The COVID-19 pandemic has altered many aspects of criminal cases. For example, many criminal trials were delayed or conducted remotely, and some prisoners were able to obtain compassionate release due to the risk of contracting the coronavirus. As discussed in a recent Florida opinion issued in a theft case, though,…
Federal law deems certain offenses as crimes of violence. If a defendant is convicted of using a firearm during a crime of violence, they may face significantly greater penalties than they would otherwise receive. If the elements of an offense do not expressly require the use of force or bodily…
Multiple acts of battery may be deemed a single criminal offense, or each act may be charged separately. However, regardless of how battery crimes are charged, the State must prove each element of the offense to get a conviction, which necessitates properly advising the jury on how to examine the…
Intent is an element of several criminal offenses. In other words, in order to achieve a conviction, the prosecution must show that the defendant possessed a certain mental state at the time the alleged acts were committed. It may be difficult for the prosecution to prove intent in cases involving…
The state and federal constitutions prohibit Double Jeopardy, which essentially means that a person cannot be tried or convicted for the same offense more than once. As such, if a defendant is convicted for numerous offenses that require proof of the same elements, it may violate Double Jeopardy. In a…
Kidnapping is one of the most serious crimes a person can be accused of committing, and a conviction for kidnapping often results in a lengthy jail sentence. Not all confinements during the commission of a criminal offense constitute grounds for a kidnapping conviction, though. Rather, as explained in a recent…
When people suffer personal tragedies, their friends and families will often set up fundraisers to help them deal with the financial ramifications of their losses. What starts as a kind-hearted gesture may lead to criminal charges, though, if the funds collected are not properly disbursed. While numerous charges could potentially…
Drug crimes can result in serious penalties, and typically lengthier sentences are imposed for offenses involving certain classes of drugs. In recent years, though, flaws in the federal sentencing schemes were noted, and numerous laws were passed to address sentencing discrepancies, and people sentenced under prior laws may be eligible…
In Florida, it is illegal for people to possess controlled substances other than those prescribed by a doctor. Additionally, it is unlawful to sell or distribute such drugs, and people caught with a certain quantity of illicit substances may be charged with drug trafficking. Drug trafficking is a serious crime…
Sex crimes are serious offenses that often carry weighty penalties. Additionally, many convictions not only result in fines and prison time but may also require a person to register as a sex offender. Being on the sex offender registry can greatly impair many aspects of a person’s life, and it…