Sarasota Criminal Attorney Blog
Criminal defendants in Florida have the constitutional right to be apprised of the charges against them with sufficient specificity to prepare a defense. This right extends not only to the charged offense but also to any lesser-included offenses that may be presented to the jury; if such rights are violated, there may be grounds for vacating any subsequent conviction. A recent Florida ruling illustrates the consequences of failing to adhere to this bedrock principle of due process, as the court reversed a conviction for aggravated battery, finding that the charging document failed to allege all of the statutory elements necessary to support the jury’s verdict. If you are accused of battery or another violent crime, it is smart to meet with a Sarasota violent crime defense attorney to assess your options.
Factual and Procedural Background
It is alleged that the defendant engaged in a violent confrontation that culminated in an attempted stabbing of the victim. The State charged the defendant by amended information with attempted second-degree murder but did not specify that a deadly weapon was used. The charging document merely stated that the defendant attempted to kill the victim “by stabbing” without alleging the use of a knife or any object likely to produce death or great bodily harm.
It is alleged that during the charge conference, the State requested jury instructions not only on the charged offense of attempted second-degree murder but also on the lesser-included offenses of attempted manslaughter and aggravated battery with a deadly weapon under section 784.045(1)(a)(2), Florida Statutes. The trial court agreed and gave the requested instructions, though it did not include aggravated battery based on great bodily harm under subsection (1)(a)(1).
It is reported that the jury found the defendant guilty of aggravated battery with a deadly weapon, and the trial court imposed a sentence of 21 months in prison followed by six months of probation. The defendant appealed, challenging the legal sufficiency of the charging document and arguing that the State failed to allege all elements necessary to support the permissive lesser-included offense for which he was ultimately convicted.
Sufficiency of Charging Documents
On review, the court framed the central issue as whether a trial court may instruct the jury on a permissive lesser-included offense when the accusatory pleading does not allege all the elements of that offense. Florida law distinguishes between “category one” necessary lesser-included offenses, which are always encompassed in the greater offense, and “category two” permissive lesser-included offenses, which require that both the charging document and the trial evidence support the offense. The offense of aggravated battery with a deadly weapon is a category two offense with respect to attempted second-degree murder.
The court emphasized that due process mandates that a defendant cannot be convicted of a crime not charged by the State. The purpose of the information is to give the defendant fair notice of the accusations to prepare a defense. The court held that the amended information’s vague reference to a “stabbing” was insufficient to allege the use of a deadly weapon as required under section 784.045(1)(a)(2). Notably, the information did not mention any object used, did not cite the applicable statute, and failed to indicate that the object was employed in a manner likely to produce death or great bodily harm.
As such, the court concluded that the trial court erred in instructing the jury on aggravated battery with a deadly weapon and permitting a conviction on that basis. Because the statutory elements of the offense were not alleged in the information, the instruction was improper under the controlling authority of Watkins v. State and Von Deck v. State. The court, therefore, reversed the conviction and remanded with instructions to enter a judgment for simple battery, a lesser-included offense supported by the information and the evidence, and to resentence the defendant accordingly.
Consult a Skilled Sarasota Criminal Defense Attorney Today
When facing serious criminal charges, particularly those involving violent offenses, it is critical to ensure that all aspects of your constitutional rights are protected throughout the proceedings. The experienced Sarasota violent crime defense attorneys at Hanlon Law are committed to providing vigorous advocacy for our clients and ensuring that the State is held to its constitutional obligations. If you or someone you know is facing criminal charges, contact our Sarasota office at 941-462-1789 or fill out our online form to schedule a consultation today.