There are numerous defenses and arguments a criminal defendant may be able to set forth to avoid a conviction or a severe sentence. As explained in a recent Florida case in which the defendant was convicted of numerous violent crimes, including first-degree murder, most defenses cannot be argued retroactively, however. If you are charged with murder, attempted murder, or any other violent crime, it is critical to retain an assertive St. Petersburg violent crime defense attorney to discuss what defenses you may be able to assert to protect your rights.
The Defendant’s Conviction and Appeal
It is alleged that the defendant was charged with and convicted of first-degree murder of his ex-girlfriend, attempted first-degree murder with a firearm, and burglary. He was sentenced to death for the first-degree murder conviction, and the sentence eventually became final. The defendant then filed a post-conviction motion asking the court for relief on several grounds. The court denied the defendant’s motion and affirmed his sentence. The defendant then appealed.
First, the defendant argued on appeal that he was entitled to relief under Atkins v. Virginia, a United States Supreme Court case and cases that were subsequently decided in the Florida courts, on the grounds that he suffered from an intellectual disability. The court rejected this assertion, stating that the law was clear that relief for an intellectual disability could not be granted retroactively. Thus, the court affirmed the lower court ruling dismissing the petition for relief due to intellectual disability as time-barred.