the time of the crime of falsifying an official record while having a corrupt intent. Anderson was accused of closing one of her child abuse investigations in Jacksonville without conducting a final visit with the family, as required. Even though she did not make the visit, Anderson put in her report that she did in fact make the visit.

Quakeita Anerson entered the plea because it was in her best interest, according to court documents. The judge will determine, after a sentencing hearing, whether or not to adjudicate Anderson guilty of the felony or withhold adjudication of guilt. The rest of Anderson's sentence will be six months probation to perform 50 hours of community service. Once Anderson completes the community service in Jacksonville, early termination of probation will be authorized. The state attorney elected to drop the other charge, which was Falsifying Records, a third degree felony.

A police lieutenant has been arrested in Flagler County for Elderly Abuse and battery. Robert Milstead has been a police officer for 32 years and has been with the Flagler Beach Police Department for 3 years. He is charged with yanking a disabled driver out of his car, putting him in handcuffs, and spraying him with pepper-spray during a traffic stop. The battery charge comes from another man who said Milstead used pepper-spray on him as well and called him racist names.

The Florida Department of Law Enforcement has been investigating these allegations and says they have other police officers who were witnesses.

The principal of Yulee Elementary School has been arrested in Nassau County for aggravated battery and false imprisonment of his wife. Police say Scott Hodges' wife told them he grabbed her and pushed her several times. In a bizarre twist, she reported that she then stabbed HERSELF in the arms because she felt she had no other choice. The alleged victim said Hodges then stabbed her many times in the leg. The wife also claimed that he used his body to keep her in the house all night.

In order to be convicted of an aggravated battery in Jacksonville or anywhere in Florida, the state attorney must prove that Hodges committed a battery and in doing so intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to his wife or used a deadly weapon. To commit a battery, you have to intentionally touch someone against their will or intentionally harm someone. Aggravated Battery is a second degree felony in Florida and is punishable for up to 15 years in prison.

To prove false imprisonment, the state must show that Hodges forcibly, by threat, or secretly confining, abducting, or imprisoning, or restraining his wife without lawful authority or against her will. False imprisonment is a third degree felony in Florida punishable for up to five years in prison.

Jacksonville Sheriff's Office Sheriff John Rutherford has released some crime statistics for 2009 in Jacksonville. According to Rutherford violent crime in Jacksonville and property crimes have dropped. Here are the numbers:

Rape in Jacksonville - down 16.8%
Robbery in Jacksonville - down 19.7%
Aggravated Assault in Jacksonville - down 13.2%
Homicide in Jacksonville - down 13.9%
Burglary in Jacksonville - down 5.9%
Theft in Jacksonville - down 8%
Grand Theft Auto in Jacksonville - down 32.5%

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.