Under Florida law, people accused of committing crimes have the right to know the elements of the charged offense and the evidence the prosecution intends to introduce against them. As such, if the prosecution fails to provide them with such information and they are subsequently convicted, they may have grounds…
In Florida, the State will often charge a person with a crime via an information. The information must set forth details regarding the alleged offense, including the date when it was committed. If the information contains inaccurate details, the State may be granted leave to amend it, as discussed in…
Pursuant to federal law, the act of garnishing a firearm to commit a crime of violence is an indictable offense. In order to convict a person of such a crime, the prosecution must establish, among other things, that the underlying crime in question constitutes a violent offense. Recently, a Florida…
While a person charged with a crime does not have to offer evidence in their defense at trial, it would be prudent to introduce any information that may exonerate them. Generally, all evidence must be exchanged prior to trial, and if a party fails to introduce evidence, they waive the…
Pursuant to federal law, people convicted of certain offenses may be deemed career offenders and may face enhanced penalties if they are subsequently convicted of other offenses. One example of an offense that permits a career offender enhancement is a crime of violence. It is not always clear what falls…
Under Florida law, people can avoid criminal prosecution for assault if they can establish that they used force in self-defense. The defense is not available to people who act as the initial aggressor, however. Further, all affirmative defenses must be asserted in a timely manner, otherwise, they may be rejected.…
It is not uncommon for people to be charged with multiple crimes. While the judge or jury determining guilt in a criminal matter has the right to find a defendant committed one crime but not the other, the verdicts must be consistent. In other words, if one verdict negates the…
Most Florida citizens have the right to own firearms, but for convicted felons, carrying a gun can lead to felony charges. Further, if their prior offenses were violent crimes, they may face lengthy prison sentences if they are convicted. In a recent Florida case, the court analyzed whether resisting an…
In Florida, many battery crimes include an element of intent. As such, the state must prove that a person possessed a certain state of mind in order to establish their guilt for a specific crime. Recently, a Florida court discussed what evidence the state must produce to demonstrate intent with…
The law is constantly changing, and modifications to the definitions of crimes and sentencing requirements can impact the manner in which criminal cases are resolved. Even if an intervening change of law occurs, though, it may not be considered grounds for modifying a sentence once it has been imposed. This…