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In many criminal matters,  the prosecution lacks direct evidence that the defendant committed the crime in question. While prosecutors can use circumstantial evidence to demonstrate a defendant’s guilt, they must abide by any applicable rules of evidence. Recently, a Florida court examined when witness opinion testimony can be introduced in a criminal trial, in a case in which the defendant was convicted of murder and other charges. If you are accused of a violent crime, it is wise to meet with a Tampa violent crime defense attorney to assess your possible defenses.

History of the Case

It is reported that the defendant faced numerous charges, including second-degree murder with a firearm, shooting into an occupied vehicle, and aggravated assault with a firearm. The charges stemmed from a dispute between the defendant’s family and the victim’s family, culminating in a confrontation at a local park. Earlier animosity arose from the defendant’s sister’s past relationship with the victim. A Snapchat conversation between the defendant and the victim led to an agreement for a fistfight to settle their differences. On the night of the incident, the defendant drove to the park armed with an AR-15 rifle. A heated argument ensued, and the defendant fired multiple shots from his vehicle, resulting in the death of the victim and injuries to others present.

Allegedly, the evidence presented during the trial included testimonies from witnesses, forensic analysis, and the defendant’s own account. The court noted that the defendant claimed self-defense, asserting that he shot at the victim to prevent an imminent threat. Witnesses provided conflicting accounts, with some supporting the defendant’s version and others disputing it. The defendant was convicted, after which he appealed, arguing in part that the trial court erred by allowing a witness to opine on the reasonableness of the defendant’s use of deadly force. Continue Reading ›

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Florida law permits the courts to not only sentence people convicted of crimes to imprisonment but also to order them to pay restitution to their victims. Recently, a Florida court discussed the basis for imposing a restitution order in a battery case in which it affirmed the trial court’s sentence. If you are accused of battery, it is in your best interest to meet with a Tampa violent crime defense attorney to determine what arguments you may be able to assert in your defense.

Factual and Procedural Overview

It is reported that the defendant faced charges of high-speed or wanton fleeing, aggravated battery with a deadly weapon on law enforcement officers, and resisting officers without violence. His charges stemmed from a single incident in which he was involved in a car chase and reportedly rammed his truck into sheriff’s deputy vehicles. During the trial, conflicting evidence arose regarding whether the defendant’s vehicle hit the deputies’ cars or vice versa. The jury found him guilty of attempted aggravated battery and acquitted him of the principal offense of aggravated battery.

Allegedly, following the defendant’s conviction, the trial court sentenced him to prison and ordered restitution of $8,018.85 for the property damage inflicted on the sheriff’s vehicles. Although the defendant did not object to the restitution order during sentencing, he later contested it in a motion, asserting that he was acquitted of the charge forming the basis of the restitution. The court denied his motion, and he appealed. Continue Reading ›

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When sentencing a defendant following a conviction, the Florida courts will look at mitigating and aggravating factors to determine what constitutes an appropriate penalty. Typically, such analysis and sentencing occur shortly after a conviction. Merely because a significant amount of time has passed between a conviction and sentencing, however, does not mean that the sentence is patently cruel and unusual, as demonstrated in a recent Florida case in which the defendant appealed his sentence for murder and other crimes, which was delivered thirty years after his conviction. If you are accused of a violent crime, it is crucial to retain a Tampa violent crime defense attorney to assist you in fighting to protect your liberties.

History of the Case

It is alleged that the defendant went to a substance abuse rehabilitation facility, where he provided the staff with a motel room number. The victim, a nurse the defendant knew, was subsequently found dead in the motel room. The defendant was charged and convicted of first-degree murder. The trial court imposed the death penalty in accordance with the jury’s recommendation. The trial court’s decision was affirmed in 1996.

It is reported that the defendant was granted two additional sentencing proceedings. In the first new sentencing proceeding, in 2005, it was found that he received ineffective assistance of counsel, but the death sentence was affirmed. In the second sentencing proceeding, the defendant waived the right to a penalty-phase jury and the right to present mitigating evidence. The trial court imposed a death sentence after considering the aggravating factors and mitigating circumstances, and he appealed. Continue Reading ›

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Under State and Federal law, people have the right to represent themselves in criminal trials. Self-representation is not a venture that should be entered into lightly, however, as few non-attorneys possess the skills and legal knowledge needed to mount a compelling defense on their own behalf.   While a pro se defendant may intend to consult with an attorney waiting in the wings, they do not have the constitutional right to do so, as demonstrated in a recent Florida ruling in which the court denied the defendant’s appeal following his assault conviction. If you are charged with assault and battery, it is wise to meet with a Tampa violent crime defense attorney about your possible defenses as soon as you can.

Procedural Background of the Case

It is reported that the defendant was charged with battery on a police officer. After the state rested its case, the defendant asked to represent himself for the rest of the trial. The court conducted a Faretta hearing, after which it found that the defendant voluntarily, knowingly, and freely chose to represent himself despite the risks. During the trial, the defendant repeatedly tried to read from deposition testimony, but the court refused to permit him to do so. The court then asked the defendant if, in light of the fact that he could not read from the deposition transcripts, he still wanted to proceed without an attorney. The defendant responded that he did.

Allegedly, the defendant later asked if the court would allow one of his former lawyers to help him. The judge allowed the defendant to consult his former attorneys to determine whether they should represent him. After that discussion, the defendant chose to represent himself. He was convicted, after which he appealed. Continue Reading ›

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In Florida, crimes are classified by degrees, with life felonies carrying the most significant penalties. It is critical that the courts classify criminal offenses accurately because if they fail to do so, it can result in improperly enhanced sentences. The impact of an inaccurate crime classification was demonstrated in an opinion recently delivered by a Florida court in which the court found that the defendant was entitled to an appeal after he was sentenced for a life felony when he was convicted of attempted first-degree murder, which is a first-degree felony. If you are charged with a violent offense, it is critical to retain a Tampa violent crime defense attorney who will fight to protect your interests.

Facts of the Case

Allegedly, the defendant shot his girlfriend in front of multiple witnesses. In an attempt to hide the shooting, he hired a third party to murder the witnesses, one of whom lived. The defendant was then charged with one count of attempted first-degree murder with a weapon and two counts of first-degree murder with a weapon. The jury convicted him of attempted first-degree murder with a weapon as a principal due to the actions committed by his co-defendant.

It is reported that the jury did not issue a specific finding that the defendant used, displayed, or threatened to use a gun during the commission of the crime, however. Under Florida law, first-degree murder is a first-degree felony, but the trial court entered a judgment listing the offense as a life felony. The defendant then filed a petition for habeas corpus review, arguing that the court incorrectly enhanced his sentence. Continue Reading ›

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The Fifth Amendment of the United States Constitution protects people from incriminating themselves. In Miranda v. Arizona, the United States Supreme Court interpreted the Fifth Amendment to require that a criminal suspect be verbally advised of their right to remain silent and to be represented by an attorney prior to being questioned by the police. If a criminal defendant chooses to waive their Miranda rights, however, any information that they provide law enforcement agents can be used against them. Recently, a Florida court discussed what evidence is needed to demonstrate a voluntary and knowing waiver of Miranda rights in a matter in which the defendant appealed his conviction for first-degree murder and other crimes. If you are accused of a violent offense, it is in your best interest to meet with a Tampa violent offense defense lawyer to discuss your rights.

The Facts of the Case

It is alleged that the defendant walked into a home in which an eighteen-year-old and five other children were sleeping. One of the children recognized the defendant from a social media website. The defendant fired a gun multiple times, striking the eighteen-year-old and two of the children; the eighteen-year-old died from his wounds. The police arrested the defendant and transported him to a homicide office.

It is reported that the defendant advised the police that he could read and write English and was not under the influence of drugs. He was then given a form listing his constitutional rights and verbally advised of his right not to make statements or answer questions and of his right to an attorney. He stated he understood his rights and answered the detective’s questions. The defendant was charged with first-degree murder, second-degree murder, and four other crimes. He moved to suppress the statements he made during the initial investigation, arguing he did not validly waive his Miranda rights. The trial court denied his motion, and a jury convicted him as charged. He then appealed. Continue Reading ›

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Florida courts generally use sentencing guidelines when determining what constitutes an appropriate penalty for a criminal conviction. The courts have discretion with regard to sentencing in some instances, however. For example, if they deem a defendant a violent career criminal, they can impose sentencing enhancement. They can only do so in cases in which the defendant meets the criteria to qualify as a violent criminal, however. In a recent Florida ruling, a court discussed whether the crime of battery on a person over the age of 65 is a qualifying offense, ultimately ruling that it is not. If you are charged with battery or any other violent crime, it is smart to talk to a Tampa violent crime defense lawyer about your potential defenses.

History of the Case

It is reported that the defendant was charged with and convicted of aggravated battery with a deadly weapon, which was a felony. During sentencing, the judge determined that the defendant met the criteria to be sentenced as a violent career criminal due to his prior convictions for aggravated assault and battery of a person over the age of 65. Pertinent to the subject case, the sentencing judge found that the crime of battery of a person over the age of 65 constituted a qualifying offense because it was a felony battery. He then sentenced the defendant to fifteen years in prison. The defendant appealed

Violent Career Criminal Sentencing Enhancements

On appeal, the defendant argued that the trial court erred in deeming him a violent career criminal because the offense of battery on a person over the age of 65 was not a forcible felony for purposes of violent career criminal sentencing. The state did not disagree with the defendant’s argument. Instead, it acknowledged a prior ruling issued by the Florida Supreme Court in which battery crimes that did not necessarily involve violence or physical force could not be considered forceable felonies. Continue Reading ›

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Battery is a violent crime, and in some instances, the court will consider a person charged with felony battery to be a risk to society and will deny them bail. If a person that remains in jail throughout the pendency of their trial is ultimately convicted, they may be granted a credit towards their sentence on account of the time they already served. Not all time spent in jail counts towards a sentence, however, as demonstrated in a recent Florida ruling issued in a case in which the defendant appealed his sentence for a felony battery conviction. If you were charged with felony battery, it is smart to consult a skilled Florida violent crime defense lawyer to discuss your options.

Procedural History of the Case

Allegedly, the defendant was charged with and convicted of felony battery and misdemeanor assault. Following his conviction, he was sentenced to serve time in prison, and the trial court granted him credit for the time he spent in jail before he was sentenced. He moved to correct his sentence, and the court denied his motion. He filed three similar motions, which were also denied. He subsequently appealed his judgment and sentences.

Credit for Time Served

On appeal, the sole issue was whether the trial court erred in denying the defendant’s fourth motion to correct a sentencing error. The court explained that when the defendant was sentenced in 2018, he was granted credit for time served prior to his sentencing hearing. From the time he was sentenced until he was transported to prison; however, he spent an additional forty days in jail. Continue Reading ›

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If a defendant is convicted of a crime, the court will typically weigh a variety of factors in determining an appropriate sentence. While there are many things that a court is permitted to evaluate in making an assessment, if a court is influenced by inappropriate information in developing a sentence, it may lead to an unjust result. In a recent Florida ruling in a case in which the defendant was convicted of arson, a court discussed the evaluation of the reasonableness of a sentence under the prevailing law. If you are accused of arson or another crime of violence, it is advisable to speak to a seasoned Tampa violent crime defense lawyer about your options.

The Defendant’s Sentence

It is reported that the defendant was charged with arson after he took part in the burning of a car that was used in a drive-by shooting that resulted in the death of another person. He was initially charged with multiple crimes related to a racketeering conspiracy and was later charged with murder. He ultimately pleaded guilty to the arson charge, which carries a minimum sentence of five years and a maximum sentence of twenty years. He was sentenced to twelve years in prison, after which he appealed, arguing that his sentence was unreasonable and the court relied on inappropriate information in determining his sentence.

Evaluating the Reasonableness of a Sentence

A court assessing the substantive reasonableness of a sentence must weigh the totality of the circumstances, including whether there was any deviation from the sentencing guidelines. A court may deem a sentence substantively unreasonable if it was based on impermissible factors, if the sentencing court failed to weigh appropriate factors, or if it was selected arbitrarily. The appellate court in the subject case noted, however, that a matter will only be remanded for re-sentencing in cases in which the court is left with a firm and clear conviction that the sentencing court committed a definite error in judgment in evaluating the relevant factors, which resulted in a sentence that lies outside of the scope of reasonable sentences as dictated by the facts of the case. Continue Reading ›

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When the police conduct a criminal investigation, they will typically obtain a warrant to uncover information that is private or otherwise not readily accessible. If the police gather certain evidence without a warrant, however, it may violate the Fourth Amendment protections against unreasonable search and seizures, and the evidence may be deemed inadmissible. Not all information is protected against warrantless searches, though, as demonstrated in a recent Florida opinion issued in a homicide case, in which the court ruled that information from a third-party GPS system was not private. If you are charged with murder or a related offense, it is essential to retain an assertive Tampa criminal defense attorney who will fight to protect your rights.

The Alleged Crime and Investigation

Allegedly, the victim was found murdered in a park. He had been staying at a hotel prior to his death. The defendant resided at the hotel also, along with his girlfriend. The hotel had cameras, and when the police reviewed the surveillance footage, they observed the victim leaving the hotel with the defendant and the defendant returning alone a few hours later. The police learned that the defendant often used his girlfriend’s car, which was equipped with a GPS tracker.

Apparently, while the defendant generally had permission to use the car, the girlfriend did not know he took it on the night of the murder and reported it stolen. As such, she contacted her financing company, which had installed a GPS tracker, to track the car’s location. The police obtained GPS information from the company without a warrant. The information revealed that the defendant drove to the park where the victim was found on the night of the murder.

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