Articles Posted in Violent crimes

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Under the Florida and United States Constitution, people cannot be convicted more than once for the same crime. As such, if a defendant is found guilty of committing numerous offenses that all stem from the same incident and require the same proof, it may violate their double jeopardy rights, as demonstrated in a recent Florida battery case. If you are charged with a violent offense, including battery, it is wise to meet with a Sarasota violent crime defense lawyer to assess your rights.

Factual and Procedural Setting

It is reported that the defendant, while incarcerated in a county jail, punched another inmate, fracturing his jaw. As a result, he faced two charges: detainee battery and felony battery. Following a trial, the jury found him guilty of detainee battery but acquitted him of felony battery based on causing great bodily harm, instead finding him guilty of the lesser offense of simple battery.

Allegedly, the State subsequently presented evidence of the defendant’s prior convictions, leading the jury to convict him of felony battery based on a previous conviction. The trial court sentenced him to the maximum of five years in prison for each count, to run consecutively. The defendant then appealed his convictions, arguing that the sentences for both convictions constituted double jeopardy.

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People charged with serious violent crimes often fear that they will be found guilty and sentenced to serve a lengthy term in prison, especially if they have prior convictions. There are limitations as to what sentences the courts can impose, however, and if they deviate from the sentencing scheme without just cause, there may be grounds for objecting to the sentence, as demonstrated in a recent Florida case in which the defendant was convicted of attempted manslaughter and felony battery. If you are faced with accusations that you committed a violent crime, it is critical to speak to a Sarasota violent crime defense lawyer as soon as possible.

History of the Case

It is reported that the defendant was charged with attempted first-degree murder with a weapon and aggravated battery with a weapon. She was subsequently convicted of attempted manslaughter with a weapon, which was a lesser included offense of the murder charge, and felony battery, which was a lesser included offense of the battery crime. Following her sentencing, she appealed both her convictions and her sentence.

Grounds for Revising Sentences

On appeal, the defendant set forth numerous arguments. The court rejected the defendant’s first five arguments, affirming her convictions without discussion. The court then addressed the two remaining arguments the defendant asserted contesting her sentences.

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Pursuant to Florida law, while the courts have some discretion when sentencing people convicted of crimes, the sentences they administer must fall within the range dictated by the statutory guidelines. Accordingly, if a sentence exceeds a statutory maximum, it may be illegal and, therefore, may be subject to reversal. A Florida court recently discussed the grounds for reversing illegal sentences in a Florida case in which it granted the defendant’s request to vacate his sentences for aggravated battery and aggravated assault. If you are charged with assault, battery, or any other violent offense, it is smart to talk to a Sarasota violent crime defense lawyer to determine your rights.

Case Setting

It is alleged that the defendant faced convictions for two counts of aggravated battery with a deadly weapon and one count of aggravated assault with a deadly weapon. The charges stemmed from an altercation where the defendant allegedly indiscriminately fired shots into a crowd, injuring multiple individuals.

Reportedly, witness testimony during the trial implicated the defendant as the perpetrator of the shooting. He was subsequently convicted by a jury and sentenced to 36 years in prison for each aggravated battery conviction and 36 years with a 20-year mandatory minimum for aggravated assault. The defendant appealed, challenging multiple aspects of his convictions and sentences, including the admission of certain evidence, jury instructions, and the legality of his sentences. Continue Reading ›

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In Florida, driving is a privilege, and drivers must comply with certain laws in order to maintain that privilege. If they fail to do so, they may not only lose their right to drive but may face criminal charges as well. As demonstrated in a recent Florida case, people convicted of crimes involving vehicles may be charged with battery and, if convicted, may be sentenced to decades in prison. If you are charged with a violent crime, it is smart to talk to a Sarasota violent crime defense attorney about your options.

Case Background

It is reported that the defendant was charged with multiple crimes involving his use of a vehicle, including aggravated battery with a deadly weapon, fleeing law enforcement, driving with a revoked license, leaving the scene of an accident, and tampering with a witness. He was found guilty on all counts and sentenced to thirty years in prison. He moved for postconviction relief, claiming ineffective assistance of counsel. The trial court denied his motion, and he appealed.

Grounds for Reversing Criminal Convictions

On appeal, the defendant raised claims of ineffective assistance of counsel and a double jeopardy violation. The court applied the Strickland standard for ineffective assistance of counsel, requiring a showing of deficient performance and resulting prejudice. In the first claim, the defendant argued that his counsel was ineffective for not objecting to an amended information filed after the speedy-trial period. The court found that the defendant had waived his speedy-trial rights by requesting a continuance before the amendment, rendering the objection meritless and his counsel’s performance reasonable.

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The Florida courts take allegations of domestic violence seriously and will order injunctions for protection in matters in which they believe the petitioners present credible evidence of acts that constitute domestic violence. People that subsequently violate such injunctions may be subject to criminal penalties. The prosecution must establish each element of the crime of violating an injunction for protection in order to obtain a conviction; however, if it cannot, the defendant should be found not guilty. Recently, a Florida court vacated a defendant’s conviction for violating a protection order on the grounds the prosecution failed to establish each element of the crime. If you are charged with a domestic violence crime, you should speak to a Sarasota domestic violence defense attorney to determine what defenses you may be able to set forth.

Facts of the Case

It is reported that the state charged the defendant by information with stalking and violating an injunction for protection against repeat violence. During the trial, the state presented evidence that the alleged victim had sought and obtained an injunction against stalking against the defendant. The state did not present evidence of any other injunctions.

It is alleged that the defendant then moved for acquittal on the grounds that the state failed to establish the issuance of either an injunction against repeat violence or an injunction for protection against domestic violence. The trial court denied his motion, and he was found guilty as charged. The defendant then appealed.

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The state staunchly prosecutes violent crimes, and people convicted of such offenses are often sentenced to lengthy prison terms. There are statutory limits pertaining to sentences for violent crimes, however, and if a sentence imposed by a court exceeds the statutory guidelines, it may be illegal. Recently, a Florida court discussed what constitutes an illegal sentence in a case in which the defendant sought to correct a sentence imposed for aggravated assault. If you are charged with a violent crime, it is smart to consult a Sarasota criminal defense attorney to assess your options for pursuing a good outcome.

Procedural Background

Allegedly, the defendant was charged with manslaughter and aggravated assault. A jury convicted him following a trial, and the jury explicitly found that he discharged a gun when he committed the crimes. The trial court then issued a sentence of twenty years in prison for the aggravated assault count and thirty years for the manslaughter count, which were the statutory minimums. The court relied on the jury’s findings in issuing the sentences.

It is reported that the defendant then appealed, arguing that the sentence for his aggravated assault conviction was illegal. He also filed a motion arguing that because a firearm was an essential element of both crimes, his convictions were improperly reclassified, and therefore, his sentences exceeded the statutory limit. Continue Reading ›

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It is not uncommon for the State to file multiple criminal charges against a person following a single incident. While this is permissible, a person cannot be tried or convicted more than once for the same crime, as doing so would violate double jeopardy. In many instances, double jeopardy also bars a person from being convicted for an offense and a lesser offense, even though they are two different crimes. This was illustrated in a recent Florida case in which the court vacated a defendant’s conviction for attempted home invasion robbery due to his conviction for burglary with assault. If you are accused of a violent offense, it is in your best interest to talk to a Sarasota violent crime defense attorney to evaluate your options for seeking a good outcome.

History of the Case

It is reported that the defendant was charged with multiple crimes following a home invasion that resulted in the death of two people and the shootings of four other individuals. The case proceeded to trial, and the defendant was found guilty of fourteen separate offenses, including burglary with assault and attempted home invasion robbery. Prior to sentencing, the defendant filed an appeal. Among other arguments he set forth, the defendant claimed that his convictions for burglary with assault and attempted home invasion robbery violated double jeopardy. The court agreed with the defendant’s assertions and vacated his conviction for the robbery offense.

Protections Against Double Jeopardy

The court explained that double jeopardy claims set forth pure questions of law; as such, they are reviewed de novo. Pursuant to Florida law, separate convictions for distinct offenses arising out of a single act are only permissible if each crime contains at least one element that the other does not.

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Federal law deems certain offenses as crimes of violence. If a defendant is convicted of using a firearm during a crime of violence, they may face significantly greater penalties than they would otherwise receive. If the elements of an offense do not expressly require the use of force or bodily harm, though, it may not be clear if it constitutes a crime of violence. Recently, in a ruling in which it denied the defendant’s appeal, a Florida court discussed what offenses are considered crimes of violence. If you are charged with a violent crime, it is in your best interest to consult a dedicated Florida criminal defense lawyer as soon as possible.

The History of the Case

It is reported that the defendant pleaded guilty and was convicted of numerous offenses, including bank robbery, attempted bank robbery, and brandishing a weapon in relation to and during crimes of violence, pursuant to federal law. He was sentenced to severe penalties for discharging a firearm, namely an additional seven years for each of the three crimes of violence for a total of an additional twenty-one years. He subsequently appealed his convictions, arguing in part that robbery and attempted robbery were not crimes of violence and that the statute defining sentences for crimes of violence was impermissibly vague. The court rejected his reasoning and denied his appeal.

Crimes of Violence Under Federal Law

Under the statute in question, an offense will be considered a crime of violence if it is a felony that includes an element of the use or threatened or attempted use of force against another person. The courts employ a categorical approach to determine if a crime is a crime of violence. In other words, they look only at the elements of the charged offense, presume that the defendant’s conviction arose of the least of the acts deemed unlawful, and then assess whether those acts meet the criteria of a crime of violence.

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Kidnapping is one of the most serious crimes a person can be accused of committing, and a conviction for kidnapping often results in a lengthy jail sentence. Not all confinements during the commission of a criminal offense constitute grounds for a kidnapping conviction, though. Rather, as explained in a recent Florida opinion, the courts must conduct a three-part test to determine if the State has met its burden of proof with regard to a defendant’s guilt in a kidnapping case. If you are charged with kidnapping or any other violent offense, it is advisable to speak to a knowledgeable Sarasota violent crime defense lawyer regarding what evidence the State must produce to establish your guilt.

The Facts of the Case

It is reported that the defendant and two other individuals entered an auto parts store shortly before it closed. One of the men placed a gun to the store manager’s head and demanded that he and two other employees and two customers get on the ground, which they did. The man then grabbed the manager and forced him to open the safe in the back of the store. The defendant and the other man stayed with the employees and customers in the store. One of the gunmen struck an employee who refused to abide by his command and dragged him to the middle of the store. The men then made the other employee and the customers crawl to a back room where they were robbed.

Allegedly, the State charged the defendant with four counts of kidnapping in the facilitation of a felony. He was convicted, after which he appealed. On appeal, the court upheld three of his convictions but reversed one on the grounds the evidence produced by the State was insufficient to sustain the conviction under the three-part test for kidnapping during the commission of a felony as established under Florida law. Continue Reading ›

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In many criminal matters, the State must rely on circumstantial evidence to obtain a conviction, such as eyewitness testimony. Similarly, criminal defendants often ask witnesses to testify to substantiate their defenses. Thus, the inability to present a witness can be greatly prejudicial to a defendant and may result in an unjust conviction. A defendant who wishes to delay a trial or verdict to permit an additional witness to testify must meet a high burden of proof; however, and such requests are not often granted. Recently, a Florida court discussed what a defendant seeking a continuance to present an additional witness must prove for the request to be granted in a case in which the defendant was convicted of numerous violent crimes. If you are charged with violent offenses, it is in your best interest to speak to a trusted Sarasota violent crime defense attorney regarding your rights.

The History of the Case

It is reported that the defendant was charged with multiple violent crimes, including first-degree murder and armed robbery. During his trial, he filed a motion for a continuance so that he could present an additional witness. The court denied his motion, and he was convicted as charged. He subsequently appealed, arguing in part that the trial court erred in denying his motion for a continuance. On appeal, the court affirmed the trial court ruling and the jury’s verdict.

Motions for Continuances to Present Additional Witnesses

After reviewing the evidence of record, the court noted that the defendant preserved the issue for appeal but found that his appeal lacked merit. The court explained that a denial of a motion for a continuance is reviewed for an abuse of discretion. In the subject case, the defendant’s attorney requested the continuance after both sides had presented their cases and closing arguments were about to begin. He asserted that a possible witness had just been disclosed but admitted he had not spoken to or met with the witness. Continue Reading ›