Sarasota Criminal Attorney Blog
Juvenile defendants have constitutional rights that protect them from unfair prosecutions, including the right to due process and proper notice of the charges against them. When these rights are violated, it can lead to wrongful adjudications and unfair sentences. Fortunately, Florida provides recourse for juveniles who have been improperly convicted, as demonstrated in a recent Florida opinion in which they overturned a conviction due to procedural errors. If you or a loved one is facing delinquency charges, it is crucial to consult an experienced Sarasota juvenile crime defense attorney to protect your interests.
Facts and Procedure of the Case
It is alleged that the juvenile and another individual approached the victim in a public park, demanding the return of a bicycle they claimed belonged to them. Reportedly, both individuals were wearing ski masks and brandished knives as they advanced toward the victim. The victim allegedly responded with a defensive gesture, at which point the individuals fled the scene before being apprehended by law enforcement.
It is reported that the State charged the juvenile with attempted robbery with a firearm or deadly weapon. However, at trial, the court found that the State failed to prove the requisite intent for robbery, as evidence suggested that the juvenile believed he was reclaiming his own property. Allegedly, despite this failure, the trial court convicted the juvenile of aggravated assault, a lesser-included offense of the original charge.
It is reported that on appeal, the juvenile argued that the delinquency petition did not allege that he assaulted the victim with a deadly weapon, only that he carried a weapon. Consequently, he contended that his conviction for aggravated assault violated his due process rights, as he was convicted of a crime for which he was not formally charged.
Due Process Protections in Juvenile Cases
On appeal, the court examined whether the juvenile’s adjudication for aggravated assault violated his due process rights. Under Florida law, a defendant may not be convicted of a crime that is not expressly charged in the information or petition. The court applied precedent, holding that an offense’s elements must be explicitly set forth in the charging document to sustain a conviction.
It is reported that the court determined that the delinquency petition failed to allege a critical element of aggravated assault—specifically, the use of a deadly weapon to commit the assault. The petition merely stated that the juvenile “carried” a deadly weapon, not that he used it to assault the victim. The court emphasized that Florida law distinguishes between possession and use of a weapon in charging and convicting individuals of aggravated assault.
Further, the court relied on established case law confirming that a conviction for an uncharged offense constitutes fundamental error, as it deprives the accused of proper notice and an opportunity to prepare a defense. The court cited decisions affirming that the statutory elements of a lesser-included offense must be present in the original charging document for a conviction to stand.
Ultimately, the court reversed the juvenile’s adjudication for aggravated assault and remanded the case for further proceedings. The court instructed the lower tribunal to consider whether the evidence supported a finding of simple assault under Florida law, a charge that was more consistent with the allegations in the delinquency petition.
Meet with an Experienced Sarasota Criminal Defense Attorney Today
If you or a loved one faces juvenile delinquency charges, it is crucial to understand your legal rights and available defenses. Due process violations can significantly impact the outcome of a case, and a knowledgeable defense attorney can help ensure your rights are protected. The experienced Florida criminal defense attorneys at Hanlon Law are dedicated to defending individuals accused of crimes. You can reach our office at 941-462-1789 or fill out our online form to schedule a consultation today.