Tampa Criminal Lawyer Blog

Florida Court Weighs Value of Expert Evidence in Criminal Cases

Hanlon Law, PA — Sat, 27 Jun 2026 16:25:04 +0000

A criminal conviction does not always end the legal process. Florida law allows convicted defendants to seek postconviction relief when constitutional violations, including ineffective assistance of counsel, may have affected the fairness of a trial. A recent Florida decision demonstrates that courts must carefully evaluate claims alleging that trial counsel failed to investigate or present critical expert testimony. When a defendant raises a legally sufficient claim that is not conclusively disproven by the record, an evidentiary hearing may be required before relief can be denied. If you are charged with a crime, it is wise to consult an experienced Tampa criminal defense attorney about your rights.

History of the Case

Allegedly, the defendant was convicted of two counts of unlawful sexual battery involving a minor and received a 15-year prison sentence followed by two years of probation. After the defendant’s direct appeal was unsuccessful, the defendant sought postconviction relief under Florida Rule of Criminal Procedure 3.850, raising numerous claims that trial counsel had provided ineffective assistance.

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Florida Court Discusses Age Related Gun Crimes

Hanlon Law, PA — Tue, 23 Jun 2026 15:45:25 +0000

Constitutional challenges involving firearm offenses can reshape how criminal statutes are enforced and interpreted. A recent Florida ruling examined whether the state could prohibit otherwise law-abiding adults between the ages of 18 and 20 from carrying a concealed firearm solely because of their age. The court’s ruling addressed important questions regarding the scope of the Second Amendment and the constitutional limits on age-based firearm restrictions. If you have been charged with a firearm offense, it is smart to speak to a Tampa gun crime defense attorney to determine how to protect your interests.

History of the Case

Allegedly, law enforcement responded to a report that an individual had displayed a handgun toward a vehicle. Officers located the defendant, who matched the description provided by the caller, conducted a pat down, and discovered an unholstered handgun concealed on the defendant’s person. Because the defendant was 18 years old, the State charged the defendant with carrying a concealed firearm and improper exhibition of a firearm.

Reportedly, the defendant moved to dismiss the concealed firearm charge, arguing that Florida’s statutory scheme unconstitutionally prevented otherwise law-abiding adults between the ages of 18 and 20 from exercising their Second Amendment right to carry a firearm for self-defense. The prosecution argued that requiring individuals to satisfy licensing requirements and restricting concealed carry for certain persons served legitimate public safety interests. The trial court denied the motion, concluding that the licensing provisions were designed to ensure that only responsible citizens could lawfully carry concealed firearms. The defendant subsequently entered a no-contest plea while specifically reserving the right to appeal the denial of the dispositive motion to dismiss.

Second Amendment Rights Under Florida Law

The court reviewed the constitutional challenge de novo because the case presented a pure question of law involving the validity of a statute. Applying the analytical framework established by the United States Supreme Court, the court first considered whether the plain language of the Second Amendment protects the conduct at issue. The court concluded that adults between the ages of 18 and 20 are included among “the people” referenced in the Second Amendment and therefore possess the constitutional right to keep and bear arms for self-defense.

The court next examined whether Florida demonstrated that its age based restriction was consistent with the nation’s historical tradition of firearm regulation. Looking to decisions from the United States Supreme Court and several federal appellate courts, the court determined that historical evidence did not support categorically denying otherwise law-abiding adults between the ages of 18 and 20 the ability to lawfully carry firearms for self-defense. While historical regulations recognized restrictions involving convicted felons, mentally ill individuals, and persons who posed credible threats to others, the court found no comparable historical tradition treating all young adults as a prohibited class.

The court also rejected arguments that modern public safety concerns alone could justify the restriction. It explained that under current Second Amendment jurisprudence, the government must establish that the challenged regulation aligns with this nation’s historical tradition of firearm regulation rather than relying solely on policy considerations. Because the challenged statute barred adults aged 18 to 20 from qualifying for concealed carry solely on age grounds, the court concluded that the law imposed an unconstitutional burden on a protected constitutional right.

Accordingly, the court held that the challenged statutory provision was facially unconstitutional as applied to adults aged 18 to 20. It vacated the defendant’s conviction for carrying a concealed firearm and remanded the matter for further proceedings consistent with its opinion.

Meet with an Assertive Tampa Gun Crime Defense Attorney

If you are charged with a gun offense, it is important to meet with an attorney to discuss your potential defenses. The assertive Tampa gun crime defense attorneys at Hanlon Law are dedicated to helping people protect their interests in criminal proceedings, and if you hire us, we will advocate aggressively on your behalf. Contact Hanlon Law through our online form or call 813-228-7095 to set up a confidential meeting.

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Florida Court Weighs Challenge to Sentencing Enhancements

Hanlon Law, PA — Thu, 14 May 2026 18:25:12 +0000

Federal sentencing proceedings often involve disputes over guideline enhancements that can substantially increase a defendant’s prison exposure. In many cases, the outcome depends not only on the underlying facts but also on whether those facts are properly challenged at sentencing. A recent decision from a Florida federal court demonstrates how a defendant’s failure to object to factual findings in a presentence report can significantly limit appellate arguments and ultimately determine the outcome of a sentencing appeal. If you are facing federal criminal charges, including firearm-related offenses, it is essential to consult an experienced Tampa criminal defense attorney to ensure that your rights are protected at every stage of the proceedings.

Factual and Procedural Background

Allegedly, the defendant pleaded guilty in federal court to possessing a firearm after having previously been convicted of a felony. Following the guilty plea, the United States Probation Office prepared a presentence investigation report to assist the court in determining an appropriate sentence.

Reportedly, the presentence report concluded that the firearm involved in the offense was capable of accepting a large-capacity magazine. Based on that finding, the report recommended application of a sentencing enhancement under the federal sentencing guidelines. At the sentencing hearing, the court asked whether either party objected to the findings contained in the report. No objections were raised by the defense.

It is reported that the district court adopted the findings contained in the presentence report and applied the enhancement when calculating the defendant’s advisory guideline range. After considering the relevant sentencing factors, the court imposed a sentence of 168 months of imprisonment. The defendant subsequently appealed, arguing that the enhancement should not have been applied because the government failed to prove that the firearm was capable of accepting a large-capacity magazine.

Sentencing Enhancements and Presentence Reports

On appeal, the court examined the defendant’s challenge under the plain-error standard because no objection had been raised in the district court. Under that standard, an appellate court will reverse only when there is a clear error that affects substantial rights and undermines the fairness or integrity of the proceedings.

The court explained that the government ordinarily bears the burden of establishing the factual basis for a sentencing enhancement. However, that burden changes when a defendant fails to object to factual statements contained in a presentence report. Federal courts have consistently held that unchallenged factual findings in a presentence report are deemed admitted and may be relied upon by the sentencing court.

Applying those principles, the court concluded that the district court committed no error. The presentence report expressly stated that the firearm involved in the offense was capable of accepting a large-capacity magazine, and the defendant did not object to that finding at sentencing. As a result, the district court was entitled to treat the factual assertion as admitted and use it as the basis for applying the enhancement.

The defendant also argued that an exception contained in the sentencing guidelines should have applied because of the firearm’s configuration. The appellate court rejected that argument as well, noting that the record contained no evidence supporting the applicability of the exception. Because the defendant failed to object to the report and failed to present evidence establishing the exception, the court determined that the sentencing enhancement was properly applied.

The court ultimately held that the unobjected-to presentence report provided a sufficient factual basis for the enhancement. Finding no error in the district court’s sentencing analysis, the appellate court affirmed the defendant’s sentence.

Consult with a Dedicated Tampa Criminal Defense Attorney

If you are charged with a weapons crime, it is critical to understand your options and the rules surrounding your case, and you should talk to an attorney. The dedicated Tampa gun crime defense attorneys at Hanlon Law can help you understand your rights and assist you in seeking a favorable outcome. Whether your case involves federal charges, sentencing issues, or appellate concerns, our attorneys are prepared to provide strategic guidance and vigorous representation. You can reach us through our form online or at 813-228-7095 to set up a confidential meeting.

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Florida Court Dicusses the Right to Remain Silent in Criminal Matters

Hanlon Law, PA — Wed, 06 May 2026 18:08:44 +0000

A defendant’s constitutional right to remain silent is one of the most fundamental protections in the criminal justice system. Courts carefully scrutinize comments that may suggest a defendant should testify or explain his or her actions, as such remarks can improperly influence jurors and undermine the fairness of a trial. A recent Florida decision highlights the challenges that arise when prosecutors discuss a defendant’s decision not to testify and illustrates how these issues can become the basis for postconviction proceedings. If you are facing sex crime allegations, it is important to consult an experienced Tampa sex crime defense attorney who can safeguard your constitutional rights throughout the process.

History of the Case

Allegedly, the defendant was convicted by a jury of sexual battery and battery following a criminal trial in circuit court. After his convictions and sentences were affirmed on direct appeal, the defendant sought postconviction relief, arguing that his trial attorney provided ineffective assistance in several respects.

Reportedly, one of the defendant’s claims focused on statements made by the prosecutor during jury selection. According to the defendant, the prosecutor repeatedly discussed reasons why a defendant might choose not to testify and engaged prospective jurors in a conversation regarding the exercise of the constitutional right to remain silent. The defendant maintained that trial counsel should have objected to these comments because they improperly highlighted his decision not to testify.

It is reported that the postconviction court initially denied the claim without conducting an evidentiary hearing. The defendant appealed, and the court directed the lower court to either provide additional records demonstrating that the claim lacked merit or conduct further proceedings. On remand, the postconviction court again denied relief, concluding that the defendant could not establish prejudice because the jury was instructed not to hold a defendant’s silence against him and because prospective jurors indicated they would follow the law. The defendant again appealed.

The Right to Remain Silent

On appeal, the court examined whether the records attached to the postconviction court’s order conclusively refuted the defendant’s claim that he was prejudiced by counsel’s failure to object. The court emphasized that ineffective-assistance claims are evaluated under the two-part standard established in Strickland v. Washington, which requires a defendant to demonstrate both deficient performance and resulting prejudice.

The court observed that Florida courts have long treated comments concerning a defendant’s silence as particularly sensitive. Although prosecutors may address a defendant’s constitutional rights during jury selection under certain circumstances, repeated discussions regarding why a defendant might choose not to testify can create substantial risks of prejudice. The court noted that prior Florida decisions have characterized such comments as “high risk errors” because they may influence jurors’ perceptions of a defendant’s silence.

The postconviction court relied heavily on the fact that one prospective juror who expressed concerns about not hearing from the defendant was removed from the panel and that other jurors stated they would not hold the defendant’s silence against him. The court also pointed to jury instructions advising jurors that they could not consider the defendant’s decision not to testify as evidence of guilt.

The court concluded, however, that the existing record still did not provide enough context to determine whether the defendant suffered prejudice. The attached materials did not describe the evidence presented at trial, reveal whether the trial court gave preliminary instructions concerning the right to remain silent before jury selection, or show the extent of defense counsel’s own discussion of the issue during voir dire. Without that information, the appellate court could not properly evaluate whether counsel’s alleged failure to object affected the outcome of the proceedings.

As a result, the court reversed the summary denial of the claim and remanded the matter for additional proceedings, including either an evidentiary hearing or the attachment of additional records sufficient to resolve the issue.

Protect Your Rights with an Experienced Tampa Sex Crime Defense Attorney

Whether you are facing sex crime allegations or another serious criminal charge, having knowledgeable legal counsel can make a critical difference in protecting your interests and preserving potential defenses. The experienced Tampa sex crime defense attorneys at Hanlon Law understand the complexities of criminal litigation, postconviction proceedings, and appellate issues, and we are committed to providing strategic and aggressive representation. To learn more about how we can help, contact Hanlon Law through our online form or call 813-228-7095 to arrange a confidential consultation.

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Florida Court Discusses Withdrawal of a Plea for Good Cause

Hanlon Law, PA — Mon, 06 Apr 2026 18:36:58 +0000

Plea agreements play a central role in the criminal justice system, as they can often resolve serious charges without trial. However, disputes sometimes arise when a defendant seeks to undo a plea after appellate proceedings alter part of the case, such as a sentence. A recent Florida decision addressed a sex crime case, which addressed whether a defendant may withdraw a plea for good cause after a sentence is vacated on appeal, but before resentencing. If you are charged with a sex offense, it is smart to consult a knowledgeable Tampa criminal defense attorney to evaluate your legal options.

History of the Case

Allegedly, the defendant picked up a victim and, instead of taking her home, drove her to a secluded location where he used threats and force to compel multiple sexual acts. The defendant then transported the victim to another location, continued the assault, and recorded portions of the incident before the victim ultimately escaped and alerted law enforcement.

Reportedly, the State charged the defendant with multiple serious offenses, including several counts of armed sexual battery, kidnapping, and aggravated battery. The defendant entered a no-contest plea to all charges. At sentencing, the defendant sought a downward departure, but the trial court imposed multiple life sentences along with an additional term of imprisonment.

It is alleged that the defendant appealed his sentence, and the appellate court identified certain sentencing errors. The case was remanded for resentencing with instructions to correct specific aspects of the sentencing structure and reconsider the defendant’s request for a reduced sentence.

It is reported that on remand, before resentencing occurred, the defendant moved to withdraw his plea, arguing that he had good cause under the applicable rule of criminal procedure. The trial court denied the motion and proceeded to resentence the defendant. The defendant again appealed, and the appellate court affirmed while recognizing a conflict among Florida courts on whether plea withdrawal is permitted under these circumstances. The Supreme Court of Florida accepted review to resolve the issue.

Withdrawal of a Plea for Good Cause

The Supreme Court of Florida analyzed whether the rule permitting plea withdrawal for good cause before sentencing applies during post-appeal resentencing proceedings. The court began by outlining the framework governing plea withdrawals at different stages of a criminal case. Before sentencing, a defendant may withdraw a plea for good cause. After sentencing, however, the standard becomes significantly more stringent, reflecting the legal system’s interest in finality.

The court emphasized that once a conviction becomes final, the ability to challenge it narrows considerably. Although a vacated sentence results in a new sentencing proceeding, the court clarified that this does not disturb the underlying conviction. Resentencing is treated as a fresh proceeding only with respect to the penalty, not the validity of the plea or conviction itself.

In evaluating the defendant’s argument, the court rejected the interpretation that the phrase “before a sentence” includes any sentencing proceeding, including resentencing after appeal. Instead, the court concluded that the rule applies only to the original sentencing phase. Allowing plea withdrawal at the resentencing stage would undermine the structured progression of procedural rules and permit defendants to revisit convictions long after they became final.

The court also highlighted broader policy considerations, including the importance of finality in criminal cases. Permitting plea withdrawal years after conviction could create significant practical difficulties, such as faded memories, unavailable witnesses, and lost evidence. The court found that such an interpretation would disrupt the administration of justice and conflict with established legal principles.

Ultimately, the court held that a defendant may not withdraw a plea for good cause after a sentence has been vacated on appeal when the conviction itself remains intact. The court approved the appellate decision below and resolved the conflict among lower courts, reinforcing that post-appeal resentencing does not reopen the door to plea withdrawal under the more lenient standard.

Consult with a Dedicated Tampa Criminal Defense Attorney

If you are charged with a sex crime, it is critical to understand your options and the rules surrounding your case, and you should talk to an attorney. The dedicated Tampa sex crime defense attorneys at Hanlon Law can help you understand your rights and assist you in seeking a favorable outcome. You can reach us through our form online or at 813-228-7095 to set up a confidential meeting.

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Florida Court Discusses the Right to Privacy in Criminal Matters

Hanlon Law, PA — Mon, 06 Apr 2026 17:56:16 +0000

Access to confidential medical records often sits at the intersection of privacy rights and the State’s need to investigate serious criminal allegations. Courts must carefully balance these competing interests, particularly when the records may bear directly on issues such as intoxication or culpability. In a recent Florida ruling issued in a DUI case, the court addressed whether a trial court properly allowed the State to subpoena a criminal defendant’s medical records despite objections grounded in privacy and competency concerns. If you are charged with a DUI, it is important to know your rights, and you should speak with a knowledgeable Tampa criminal defense attorney as soon as possible.

Facts and Procedural History

Allegedly, the defendant was involved in a serious motor vehicle collision that resulted in significant injuries to one individual and the death of another. Law enforcement suspected that the defendant operated the vehicle while under the influence of alcohol and directed emergency personnel to perform a blood draw at the scene. Medical staff later conducted an additional blood draw at a hospital after transporting the defendant for treatment.

Reportedly, the State charged the defendant with multiple serious offenses, including first-degree murder and DUI manslaughter, and sought the death penalty. Shortly after the indictment, the State issued subpoenas to obtain the defendant’s medical records, including the results of the blood draws. The defendant objected, asserting a privacy interest in the records and challenging their relevance to the prosecution.

It is alleged that the defendant sustained a traumatic brain injury in the crash and claimed to have no memory of the incident. Defense counsel raised concerns about competency, asserting that the defendant could not meaningfully assist in the defense. The trial court conducted a hearing on the objection to the subpoenas and ultimately overruled the defendant’s arguments, permitting the State to obtain the records.

It is reported that the defendant sought certiorari review of the trial court’s order, arguing that the subpoena should not have issued while competency remained unresolved and that the State failed to demonstrate a sufficient connection between the requested records and the issues in the case.

The Right to Privacy in Criminal Matters

The court began its analysis by outlining the limited and extraordinary nature of certiorari relief. To prevail, the defendant needed to establish a departure from the essential requirements of law that caused irreparable harm not correctable on appeal. The court first determined that the disclosure of medical records implicated a recognized privacy interest, satisfying the jurisdictional threshold for review.

The court then addressed the competency argument. It emphasized that procedural safeguards govern determinations of incompetency and that a defendant is not deemed incompetent absent a formal adjudication. Because no such adjudication had occurred, the trial court retained authority to proceed. The court also concluded that the subpoena hearing did not constitute a material stage of the proceedings requiring the defendant’s participation. Instead, the hearing involved a discovery dispute that defense counsel could address without the defendant’s involvement.

Turning to the relevance of the medical records, the court reaffirmed that the State must demonstrate a nexus between the requested records and a material issue in the case. While acknowledging the strong constitutional protection afforded to medical privacy, the court explained that this protection yields when the State establishes a compelling interest supported by a reasonable evidentiary basis.

Here, the State relied on charging documents and investigative reports indicating that the defendant’s intoxication played a central role in the alleged offenses. The court found that these materials provided a sufficient factual foundation to justify the subpoenas.

The court rejected the argument that the State engaged in a fishing expedition. It noted that courts may rely on affidavits and investigative summaries to assess relevance at the subpoena stage. Because the State articulated a clear theory connecting the medical records to proof of intoxication, the trial court did not depart from the essential requirements of law. Accordingly, the court denied the petition for certiorari and allowed the subpoenas to stand.

Speak with an Experienced Tampa Criminal Defense Attorney

If you are charged with a DUI, it is critical to understand what evidence could be used against you, and you should speak with an attorney who can help you understand your case and potential defenses. The experienced Tampa DUI defense attorneys at Hanlon Law can provide strategic guidance tailored to your situation. Call 813-228-7095 or contact the firm online to schedule a confidential consultation.

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Florida Appellate Court Clarifies Juvenile Probation Jurisdiction and Extensions

Hanlon Law, PA — Sat, 28 Mar 2026 23:25:59 +0000

Juvenile delinquency proceedings often present unique jurisdictional questions, particularly when courts modify or extend probation following violations. Determining whether a trial court retains authority to act can significantly affect a young defendant’s rights and the validity of subsequent rulings. A recent Florida court ruling addresses whether a court retains jurisdiction to revoke probation after an original probationary term appears to have expired, offering important guidance on how statutory provisions governing juvenile jurisdiction operate in practice. If your child is facing juvenile charges, you should consult a knowledgeable Tampa criminal defense attorney to assess how these legal principles may apply to your circumstances.

Facts and Procedural History

Allegedly, the defendant, a minor, faced charges in multiple juvenile cases, including possession of cannabis and domestic battery, and entered no contest pleas in both matters. The trial court withheld adjudication and imposed consecutive probationary terms, with the second term to begin after the first.

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Florida Appellate Court Examines Limits of Prosecutorial Authority

Hanlon Law, PA — Mon, 23 Mar 2026 23:25:56 +0000

Criminal prosecutions often raise complex questions about the scope of prosecutorial discretion and the constitutional protections afforded to defendants. One recurring issue involves how courts address double jeopardy concerns when multiple convictions arise from closely related conduct. A recent Florida decision highlights the limits of the State’s authority to dismiss charges after a jury has already rendered its verdict, underscoring the importance of procedural precision in criminal cases. This ruling serves as a critical reminder that even well-intentioned efforts to correct legal errors must comply with established constitutional and procedural rules. If you are charged with a crime, you should consult an experienced Tampa criminal defense attorney to protect your rights.

Case Setting

Allegedly, the defendant was charged with multiple offenses arising from conduct involving a minor, including traveling to meet a minor and attempted lewd or lascivious battery. The charges proceeded to trial, where a jury evaluated the evidence presented by both parties.

Reportedly, the jury returned guilty verdicts on several counts, including a charge involving the use of a computer to solicit or entice a minor to engage in unlawful activity. Following the verdict, the parties and the trial court recognized that one of the convictions raised a double jeopardy concern because it overlapped with other offenses.

It is alleged that, in response to this issue, the State sought to remedy the problem by entering a nolle prosequi as to the problematic count after the jury had already delivered its verdict. Neither the defense nor the trial court objected to this course of action at that time.

It is reported that the trial court proceeded with sentencing on the remaining counts, and the defendant later appealed the judgment and sentences. On appeal, the reviewing court affirmed the outcome without a published opinion, though a concurring opinion addressed the procedural irregularity surrounding the State’s dismissal of the count.

Prosecutorial Authority After Jury Verdict

On appellate review, the court examined the procedural posture of the case and the legal implications of the State’s decision to nolle prosse a charge after the jury had returned a guilty verdict. While the court ultimately affirmed the defendant’s convictions and sentences, the concurring opinion provided a detailed analysis of the issue.

The court began by explaining the nature of a nolle prosequi, which is a formal declaration by the prosecution that it will no longer pursue a particular charge. Although prosecutors generally possess broad discretion in deciding whether to pursue or dismiss charges, that discretion is not unlimited. Established precedent makes clear that a nolle prosequi must occur before jeopardy attaches, which typically happens when the jury is sworn.

The court emphasized that once jeopardy has attached and a jury has rendered a verdict, the State no longer has the authority to unilaterally dismiss a charge through a nolle prosequi. Any such attempt is considered a nullity, meaning it has no legal effect. In this case, the State’s post-verdict dismissal did not actually resolve the double jeopardy issue because it occurred too late in the proceedings.

The court further noted that, despite this procedural misstep, the appellate court could not provide relief because the defendant did not object at trial and did not raise the issue on appeal. Appellate courts generally limit their review to issues properly preserved and presented by the parties. As a result, the improper dismissal remained uncorrected, even though the court acknowledged its legal deficiency.

Speak with a Skilled Tampa Criminal Defense Attorney About Protecting Your Rights

If you are facing criminal charges or believe an error affected your case, it is essential to speak to an attorney about how you can protect your interests. The experienced Tampa criminal defense attorneys at Hanlon Law can assess your case and help you seek the best outcome possible. We represent clients throughout Tampa. Contact the firm online or call 813-228-7095 to schedule a confidential consultation.

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Florida Court Discusses Grounds for Reducing Sentences in Drug Crime Cases

Hanlon Law, PA — Sat, 28 Feb 2026 21:10:35 +0000

Sentence-reduction motions under federal law often require courts to balance evolving sentencing reforms with the finality of criminal judgments. Defendants frequently invoke statutory changes and constitutional developments in an effort to obtain relief, but courts apply strict standards when determining whether a reduced sentence is warranted. A recent Florida ruling issued in a drug crime case demonstrates how difficult it can be to meet the “extraordinary and compelling reasons” requirement, particularly when the underlying sentencing framework remains unchanged. If you are charged with a drug crime, you should speak with a knowledgeable Tampa criminal defense attorney to understand your available options.

Facts and Procedural History

Allegedly, the defendant had a lengthy criminal history that included multiple state convictions for drug offenses and violent crimes spanning several years. These prior convictions ultimately played a significant role in the defendant’s later federal sentencing.

Reportedly, a federal grand jury indicted the defendant on charges including conspiracy to distribute cocaine, possession of a firearm in furtherance of a drug trafficking offense, and possession of a firearm as a convicted felon. The defendant entered a guilty plea to these charges.

It is alleged that the probation officer calculated an advisory sentencing guideline range that increased significantly after applying enhancements under the Armed Career Criminal Act and the career offender provisions. The district court ultimately imposed a sentence at the low end of the enhanced guideline range, followed by a term of supervised release.

It is reported that the defendant later filed a motion for post-conviction relief under federal law, which the district court denied. Several years later, the defendant filed a motion seeking a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), arguing that legal developments and alleged procedural errors justified a reduction.

Reportedly, the district court denied the motion, finding that it lacked jurisdiction to revisit certain claims and that the defendant failed to demonstrate extraordinary and compelling reasons for relief. The defendant appealed the denial to the United States Court of Appeals for the Eleventh Circuit.

Grounds for Reducing Sentences in Drug Crime Cases

On appeal, the court reviewed the district court’s denial of the sentence reduction motion for abuse of discretion. Under this standard, reversal is appropriate only if the lower court applied an incorrect legal rule, relied on clearly erroneous facts, or made a clear error in judgment.

The court began by emphasizing that federal courts lack inherent authority to modify a sentence and may do so only when authorized by statute. Under 18 U.S.C. § 3582(c)(1)(A), a defendant must demonstrate that extraordinary and compelling reasons justify a reduction, that the statutory sentencing factors support relief, and that any reduction aligns with applicable policy statements.

The court focused its analysis on whether the defendant established an extraordinary and compelling reason based on an “unusually long sentence.” To qualify under this theory, a defendant must show that he has served at least 10 years, identify a relevant change in the law, and demonstrate that the change creates a gross disparity between the original sentence and the sentence that would likely be imposed today.

The court acknowledged that the defendant satisfied the time-served requirement but concluded that he failed to identify any qualifying change in the law. The defendant’s reliance on amendments in the First Step Act was misplaced because those amendments did not alter the definitions or criteria governing Armed Career Criminal Act enhancements or career offender designations. The court explained that the statutory provisions and guideline definitions applied at sentencing remain materially unchanged.

The court also rejected the argument that the defendant would not qualify as an armed career criminal if sentenced today. The governing statute continues to apply to defendants with qualifying prior convictions, and the record showed that the defendant’s prior offenses satisfied those criteria.

Additionally, the court found no merit in the claim that changes in how drug possession offenses are treated affected the defendant’s sentence. The defendant’s prior convictions involved trafficking and distribution-related conduct, which remain qualifying offenses under current law.

Finally, the court addressed the defendant’s reliance on recent constitutional decisions involving the Second Amendment. Applying plain error review, the court concluded that those decisions did not alter the legal framework applicable to the defendant’s sentencing enhancements and did not provide a basis for relief.

Because the defendant failed to establish an extraordinary and compelling reason for a sentence reduction, the court affirmed the district court’s decision without addressing additional sentencing factors.

Consult with an Experienced Tampa Federal Criminal Defense Attorney

If you are charged with a drug crime, it is essential to understand how courts interpret statutory changes and sentencing enhancements. The experienced Tampa drug crime defense attorneys at Hanlon Law have extensive experience defending in state and federal court, and if you hire us, we can evaluate whether recent legal developments may impact your case. Hanlon Law represents clients throughout Tampa. Contact the firm online or call 813-228-7095 to schedule a confidential consultation.

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Florida Court Explains Standards Governing Inconsistent Verdict Claims

Hanlon Law, PA — Tue, 24 Feb 2026 21:04:07 +0000

Motions challenging allegedly inconsistent jury verdicts arise frequently in Florida criminal cases, particularly when a jury makes detailed factual findings that appear to conflict with a conviction. Courts must then determine whether the verdict reflects a permissible inconsistency or a legally impermissible contradiction that undermines an essential element of the offense. A recent Florida decision issued in a battery case highlights how narrowly courts define “true inconsistency” and reinforces the principle that not all conflicting findings justify reversal. If you are charged with battery or another violent offense, you should speak with a knowledgeable Tampa violent crime defense attorney to evaluate your options.

History of the Case

Allegedly, the defendant was charged in a Florida circuit court with attempted aggravated battery arising from an incident involving a firearm. The prosecution asserted that the defendant took overt steps toward committing a violent battery using a deadly weapon but failed to complete the act.

Reportedly, during the trial, the State presented evidence that the defendant possessed a firearm and attempted to use it in a manner capable of causing serious bodily harm. The jury heard testimony suggesting that the weapon malfunctioned, preventing it from firing as intended.

It is alleged that after deliberation, the jury returned a verdict finding the defendant guilty of attempted aggravated battery. At the same time, the jury made a specific factual finding that the defendant possessed a firearm during the offense but did not discharge it.

It is reported that the defendant filed a renewed motion for judgment of acquittal and a motion for a new trial. In his motions, he asserted that the jury’s findings were legally inconsistent. The defendant contended that a conviction for attempted aggravated battery with a firearm could not stand where the jury explicitly found that the firearm was not discharged. The trial court denied both motions.

Reportedly, the defendant appealed the conviction to the Florida District Court of Appeal, asserting that the trial court erred in rejecting the inconsistency argument and allowing the verdict to stand.

Standards Governing Inconsistent Verdict Claims

On appeal, the court reviewed the denial of the motion for judgment of acquittal and the motion for a new trial under established standards governing inconsistent verdict claims. The court began by reaffirming that Florida law generally permits inconsistent jury verdicts. This rule reflects the reality that juries may exercise leniency, compromise, or mistake without necessarily invalidating a conviction.

The court then explained the narrow exception for “true inconsistent verdicts.” Such verdicts arise only when an acquittal on one count contradicts a necessary element required for conviction on another count. In other words, the inconsistency must be legally irreconcilable, not merely factually confusing.

Applying this framework, the court examined the elements of attempted aggravated battery. To sustain a conviction, the State must prove that the defendant intended to commit aggravated battery, took an overt act toward its commission beyond mere preparation, and failed to complete the offense. The offense may be established if the defendant intended to cause great bodily harm or attempted to use a deadly weapon.

The court emphasized that discharge of a firearm is not a required element of attempted aggravated battery. The critical inquiry is whether the defendant attempted to use a deadly weapon to inflict harm. Evidence that a firearm was pointed or manipulated in an effort to cause injury may satisfy this element, even if the weapon does not fire.

In evaluating the jury’s findings, the court determined that there was no legal inconsistency. The jury’s conclusion that the defendant did not discharge the firearm did not negate any element of the offense. The conviction rested on the attempted use of the weapon, not its successful discharge. The evidence indicating that the firearm malfunctioned supported the conclusion that the defendant took substantial steps toward committing the offense but failed to complete it.

Because the defendant raised no additional challenges to the sufficiency or weight of the evidence, the court affirmed the conviction in full.

Meet with a Trusted Tampa Criminal Defense Attorney

If you are charged with battery or another violent offense, it is critical to understand how Florida courts interpret the law, and you should talk to an attorney. The trusted Tampa violent crime defense attorneys at Hanlon Law are well-versed in trial defense and can assess whether the evidence and jury findings in your case support a viable challenge. Contact the firm online or call 813-228-7095 to schedule a confidential consultation.

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