Articles Posted in Violent crimes

In Florida criminal cases, courts often grapple with the balance between ensuring justice and protecting a defendant’s rights, particularly concerning the admission of evidence. Recently, in a high-profile Florida case, the court addressed the admissibility of prior bad acts under the Williams Rule and its implications on a fair trial. If you are charged with a serious crime, it is essential to consult a Sarasota violent crime defense attorney to safeguard your rights.

History of the Case

It is alleged that the defendant was charged with attempted felony murder and attempted premeditated murder arising from a single criminal episode. The charges stemmed from a November 2013 incident in which the victim, while riding his bicycle late at night, was approached by an assailant demanding money. Reportedly, the assailant shot the victim multiple times before fleeing when alerted by a neighbor. The victim survived but required extensive hospitalization.

It is reported that the case remained unsolved for years until forensic analysis linked the firearm used in the shooting to two other crimes. Based on these findings, the State sought to introduce evidence of the collateral crimes to establish the defendant’s identity. The trial court allowed the evidence under the Williams Rule, which permits the use of prior crimes, wrongs, or acts to prove issues such as identity or intent. The jury subsequently convicted the defendant on both counts, and the defendant appealed, arguing that the evidence improperly became the focus of the trial and that his dual convictions violated double jeopardy principles.

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Since the dawn of social media, law enforcement agents will often seek evidence from criminal suspects’ social media accounts when investigating crimes. They generally cannot do so without a warrant, however, and if they do, any evidence obtained may be deemed inadmissible, as discussed in a recent Florida murder case. If you are accused of committing a violent crime, it is critical to understand your potential defenses, and you should contact a Sarasota violent crime defense attorney promptly to discuss your charges.

History of the Case

It is reported that the defendant was convicted of manslaughter and attempted manslaughter following the shooting death of a young girl who was killed by a stray bullet during an altercation. The altercation occurred between the defendant’s girlfriend and her aunt, during which the girlfriend made threats, stating she would have her “baby daddy” come and shoot them. Shortly afterward, the defendant arrived, and gunfire ensued. A stray bullet struck and killed the young girl as she sat in a car with her parents.

It is alleged that the defendant denied being involved in the shooting, testifying that he left the scene because he had children in his car and was not the person referenced by his girlfriend as the “baby daddy.” Both the defendant and his girlfriend were charged with first-degree murder, among other offenses. During the investigation, law enforcement obtained evidence from the defendant’s Facebook account without securing a warrant specific to the shooting. The trial court admitted this evidence under the good-faith exception to the exclusionary rule, leading to the defendant’s conviction. He was sentenced to 40 years in prison. The defendant subsequently appealed.

Battery and other crimes involving violent acts often carry substantial penalties, especially if the person charged has one or more prior convictions. As discussed in a recent Florida opinion, though, the courts generally cannot impose habitual offender penalties under multiple statutes to run concurrently. If you are charged with a violent offense, it is wise to confer with a Sarasota violent crime defense attorney about your case.

Factual and Procedural Background

It is alleged that the defendant was convicted of felony battery, a third-degree felony, and sentenced to ten years in prison by the trial court. The sentence was structured so that the defendant would serve five years as a prison releasee reoffender (PRR), followed by another five years as a habitual felony offender (HFO). The defendant challenged the legality of this sentence on two grounds. First, he argued that the trial court could not impose equal sentences under both the PRR and HFO statutes. Second, he contended that the two consecutive five-year sentences exceeded the statutory maximum for a third-degree felony, which is typically five years.

It is reported that the defendant submitted the written judgment and sentence to support his claim, but he did not include the sentencing transcript. The postconviction court denied both claims. It acknowledged that an equal HFO sentence running concurrently with a PRR sentence would be illegal but dismissed the first claim because the trial court had imposed the sentences consecutively. As for the second claim, the postconviction court ruled that the HFO statute allowed for an extended sentence of up to ten years for a third-degree felony. The defendant then appealed.

Under the Florida and United States Constitution, people cannot be convicted more than once for the same crime. As such, if a defendant is found guilty of committing numerous offenses that all stem from the same incident and require the same proof, it may violate their double jeopardy rights, as demonstrated in a recent Florida battery case. If you are charged with a violent offense, including battery, it is wise to meet with a Sarasota violent crime defense lawyer to assess your rights.

Factual and Procedural Setting

It is reported that the defendant, while incarcerated in a county jail, punched another inmate, fracturing his jaw. As a result, he faced two charges: detainee battery and felony battery. Following a trial, the jury found him guilty of detainee battery but acquitted him of felony battery based on causing great bodily harm, instead finding him guilty of the lesser offense of simple battery.

Allegedly, the State subsequently presented evidence of the defendant’s prior convictions, leading the jury to convict him of felony battery based on a previous conviction. The trial court sentenced him to the maximum of five years in prison for each count, to run consecutively. The defendant then appealed his convictions, arguing that the sentences for both convictions constituted double jeopardy.

In Florida, driving is a privilege, and drivers must comply with certain laws in order to maintain that privilege. If they fail to do so, they may not only lose their right to drive but may face criminal charges as well. As demonstrated in a recent Florida case, people convicted of crimes involving vehicles may be charged with battery and, if convicted, may be sentenced to decades in prison. If you are charged with a violent crime, it is smart to talk to a Sarasota violent crime defense attorney about your options.

Case Background

It is reported that the defendant was charged with multiple crimes involving his use of a vehicle, including aggravated battery with a deadly weapon, fleeing law enforcement, driving with a revoked license, leaving the scene of an accident, and tampering with a witness. He was found guilty on all counts and sentenced to thirty years in prison. He moved for postconviction relief, claiming ineffective assistance of counsel. The trial court denied his motion, and he appealed.

Grounds for Reversing Criminal Convictions

On appeal, the defendant raised claims of ineffective assistance of counsel and a double jeopardy violation. The court applied the Strickland standard for ineffective assistance of counsel, requiring a showing of deficient performance and resulting prejudice. In the first claim, the defendant argued that his counsel was ineffective for not objecting to an amended information filed after the speedy-trial period. The court found that the defendant had waived his speedy-trial rights by requesting a continuance before the amendment, rendering the objection meritless and his counsel’s performance reasonable.

It is not uncommon for the State to file multiple criminal charges against a person following a single incident. While this is permissible, a person cannot be tried or convicted more than once for the same crime, as doing so would violate double jeopardy. In many instances, double jeopardy also bars a person from being convicted for an offense and a lesser offense, even though they are two different crimes. This was illustrated in a recent Florida case in which the court vacated a defendant’s conviction for attempted home invasion robbery due to his conviction for burglary with assault. If you are accused of a violent offense, it is in your best interest to talk to a Sarasota violent crime defense attorney to evaluate your options for seeking a good outcome.

History of the Case

It is reported that the defendant was charged with multiple crimes following a home invasion that resulted in the death of two people and the shootings of four other individuals. The case proceeded to trial, and the defendant was found guilty of fourteen separate offenses, including burglary with assault and attempted home invasion robbery. Prior to sentencing, the defendant filed an appeal. Among other arguments he set forth, the defendant claimed that his convictions for burglary with assault and attempted home invasion robbery violated double jeopardy. The court agreed with the defendant’s assertions and vacated his conviction for the robbery offense.

Protections Against Double Jeopardy

The court explained that double jeopardy claims set forth pure questions of law; as such, they are reviewed de novo. Pursuant to Florida law, separate convictions for distinct offenses arising out of a single act are only permissible if each crime contains at least one element that the other does not.