Facts and Procedural History

Allegedly, the defendants were involved in a plot to kill a rival drug dealer in exchange for cash and controlled substances. The government contended that one defendant arranged the killing and paid the others money and cocaine to carry it out, also supplying a firearm to be used in the attack.

Reportedly, the shooting occurred on a public roadway when the defendants pulled alongside the victim’s vehicle and opened fire, killing two occupants and injuring a third. The government asserted that the roadway formed part of a federally designated highway system and that the defendants used a private automobile to carry out the killing.

It is alleged that a federal grand jury returned a superseding indictment charging multiple offenses, including murder-for-hire, conspiracy to distribute controlled substances, and firearms offenses resulting in death. The indictment alleged that the defendants used or caused the use of a facility of interstate commerce to commit murder in exchange for something of value.

It is reported that the defendants proceeded to a lengthy jury trial in federal district court. After the government rested, the defendants moved for judgments of acquittal, arguing that the evidence was insufficient to establish the interstate commerce element of the murder-for-hire statute and that the drug conspiracy charges were unsupported. The district court denied the motions, and the jury returned guilty verdicts on all counts. The court imposed life sentences and additional terms of imprisonment.

Reportedly, the defendants appealed their convictions, challenging the scope of the murder-for-hire statute, the constitutionality of applying it to intrastate conduct, the jury instructions, and the sufficiency of the evidence supporting the drug and firearms convictions.

Evidence in Florida Murder Cases

On appeal, the court reviewed the defendants’ statutory and constitutional arguments de novo while viewing the evidence in the light most favorable to the jury’s verdict. The court first addressed whether the intrastate use of a private automobile satisfied the murder-for-hire statute’s requirement that a facility of interstate commerce be used.

Relying on recent circuit precedent, the court held that automobiles qualify as instrumentalities and facilities of interstate commerce, even when used entirely within a single state. The court emphasized that Congress amended the statute to cover facilities of interstate commerce, not merely facilities used in interstate travel. As a result, the defendants’ use of a car to carry out the killing satisfied the statute’s jurisdictional element.

The court also rejected the defendants’ argument that the statute exceeded Congress’s authority under the Commerce Clause. Applying plain-error review, the court concluded that binding precedent foreclosed any claim that regulating intrastate use of an automobile for murder-for-hire was unconstitutional.

Next, the court addressed the defendants’ challenge to the jury instructions, which argued that the government was required to prove the defendants knowingly used an interstate facility. The court rejected that contention, explaining that prior precedent holds that the statute does not impose a scienter requirement for the commerce element.

Turning to the drug conspiracy charges, the court concluded that sufficient evidence supported the jury’s findings. Testimony established that the defendants received multiple ounces of cocaine as partial payment for the killing, an amount consistent with distribution rather than personal use. The court held that the jury could reasonably infer an agreement to possess and distribute controlled substances.

After reviewing all claims, the court affirmed the convictions and sentences in their entirety.

Speak with a Skilled Tampa Criminal Defense Attorney

If you are charged with a violent crime, it is smart to speak to an attorney to better understand your rights and possible defenses. The skilled Tampa criminal defense attorneys at Hanlon Law understand how federal courts interpret firearm enhancements and conspiracy allegations, and if you hire us, we can evaluate the evidence against you and explain your options. Contact our Tampa office online or call 813-228-7095 to schedule a confidential consultation.

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Facts and Procedural History

Allegedly, the government charged the defendant in a superseding indictment with multiple firearm-related offenses, including discharging a firearm in furtherance of a crime of violence, conspiring to use and carry a firearm during a crime of violence, and causing the death of a person during a crime of violence. Each of those charges depended on whether an underlying cyberstalking offense qualified as a crime of violence under federal law.

Reportedly, the predicate offense alleged by the government involved cyberstalking resulting in death, charged under federal statutes that prohibit using electronic communications or interstate facilities to place another person in reasonable fear of death or serious bodily injury. The indictment alleged that the victim ultimately died as a result of the charged course of conduct.

It is alleged that the defendant moved to dismiss the firearm-related counts, arguing that the federal cyberstalking statute does not categorically require the use, attempted use, or threatened use of physical force. According to the motion, the statute could be violated through conduct that induces fear without any actual or threatened violence.

It is reported that the government opposed the motion, contending that cyberstalking resulting in death necessarily involves physical force and therefore qualifies as a crime of violence sufficient to support the firearms counts.

Crimes of Violence in Firearms Cases

The court began its analysis by determining the proper framework for evaluating whether the predicate offense constituted a crime of violence. Because the cyberstalking statute contains multiple subsections with distinct elements, the court applied the modified categorical approach rather than the traditional categorical approach. That method allows courts to examine a limited set of charging documents to identify the specific statutory provision at issue.

Applying that approach, the court focused on the subsection criminalizing cyberstalking resulting in death. The court examined whether the elements of that offense require the use, attempted use, or threatened use of physical force against another person, as required by federal firearms statutes.

The court rejected the defendant’s argument that the statute imposes strict liability without any force component. Instead, the court emphasized the statutory language providing enhanced penalties when the death of the victim results. According to the court, the term victim carries a well-established legal meaning that implies direct and proximate harm caused by the defendant’s conduct.

Relying on principles of statutory interpretation, the court concluded that a death resulting from cyberstalking necessarily involves the intentional or knowing use of force. The court reasoned that a person cannot proximately cause the death of another, in the ordinary sense of the word victim, without engaging in conduct involving physical force capable of causing injury or death.

The court also rejected hypothetical scenarios in which death might follow emotional distress or indirect consequences of stalking. It explained that federal criminal statutes incorporate proximate cause limitations and do not extend liability to speculative or unforeseeable outcomes. Only deaths that directly and foreseeably result from the stalking conduct fall within the statute’s scope.

Based on this reasoning, the court held that cyberstalking resulting in death qualifies as a crime of violence. Because the predicate offense satisfied the statutory definition, the court denied the motion to dismiss the firearm-related counts, allowing the prosecution to proceed on those charges.

Consult a Trusted Tampa Firearm Crime Defense Attorney

Federal gun crime prosecutions often hinge on complex statutory interpretations that can determine whether a defendant faces decades of additional incarceration. If you are charged with a firearms offense, it is smart to consult an attorney about how you can safeguard your rights. The experienced Tampa criminal defense attorneys at Hanlon Law understand how federal courts analyze criminal charges, and if we represent you, we will advocate aggressively on your behalf. You can reach us through our online form or call 813-228-7095 to schedule a confidential consultation.

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History of the Case

It is reported that the defendant was convicted by a jury of being a violent career criminal in possession of a firearm. The incident arose in 2019 after the defendant allegedly brandished a firearm during an argument and discharged multiple rounds into the air.

Allegedly, the State sought to establish the defendant’s status as a violent career criminal by presenting evidence of three prior convictions: aggravated battery in 2012, burglary in 2005, and escape in 1995. The defendant did not dispute that the aggravated battery and burglary convictions qualified as predicate offenses under the statute. However, the defense challenged the use of the 1995 conviction, arguing it arose under the juvenile code and did not meet the statutory definition of “escape” for violent career criminal purposes.

It is reported that on appeal to the Second District Court of Appeal, the panel agreed with the defendant that the juvenile escape conviction did not qualify as a predicate offense. Nonetheless, the appellate court affirmed the conviction because the defense had failed to properly preserve the argument at trial. Relying on Florida precedent, the court concluded that the error was not “fundamental” since the evidence supported at least the lesser offense of felon in possession of a firearm.

Allegedly, the defendant sought review in the Florida Supreme Court, urging the justices to reconsider prior precedent on issue preservation and fundamental error. The defendant argued that insufficient evidence on an element of an offense should always be reviewable on appeal, even if not raised below.

Violent Career Criminal Convictions

It is reported that the Supreme Court began its review by examining the statutory framework. Section 790.235(1), Florida Statutes, makes it a first-degree felony for a violent career criminal to possess a firearm. To qualify, a defendant must meet the criteria in section 775.084(1)(d), including at least three qualifying prior convictions.

The central issue was whether the defendant’s 1995 conviction for juvenile escape could be treated as “escape” under section 944.40. The Court concluded that it could. The justices noted that section 39.061, the statute governing juvenile escape at the time, expressly provided that an escape from a juvenile detention facility “constitutes escape within the intent and meaning of section 944.40.” Historical legislative amendments confirmed that the juvenile statute was intended to complement the adult escape provision and ensure that escapes from juvenile facilities were treated as escapes under Florida law.

The court emphasized that the legislature has long allowed both adult convictions and juvenile adjudications to serve as predicate offenses for violent career criminal status. By interpreting the statutes together, the court determined that the defendant’s juvenile escape conviction properly qualified as a predicate offense. Thus, the State had in fact presented sufficient evidence of all three predicate convictions required by the statute.

Because the court found no error in the underlying conviction, it declined to revisit the preservation and fundamental error doctrines that had been argued. The court affirmed the defendant’s conviction and life sentence for being a violent career criminal in possession of a firearm.

Talk to a Tampa Criminal Defense Attorney About Violent Career Criminal Charges

Florida’s sentencing enhancements for violent career criminals carry some of the harshest penalties in the state, including potential life imprisonment. Whether a prior conviction qualifies as a predicate offense can be a complex question of statutory interpretation, and these issues often make or break a case. If you are facing firearm charges or an enhanced sentence based on your prior record, the skilled Tampa violent crime defense attorneys at Hanlon Law can review your case, challenge the State’s evidence, and fight for the best possible outcome. Contact our Tampa office today at 813-228-7095 or complete our online form to schedule a confidential consultation.

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History of the Case

It is alleged that the defendant engaged in a violent campaign of crimes against gay men in Miami while on probation. Reportedly, the defendant used a dating app to lure victims under false pretenses. On multiple occasions, the defendant brandished a firearm, forced victims into vehicles, and drove them to banks or stores to withdraw money or buy gift cards. Allegedly, the crimes escalated to physical assault, with one victim being beaten and another shot multiple times. The defendant reportedly made hateful, homophobic statements to his victims and expressed an intent to punish them for their sexual orientation.

It is reported that a federal grand jury indicted the defendant on 17 counts, including carjacking, kidnapping, brandishing, and discharging a firearm in furtherance of a crime of violence and bank robbery. The defendant pleaded guilty to all charges without a plea agreement.

Allegedly, the presentence investigation report determined that the guideline imprisonment range was a life based on the severity of the crimes and the defendant’s criminal history. The report also noted that under federal law, the maximum term of supervised release for the offenses charged was five years since concurrent terms are required by statute. Nonetheless, during the sentencing hearing, the district court proposed what it viewed as a sentencing compromise: reduce the prison term from life to 45 years, provided that the defendant agreed to a 15-year term of supervised release, triple the maximum permitted by law.

It is reported that the defendant’s counsel stated they would agree to this increased term. Despite the government’s objection and warning that a 15-year term would exceed the statutory cap, the court imposed 45 years in prison followed by 15 years of supervised release. The court noted that it had accepted the illegal term as a basis for reducing the length of incarceration. The government appealed.

Grounds for Vacating Sentences

On appeal, the court reviewed the legality of the sentence de novo. The core question was whether a defendant may validly waive a statutory maximum penalty, specifically, the five-year cap on supervised release set forth in 18 U.S.C. § 3583(b) for Class A and B felonies.

The court held that the defendant’s stipulation to a 15-year term was legally ineffective because statutory maximums are not waivable. Unlike rights that belong to the defendant personally, such as the right to counsel or the right against self-incrimination, statutory maximums are jurisdictional boundaries established by Congress. The court emphasized that “[s]tatutory maximums are not ‘rights.’ They are limits imposed by Congress on the punishment a court may impose.”

The court reiterated that an illegal sentence is one that exceeds the statutory authority of the sentencing court. The panel further noted that no legal precedent supports the notion that a defendant may waive such a statutory limit, particularly when doing so expands the court’s jurisdiction or sentencing power.

The court rejected the defendant’s reliance on the invited-error doctrine, which ordinarily prevents a party from challenging an error that it induced at trial on appeal. Because the government, not the defendant—was appealing the sentence, the doctrine did not apply.

The court concluded that the 15-year supervised release term was illegal and vacated the entire sentence. The court explained that sentencing is an interdependent “package” and that altering one component, such as supervised release, requires the court to revisit the entire sentence. Because the original sentence was expressly conditioned on the excessive supervised release term, the appellate court remanded the case for a full resentencing, allowing the district court to reconsider all aspects of the sentence within the legal framework established by Congress.

Consult an Experienced Tampa Violent Crime Defense Attorney Today

Courts are bound by statutory limits and even seemingly agreed-upon terms can be overturned on appeal if they exceed congressional authority. If you are facing federal charges, including those involving violent offenses, it is critical to work with defense counsel who understands both trial strategy and the intricacies of federal sentencing law. At Hanlon Law, our Tampa violent crime defense attorneys are committed to delivering rigorous advocacy and safeguarding your rights. Call our office at 813-435-6200 or fill out our online form to schedule a consultation.

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Facts of the Case and Procedural History

It is alleged that the defendant pleaded guilty to multiple federal offenses, including conspiracy to commit carjacking, carjacking, brandishing a firearm in furtherance of a crime of violence, conspiracy to commit access device fraud, and aggravated identity theft. Reportedly, the defendant was sentenced to a total of 120 months of imprisonment. The sentencing court considered the defendant’s youth and background but determined that the statutory mandatory minimums applied significantly influencing the overall sentence.

It is reported that the defendant later sought a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), arguing that his age at the time of the offense warranted a downward departure under the newly proposed Amendment 829. Allegedly, the defendant contended that this amendment should be applied retroactively, asserting that his youth at the time of the offense should be grounds for a reduced sentence.

Grounds for a Sentence Reduction

On appeal, the court examined whether the defendant had met the legal requirements for a sentence reduction. Under federal law, a court may grant a reduction if the defendant demonstrates extraordinary and compelling reasons, has exhausted administrative remedies, and if the reduction is consistent with applicable sentencing policy.

The court first determined that the defendant had not exhausted administrative remedies, as he had failed to request relief through the Bureau of Prisons before filing his motion. The court emphasized that exhaustion is a mandatory prerequisite under § 3582(c)(1)(A), and failure to comply with this requirement was grounds for denying relief.

Further, the court evaluated whether Amendment 829 applied retroactively. It is reported that the court found that the amendment had not been made retroactive and, therefore, could not be used as a basis for resentencing. The court noted that non-retroactive amendments generally do not constitute extraordinary and compelling reasons for relief unless a specific policy statement authorizes their application. Since no such authorization existed, the court ruled that the amendment did not justify a sentence reduction.

Additionally, the court considered the statutory sentencing factors under 18 U.S.C. § 3553(a), including the nature and severity of the offense, the need for deterrence, and the protection of the public. The court reportedly found that the defendant had engaged in violent criminal conduct and had not served a significant portion of his sentence. The court also referenced institutional disciplinary issues, indicating that early release would not align with the principles of just punishment and public safety.

Ultimately, the court affirmed the lower court’s decision, denying the defendant’s request for a sentence reduction based on failure to exhaust remedies, the non-retroactivity of the proposed amendment, and the seriousness of the original offenses.

Meet with a Trusted Tampa Criminal Defense Attorney Today

If you are seeking post-conviction relief, it is crucial to understand the legal requirements and potential obstacles involved in obtaining a sentence reduction, and you should meet with an attorney. The trusted Tampa violent crime defense attorneys at Hanlon Law are committed to protecting the rights of criminal defendants, and if you hire us, we will advocate tirelessly on your behalf. You can contact us to schedule a meeting via our online form or by calling us at 813-435-6200.

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In criminal cases involving severe charges, the discretion of trial courts in sentencing and the imposition of probationary conditions often come under scrutiny. A recent Florida opinion examines these issues in the context of a second-degree murder conviction, shedding light on the boundaries of judicial authority. If you are facing criminal charges, it is crucial to consult with an experienced Tampa criminal defense attorney to ensure that your rights are upheld throughout the legal process.

Case Setting

It is alleged that the defendant was charged with first-degree murder but later pled no contest to second-degree murder with a firearm as part of a plea agreement. The charges stemmed from the defendant’s role in orchestrating the murder of the victim, who was the father of her child. Allegedly, the defendant hired another individual to carry out the murder, which occurred outside the victim’s residence while their child was asleep inside the home.

Reportedly, the plea agreement mandated a minimum sentence of 25 years but allowed the trial court discretion to impose up to a life sentence. At the sentencing hearing, the trial court considered evidence of the defendant’s role in planning the murder, as well as testimony presented by both the defense and prosecution. Ultimately, the court imposed a sentence of 53 years’ imprisonment followed by probation for life. As part of the probationary conditions, the trial court reportedly included several special conditions, such as prohibiting contact with the victim’s family, requiring completion of parenting classes, and mandating participation in GED or vocational training.

The post Court Discusses Individualized Sentences in Florida Cases appeared first on Tampa Criminal Lawyer Blog.

History of the Case

It is alleged that the State charged the defendant with aggravated battery on February 10, 2021. The charge stemmed from a December 26, 2020, incident where the appellant’s girlfriend informed law enforcement that, during an argument, the defendant physically assaulted her. She claimed he threw her to the ground, placed his knee on her neck, covered her nose and mouth, and punched her, resulting in a lost tooth. The girlfriend later recanted her allegations, claiming her injuries were due to a car accident. Despite a no-contact order, the defendant contacted the victim over 4,400 times while awaiting trial, allegedly instructing her on how to recant her statements.

Reportedly, five days before the trial, the State amended the information to include a new charge of witness tampering based on these phone calls. The defendant requested a continuance to investigate the new charge, but the trial court denied the request. The defendant was subsequently convicted on both counts and sentenced to concurrent thirty-year sentences, with a fifteen-year mandatory minimum on the aggravated battery charge.

Grounds for Granting a Continuance in a Criminal Case

On appeal, the court evaluated the trial court’s denial of the continuance request, considering whether the appellant had enough time to prepare for the new witness tampering charge. The court emphasized that the new charge, introduced just five days before trial, involved extensive evidence, including over 4,400 phone calls.

Given the complexity of the new charge and the lack of adequate time to prepare a defense, the court found that the appellant was prejudiced by the denial of a continuance. The court ruled that the trial court abused its discretion by denying the continuance request, vacating the conviction and sentence for witness tampering, and remanding for a new trial on that charge. The conviction for aggravated battery was affirmed without further comment. The case was remanded for resentencing based on a corrected scoresheet.

Speak to an Experienced Tampa Criminal Defense Lawyer

If you are charged with battery or any other violent offense, it is smart to speak to an attorney to gain a better understanding of your rights. The experienced Tampa violent crime defense lawyers at Hanlon Law understand what it takes to achieve favorable outcomes in criminal cases, and if you engage our services, we will fight tirelessly on your behalf. You can contact Hanlon Law using our online form or by calling 813-228-7095 to arrange a conference.

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History of the Case

It is reported that the defendant was charged with attempted Hobbs Act robbery and using a firearm in relation to a crime of violence following an incident where, after accepting a ride from a driver, he attempted to rob the driver at gunpoint. A struggle ensued, and the defendant shot at the driver’s car as the driver fled, but no one was injured. The defendant pleaded guilty to the robbery charge, while the firearm charge was dismissed. The Presentence Report (PSR) calculated the defendant’s total offense level as 24 and assigned four criminal history points based on prior convictions, placing him in Criminal History Category (CHC) III, which resulted in a sentencing guidelines range of 63 to 78 months.

Allegedly, the government sought an upward variance due to the defendant’s escalating criminal behavior, while the defense requested a sentence within the guideline range. The district court sentenced the defendant to 120 months imprisonment, significantly above the guideline range, and three years of supervised release. The defendant appealed, challenging the calculation of his criminal history category.

Upward Variances in Florida Criminal Sentences

On appeal, the court first reviewed whether the district court committed a plain error in calculating the defendant’s criminal history. It found that the district court erred in assigning four criminal history points because the defendant’s prior convictions, where adjudication was withheld, should have only resulted in two points. This error placed him in CHC III instead of CHC II, which would have lowered the guidelines range to 57 to 71 months.

However, the court concluded that this error did not affect the defendant’s substantial rights because the district court had imposed a sentence significantly higher than any possible guidelines range. The court emphasized that the sentencing judge found the defendant’s criminal history underrepresented and noted the seriousness of the offense.

The court also reviewed the sentence’s procedural and substantive reasonableness, determining that, although the guidelines range was miscalculated, the district court acted within its discretion by imposing a sentence far below the statutory maximum of 20 years. Given the defendant’s criminal history and the facts of the case, the appellate court held that the 120-month sentence was reasonable and affirmed the district court’s decision.

Meet with a Trusted Tampa Criminal Defense Lawyer

If you are charged with robbery or another violent crime, it is critical to understand your options, and you should meet with an attorney as soon as possible. The trusted Tampa violent crime defense lawyers at Hanlon Law can evaluate your charges and help you determine the best manner to proceed in pursuit of your desired outcome. You can reach Hanlon Law using our online form or by calling 813-228-7095 to arrange a conference.

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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.

Witness Testimony in Criminal Trials

On appeal, the defendant argued that the witness provided an improper lay-witness opinion, arguing that it was the jury’s prerogative to decide the issue. The salient point was whether the witness’s testimony, suggesting the defendant lacked a legitimate reason to shoot, had an undue influence on the jury’s perception, given the conflicting accounts of eyewitnesses. The defendant emphasized that errors in evidentiary matters are subject to review for an abuse of discretion and cited precedents to underscore that lay witnesses generally cannot offer opinions except under specific circumstances.

In support of his argument, the defendant referred to a Florida case that similarly dealt with a witness providing an opinion on a defendant’s claim of self-defense. The court, in that case, ruled against allowing such testimony, deeming it prejudicial and potentially influential in a confusing situation.

However, the prosecution in the subject case contended that even if the witness’s testimony was inadmissible, they had “opened the door” to it during cross-examination.

They drew parallels to a prior case where the principle of “opening the door” permitted testimony on the defendant’s guilt. Despite the reliability concerns raised, the prosecution maintained that the admission of the witness’s statements, which delved into the defendant’s perception and fears, was not a critical part of the State’s case and did not contribute to the guilty verdict. The court ultimately agreed and affirmed the trial court ruling.

Meet with a Capable Tampa Criminal Defense Attorney

People found guilty of violent crimes may spend years in prison, but the prosecution faces a high burden of proof in criminal matters, and if it is unable to meet that burden, the defendant should not be found guilty. If you are accused of murder or another violent offense, it is advisable to meet with an attorney as soon as possible. The capable Tampa violent crime defense lawyers of Hanlon possess the knowledge and experience needed to assist you in seeking the best legal result available.  You can reach Hanlon Law by using the form online or by calling us at 813-228-7095 to set up a conference.

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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.

Restitution in Attempted Aggravated Battery Cases

On appeal, the crux of the defendant’s argument lay in the premise that his conviction for attempted aggravated battery, rather than aggravated battery, demonstrated that the jury did not find that he had actually rammed the deputies’ vehicles. Therefore, he contended that the restitution order could not be based on conduct for which he was acquitted.

The court analyzed the difference between the two offenses—aggravated battery and attempted aggravated battery, noting that attempted aggravated battery could involve striking a vehicle without injuring or connecting with the person inside it. As such, the court found that the jury’s decision to convict the defendant of the lesser included offense did not necessarily mean they found he did not damage the deputies’ vehicles. Accordingly, the court found that the restitution order could be supported by the conviction for attempted aggravated battery.

The defendant also argued that restitution was improper because the sheriff’s office was not a “direct victim” under Florida’s restitution statute. The statute defined “victim” to include governmental entities when they are direct victims of the defendant’s offense. The defendant pointed out that he was acquitted of the principal offense related to the battery on officers.

Upon examining the amended statute, the court concluded that the sheriff’s office qualified as a direct victim. The office’s vehicles were directly damaged by the defendant’s conduct, and the statute encompassed such circumstances. Moreover, damage to law enforcement vehicles was deemed restitution-worthy by courts in other jurisdictions as it was not a typical cost of providing law enforcement services. Thus, the court upheld the restitution order.

Talk to an Assertive Tampa Criminal Defense Attorney

People found guilty of battery on law enforcement officers might have to pay fines and restitution in addition to serving time in prison. If you are accused of a battery offense, it is wise to talk to an attorney about your possible defenses. The assertive Tampa criminal defense lawyers of Hanlon Law can advise you of your rights and set forth compelling arguments in your favor. You can reach Hanlon Law by using the form online or by calling us at 813-228-7095 to set up a conference.

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