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The attorneys at Draper Law Office are skilled and experienced in dealing with criminal law cases. Our criminal law attorneys deal with cases varying from misdemeanors, felonies, and a variety of traffic crimes. A misdemeanor being classified as crimes punishable by a sentence of up to a year, a felony as a year or longer, while traffic crimes can be either misdemeanor or felony sentences. Within both misdemeanors and felonies there are also different degrees of sentencing - for example, second degree or first degree misdemeanors, as well as third degree, second degree, first degree and potential life felonies. Traffic crimes also often have their own special, unique sentences.
No matter which case your crime falls under, it is important to have proper representation. You will want an attorney that is familiar with crime investigation and the law, and who will listen to your case in order to understand what occurred.
A number of
the criminal laws in Florida have received a lot of attention nationally. This
is particularly true of our “Stand Your Ground” law. This law states the ways
in which a person can use deadly force to defend themselves if they fear for
their life. Florida has numerous criminal laws relating to capital offenses,
gun control, first degree murder, burglary, cocaine, domestic violence, prostitution,
and many others. We have provided brief descriptions of various types of
criminal laws, and their potential punishments.This list is far from an exhaustive list, and it provides only general
information of some of the most common types of criminal offenses.For an in-depth discussion of a specific
offense, contact one of our attorneys. The descriptions below pertain only to Florida
Capital Punishment Law
penalty is always very controversial and it tends to evoke emotional responses.
In the U.S., every state crafts its own capital punishment laws. The majority
of states, Florida included, permit capital punishment for very serious
offenses. Florida executes criminals with lethal injections, but the offender
is able to request electrocution.
Gun Control Law
a trend setter in passing the first “stand your ground” law in the United
States in 2005. The George Zimmerman case instantly catapulted Florida’s law to
center stage. This law was first in removing a duty for a person to retreat
prior to employing a forceful self-defense. Florida’s law permits people to avoid
retreating if they believe that standing their ground will prevent bodily harm
been several other states that followed Florida’s lead by affirming the right
of a person to act in self-defense, even outside their personal residence, and
with deadly force, if needed.
laws incorporate much more than just “stand your ground”. There is a three-day
waiting period, not including holidays and weekends, in order to buy a gun.
Degree Murder Law
the killing of another person, unlawfully. Under Florida law, this includes
manslaughter and murder in several degrees. The kind of homicide dictates the
requirements needed for a prosecutor to provide the case and the punishment
that is meted out if the defendant is convicted.
homicide is the most serious type of murder charge in Florida, and it includes:
that are concomitant with a drug related offense
assault and battery are frequently related crimes and lumped together, they are
actually two separate offenses. These crimes are separately defined in state
law. Assault, is considered a threat of using force and battery is unwanted
physical contact with another person, that usually results in bodily injury,
but may also be sexual in nature.
Assault is a
threat of violence that causes a victim to fear that harm is imminent. This
offense does not entail any physical contact between the offender and his or
her victim. To prove this offense the prosecutor must demonstrate that the
defendant’s threat was intentional, intentionally meant to evoke fear in the
victim, or intentionally perpetrate a violent act.
will often try to prove that there was no criminal intent and that the incident
was accidentally, or made in a joking manner. The prosecution must prove that a
defendant exhibited the threat via a gesture, words, or an act of intimidation.
Additionally, the defendant must have and the ability to actually execute the
threat, and the victim must have anticipated imminent harm.
has specific assault offenses such as simple, aggravated, and felony assault.
The severity of the charge and its punishment are dependent upon the type of
assault charge that is pursued by the state prosecutor.
physical contact occurs between and defendant and the victim, the defendant may
be prosecuted for battery.
In order to
prove bather, the prosecution must demonstrate that the defendant’s contact
with the victim was intentional or that the defendant struck the victim. The
physical contact between the two must have been done against the will of the victim
and without the consent of the victim.
considered a property crime in which the defendant is charged with entering or
occupying someone’s property with the intention of engaging in an unlawful act.
needs to show that the premises was entered by the defendant with the intention
of carrying out a crime. For instance, the defendant’s intention may have been
to steal some items.
the prosecutor needs to show that the defendant was not authorized to enter the
premises. Sometimes burglary can be established if the defendant had
authorization to enter, but the authorization had been revoked, or expired.
may be classified as first, second, or third degree. A first degree felony may
be established if a motor vehicle was used to damage a structure or if more
than $1,000 is damages resulted to premises during the time the burglary
assault or batter occurred and no deadly weapon was used, it is likely the
burglary may be prosecuted as a second degree burglary.
Florida’s proximity to the Caribbean, Central, and South
America have made it a prime entry point for illegal drugs. However, cocaine
has seemed to have a very big impact. Illegal funds related to cocaine sales were
enormous during the 1980s, due to numerous cocaine cartels.
State Cocaine Laws
Against this history, it’s not surprising that cocaine
possession is a serious crime in Florida. The possession of greater than 28
grams is a first degree felony and is considered trafficking. Nevertheless,
first time offenders with smaller drug quantities are often sent to diversion
programs rather than jail.
states have enacted statutes that are related to the prosecution and prevention
of domestic violence. Florida law has legal options via both civil and criminal
court systems. For instance, restraining orders can be obtained via family
violence is defined as a specified kind of violent act committed against a
household or family member. For example, a violent act can be committed against
an ex-spouse, spouse, relative or child that have a relation to the perpetrator
by marriage or blood. Florida also has domestic violence protection between
people who live together, or lived together in the past.
The kinds of
crimes that are considered under Florida domestic violence law include kidnapping,
aggravated assault, assault, sexual assault, sexual battery, aggravated
battery, aggravated stalking, stalking, and others.
The type of
charges that are levied depend upon the particulars of each event. For
instance, the threat of bodily harm may turn into an assault charge whereas as
striking another person may be charged as battery. If an aggravating factor can
be established an aggravated battery, or aggravated assault charge may be
pursued, which makes the crime a felony, with a punishment that is more severe.
Criminal Law FAQs