Articles Posted in Felony Crimes

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Last weekend ABC News reported the Pasco County Florida Sheriff’s Office recently arrested a female juvenile accused of using social media to make online threats against three schools.  According to an arrest report, the 13 year-old girl created an Instagram account with the username “Jake The Klown” and wrote a post last week claiming Gulf Middle, Gulf High, and River Ridge High schools in New Port Richey, 40 miles north of Saint Petersburg, would be attacked on Monday, October 30, 2017.  The report further states the girl told deputies the post was a prank.

The eighth grader, who is not being identified because of her age, faces a felony charge of written threats to kill or do bodily harm. An experienced criminal defense lawyer familiar with this charge, however, may be able to get the charge reduced, or even dismissed.

The crime of written threats to kill or do bodily harm is governed by Florida Statute section 836.10.  That section provides “[a]ny person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”  Continue reading

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As a criminal defense lawyer, I often defend charges of domestic battery.  Typically, I receive a call from either the person arrested in a domestic battery case or the alleged victim calling on behalf of the person arrested, usually her boyfriend, who is in jail.  If it’s the latter, they usually inform me they would like to have the case dropped.  Unfortunately, many times the State will proceed with the prosecution regardless of the alleged victim’s desires.

Many domestic battery cases result in misdemeanor charges where the range of penalties include up to one year in the county jail. Some domestic battery situations, however, result in felony charges.  This article will discuss the four most common felonies I typically encounter while representing people involved in a domestic dispute.

The first of these charges is felony battery.  Felony battery is defined by Florida Statute section 784.041(1) as intentionally touching or striking another person against their will which causes great bodily harm, permanent disability, or permanent disfigurement.  The crime of Felony Battery is a third degree felony punishable by up to five years in prison, five years of probation, and a $5,000 fine.  Continue reading

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On September 29, 2017 the First District Court of Appeal made new law concerning the type of signage posted on your property that can prevent warrantless investigation of the occupants.  The case is State of Florida v. Crowley; Case No.:  1D16-3380.

In Crowley, Jacksonville Sheriff’s Officers received an anonymous tip someone was growing and selling marijuana from their home.  An officer decided to visit the home and talk to the occupants. Upon his arrival at the home, the officer approached up the front walkway to the front door which bore a conspicuous “No Soliciting” sign.  Ignoring the sign, the officer knocked on the door.  Robert David Crowley opened the door and spoke with the officer.  Mr. Crowley did not ask the officer to leave the premises.  The officer inquired about a supposed lost friend.  While speaking with Mr. Crowley the officer detected a strong odor of marijuana emanating from inside the home.

After the conversation ended, the officer obtained a search warrant and returned to search Mr. Crowley’s home.  The search produced seventy-seven marijuana plants, drug paraphernalia, and a firearm.  Mr. Crowley was then arrested and criminally charged.  Continue reading

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The Florida Times Union just reported on a road rage case on Thursday in St. John’s County.  According to the article, a newly licensed teen driver was with her mother and teenage brother when the vehicle behind them honked, flashed its lights and the driver gestured and yelled at them.  The second vehicle then rammed the young driver’s car three times.  The incident was witnessed by others who reported it to police.  The offending driver subsequently was arrested and charged with three counts of aggravated battery, a third degree felony punishable by up to five years imprisonment and one of leaving the scene of a crash, a second degree misdemeanor punishable by up to 60 days in the county jail.

This rather egregious example of road rage is not uncommon in Florida.  Furthermore, the number of road rage incidents involving guns is on the rise.  A study by the nonprofit news organization The Trace found there were more than 1,300 gun-related road rage incidents nationwide from January 2014 to December 2015.  And, the study found Florida reported 146 incidents during that time frame.  That is the most in the country.

In a recent interesting case reported in the Palm Beach Post, a priest was driving his red corvette (I’m not making this up) on the Florida Turnpike when he “brake checked” a pickup truck closely following his vehicle.  When the pickup driver then tried to go around the priest’s ‘vette, the priest allegedly pointed a handgun at the driver (again, I’m not making this stuff up).  When questioned by police, the priest reported the pickup driver had pulled up beside his vehicle whereupon someone rolled down a window, started screaming and then threw a drink at his vehicle.  While the priest confirmed he had a gun in his vehicle, he contended it was not loaded and it was under the passenger seat during the entire incident.  Nonetheless, the priest was arrested and charged with two counts of assault with a deadly weapon, a third degree felony punishable by up to five years in prison. Continue reading

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In the past year there have been numerous local undercover operations wherein detectives pose as underage females seeking sex on the internet.  Many of the ads are posted on Craigslist or similar sites.  They typically begin with a posted ad stating the poster is home alone, bored and looking for something to do.  The initial ad sometimes also states the poster is a female anywhere from 12 to 14 years old, although sometimes their purported age is not disclosed until later.

After making initial contact with the poster, a texting dialog usually follows.  It can be brief or run for several hours or even days.  The poster will send and also ask for a photo.  During the dialog, sex is discussed.  A time and place to meet is also established.  When the responder arrives to meet the poster, they are then detained by numerous officers, interviewed without a lawyer present, arrested and their vehicle is then taken and subject to forfeiture.  They are then transported to the jail and face a high bond, sometimes in the hundreds of thousands of dollars, in order to get out while their case is pending.

According to a recent article in The Florida Times-Union, a few weeks ago yet another one of these stings, designated “Operation Cruel Summer” occurred in St. John’s County.  The operation involved the Florida Department of Law Enforcement, the State Attorney’s Office, sheriffs’ offices from St. Johns, Putnam, Duval and Okaloosa counties as well as police departments from St. Augustine Beach, Orange Park and Gainesville. It resulted in the arrest Friday of 17 men ages 19 to 60 years old. Continue reading

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In 2002 actor Bill Cosby met Andrea Constand at his alma mater, Temple University in Philadelphia, where she was on the staff of the women’s basketball team.  Later, in the beginning of 2004, Cosby invited Constand to his home to discuss her career options. While she was there, Cosby gave her pills to relax her before lying on the couch with her and engaging in sexual acts. At the time Cosby was 66 and Constand was 30.

About a year later Constand told her mother about the incident with Cosby and that it was non-consensual.  They reported the matter to police, who suggest they record Cosby on a phone call.  In the call, Cosby admitted performing “digital penetration” but refused to identify the name of the pills he gave Constand.  The case was then referred to Pennsylvania authorities.

In February 2005 Montgomery County District Attorney Bruce Castor announced he would not  charge Cosby. In describing the case against Cosby as weak, Castor cited the yearlong delay in Constand’s report to her mother, Constand’s continued contact with Cosby after the incident and the fact that other accusers who had also come forward had never filed formal complaints with law enforcement.

In March 2005 Constand civilly sued Cosby for sexual battery and defamation.  During that case Cosby gave four days of deposition testimony about his affairs with young women over 50 years. The case ultimately resulted in a confidential settlement.  Continue reading

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Capable criminal defense lawyers know there are two major avenues for defending drug possession cases.  The first is to pursue traditional defenses such as investigating search and seizure issues, warrant issues, actual versus constructive possession issues and other similar traditional defenses.  The second major avenue, and one unfortunately oftentimes overlooked, is to fully investigate and develop sentencing phase “mitigation” evidence.  Effective mitigation in a criminal drug possession case, or in any criminal case for that matter, is oftentimes critical in avoiding a conviction and/or jail or prison time.

So what is mitigation evidence?  It is evidence of individual-specific circumstances generally beyond your control that significantly adversely affected your character and behavior which lead to your arrest.

Typical mitigation evidence in drug possession cases involves, among other things, showing your drug addiction arose from you initially being lawfully prescribed pain medications by a licensed physician for a medically documented injury, such as neck and/or back pain from an automobile or on-the-job accident.  The mitigation evidence generally demonstrates you were placed on an extended course of prescribed pain medications such that by the time your prescription had expired you had become addicted, through no fault of your own.  Faced with your addiction and the lack of any further prescriptions for the pain medication, your character and behavior were involuntarily altered to the extent you were left to satisfy your addiction on the “black market” or on the street.  This type of mitigation evidence often is rightfully considered by the State in arriving at a negotiated disposition of your case (in what is oftentimes referred to as “plea bargaining”) that spares you a formal felony drug possession conviction and/or jail or prison time. Continue reading

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I’ve had numerous inquiries about registration requirements for those convicted of felonies within the State of Florida.  Many folks, and apparently even some lawyers, believe the registration requirements only apply to those convicted of sex offenses.  That is incorrect.  Thus, while it is commonly known that certain sexual offenders or sexual predators must register with their local Sheriff’s Office, it is less widely known that there are registration requirements associated with non-sex felony offenses as well.

Florida Statute section 775.13 imposes a registration requirement for anyone convicted of any felony in the State of Florida.  That section requires “convicted” felons to register with the sheriff within 48 hours of entering any county within the State of Florida.  The required registration includes being fingerprinted and photographed.   Furthermore, the registration requirement also applies to anyone convicted of a felony in any state or federal court outside the State of Florida.

Failure to register as a convicted felon in Florida is a second degree misdemeanor, punishable by up to 6 months in prison.  However, if you’ve been convicted of a gang-related offense and fail to register, that is considered a third degree felony, and is punishable by up to 5 years in prison. Continue reading