Jacksonville Criminal Defense Attorney Blog

Condolences to Family of Slain Clay County Detective

Fri, 17 Feb 2012 10:33:58 -0500

As Managing Partner of Wood, Atter & Wolf, P.A., I, Michael Atter, want to personally extend my condolences to the family of Detective David White, and to share some thoughts on the vital role played by law enforcement in our society, as well as express an appreciation for the dangers they face every day in their efforts to protect us. In addition, I worked with Clay County Sheriff, Rick Beseler, over 30 years ago in the State Attorney's Office in Jacksonville, and have always held him in the highest regard, personally and professionally. There are none any finer, and I know that his grief is immeasurable and inconsolable. All of the attorneys and staff of Wood, Atter & Wolf, P.A. were saddened to learn of the tragic death of Clay County Detective David White. Our prayers, thoughts and best wishes are extended to Detective White's family, including his Wife and two children, his friends, and coworkers. We also extend our best wishes and prayers to his colleague, Detective Matthew Hanlin, who was injured in the line of duty and is, thankfully, recovering after surgery. It is fortunate that such tragic losses are rare occurrences in the line of duty in Northeast Florida. However, whenever an officer of the law is slain, the entire community is diminished, and we must renew our resolve, not only to live law-abiding lives, but to do everything that we can to honor our law enforcement officers and cooperate with their lawful demands and efforts to protect us all.
Detectives White and Hanlin, along with other law enforcement officers from the Clay County Sheriff's Office, were investigating a suspected meth lab on Alligator Boulevard, near Middleburg, at around 6:45 p.m. yesterday when tragedy struck. This is a stark reminder to us all that every police officer puts his life on the line every day he or she goes to work. Just as most of us get into a daily routine, bid our "good days" to our families and go to our jobs in a secure work place, law enforcement officers do likewise, with one major and obvious exception: no matter the safeguards taken or the professionalism displayed, there is no truly guaranteed security in their day-to-day jobs. Their's is an inherently dangerous profession, which is a reality they and their loved ones live with every day.
This tragedy is also a reminder that even the most routine and seemingly-innocuous activity of a law enforcement officer can be fraught with danger. This especially includes traffic stops: the officer never knows who or what awaits them in the vehicle they approach; never knows where the vehicle has been or where it is going; and never knows the intent of the occupants or what the occupant's reactions to even simple law enforcement requests will be. Remember this and respect this the next time you are irked at being stopped just for going a few miles over the speed limit, or just "gong with the flow of traffic." Show respect and give the officer a break, not an attitude.
Similarly, responding to a "domestic dispute" call is among the most dangerous of law enforcement activities. Again, the officer is going into an already volatile situation. Often, alcohol or drugs are involved. Are there guns in the house? Is an occupant armed with a weapon? And, once there, most people don't appreciate how often even the so-called "victim" (the one who called the police in the first place) wind up turning on the police once it's apparent that the reported perpetrator is going to be arrested.
As criminal defense attorneys, we are usually on the other side from law enforcement. However, it is never personal, and we always respect the job they have to do and the professionalism with which they do it. Our adversarial system of criminal justice is based upon the dynamic that all of the interested parties (law enforcement; prosecutor; defense attorney; judge; and jury) have a job to do, and that, when each does their job with zealous integrity, most of the time truth and justice will prevail. To that end, we respect and applaud all of the fine law enforcement officers in Northeast Florida, as exemplified by Clay County Detectives David White and Matthew Hanlin.
Detective David White obviously led a life of public service: he was a Veteran of the United States Army as well as a member of the Clay County Sheriff's Office. At Wood, Atter & Wolf, P.A., we honor your service, mourn your loss, and pray for your family and loved ones.

Conspiracy & The Merger Doctrine

Wed, 14 Dec 2011 12:06:14 -0500

Multiple Charges & The Merger Doctrine. Generally, whether or not certain acts constitute a “crime” depends upon the criminal code in the jurisdiction. For example, there are both federal and state or local laws that codify what is and is not a crime; the seriousness of the prohibited acts (felony or misdemeanor); and the punishment that may attach to each crime (fines and/or incarceration in a jail or prison). Not surprisingly, there are differences between what the federal government says is a crime and what the state or local governments identify as crimes. Each governmental entity can charge a person with a violation of its criminal statutes or municipal ordinances and prosecute them. In Northeast Florida, at Wood, Atter & Wolf, P.A., we are primarily concerned with criminal actions in the Florida state courts: Circuit Courts handle felony charges (such as murder; sexual battery; burglary; grand theft; dealing in stolen in property; and dealing in drugs, to name a few) and County Courts handle misdemeanor and municipal ordinance violations (such as DUI; trespass; petit theft; and prostitution, as several examples).
What happens, however, if there are multiple, but related charges in state court, with at least one of them a felony and one of them a misdemeanor? At common law (laws developed by judges through decisions of courts rather than through legislative statutes), if a person engaged in conduct constituting both a felony and a misdemeanor, that person could be convicted only of the felony. The misdemeanor merged into the felony – this is known as the Merger Doctrine.
Under modern criminal law, the Merger Doctrine no longer applies in most cases. On the other hand, in certain scenarios, remnants of the Merger Doctrine survive. For example, if one is charged soliciting the commission of a crime and with the actual completion of the crime itself, then you cannot be convicted of both. This would also be true with “attempt charges.” By way of example, if one were charged with Attempted Grand Theft, if the person charged took affirmative acts to commit the theft, but did not complete the theft, then a valid charge of “Attempted Grand Theft” would apply. But, if the actions taken included the actual grand theft, then this person could not be convicted of both the “attempt” and the “completion” of the crime. Why? The Merger Doctrine.
What about “Conspiracy” to commit a crime? For purposes of the Merger Doctrine, is it treated the same way as “solicitation” and “attempt? No, it is not The Merger Doctrine does not apply to conspiracy. Therefore, a person can be convicted of both robbery and conspiracy to commit robbery. Florida conspiracy is found under Section 777.04 - Attempts, solicitation, and conspiracy.
If confronted with charges of both “Conspiracy to Commit” a particular crime and also the underlying crime itself, you will not find a safety net from the Merger Doctrine. That is not to say, however, that there are no defenses to the “conspiracy” charge, even if the evidence establishes that you conspired with one or more persons to commit an offense. Pursuant to Section 777.04, it is a defense to a charge of criminal conspiracy, that the person charged completely and voluntarily renounced the criminal purpose, persuaded the other person or persons not to commit the offense or otherwise prevented the commission of the previously-agreed-to crime. The reasons for this are many, but the most obvious is that it is good public policy to encourage the renunciation of an agreement to commit a crime (or to outright prevent its commission altogether).
If you have been criminally charged, it is wise to seek the representation of a Criminal Law Attorney. Contact Wood, Atter & Wolf, P.A., to speak with a Florida Criminal Lawyer.

Florida Criminal Law: Is the Crime of Robbery a Felony or a Misdemeanor?

Tue, 13 Dec 2011 07:46:04 -0500

Crimes in Florida are defined by Florida Statutes. The statutes provide definitions of the crimes, such as robbery, and the elements of the crime that must be proven by the State in order to find the charged individual guilty of the crime. Each element of a crime must be proven by the State, or supported by evidence to support the crime charged and to support the State’s effort to get a guilty verdict from a jury. The more evidence showing that the charged individual committed the crime, the more likely the accused will want a plea agreement. The evidence may show that the robbery is committed is a first-degree felony and the accused may want to plea to a lesser offense to avoid the penalties associated with a first-degree felony. Knowing whether the crime charged is a felony or misdemeanor, and what level or degree, may be vital to the accused making decisions regarding his or her defense.

The crime of robbery has many different elements than can be proven to change the offense that may be charged, such as a first-degree felony or less. Florida Statute 812.13 defines the crime of robbery, but then divides the possible charges based on different elements committed with the crime such as follows:

1. If the accused carried a firearm (e.g. gun) or other deadly weapon (e.g. knife) when the robbery was committed, then the robbery is a felony in the first degree.
2. If the accused carried a weapon (e.g. a bat) during the robbery, then the robbery is a felony in the first degree. So, carrying a bat or the gun carries the same punishment under the Florida laws.
3. If there was no firearm, deadly weapon, or weapon of any kind used while committing the robbery, then the robbery is a felony in the second degree.

Each level of the felony has a different punishment associated with it. A first-degree felony is punishable by a term in prison that does not exceed a life sentence, Florida Statute 775.082(3)(b) (2011). A second-degree felony is punishable by imprisonment not exceeding 15 years, Florida Statute 775.082(3)(c) (2011). That is why an accused may want a plea agreement that reduces the charge from a first-degree felony to a second-degree felony.

A criminal lawyer would be able to assess the case and determine what the best course of action would be and can assist the accused in making a decision on how to defend the charges.

Florida Criminal Law: What Are the Elements of the Crime of Robbery?

Thu, 08 Dec 2011 07:27:22 -0500

The crime of robbery in Florida is not only defined by Statute, but the elements of the crime are laid out within the definition itself. When a crime is committed, the police are responsible for investigating the crime and determining whether a) a crime has been committed; b) what crime has been committed; c) whether the evidence leads to suspect; d) whether the evidence is enough to actually charge and hold the suspect; and 3) arresting and charging the suspect with the crime. It is then up to the State Attorney to determine if the elements of the crime charged by the police are provable with the evidence that has been collected and the State may amend or change the charge accordingly.

The elements of the crime of robbery in Florida are established through the definition of robbery, but understanding the elements is vital to understanding how you may be charged with the crime. Florida Statute 812.13 provides for the following elements to be proven:

1. The taking of money or other property (i.e. jewelry) that belongs to someone else;
2. Taking the money or property from the owner or someone who has custody of the property;
3. When taking the property, the intent is to keep the property or money permanently or temporarily from its owner; and
4. When the money or property was taken from its owner or custodian, that there was a use of force; violence (e.g. hitting the owner); assault (e.g. holding up a fist and giving the victim reason to believe she/he would be hit); or instilling fear (i.e. the mere act of taking from another could instill fear).

The State is responsible for proving that all elements of the crime have been proven in order for a jury to convict the charged individual. However, the accused is entitled to a defense to create doubt that the robbery was committed beyond a reasonable doubt. The State is responsible for presenting evidence to the jury to establish that the crime was committed, that the accused is the one that did it and that all elements of the crime are met. The State is responsible for proving all of these elements beyond a reasonable doubt and creating doubt in the mind of the jurors is imperative to overcome the charges.

A criminal lawyer can help you in defending against the crime of Robbery to a jury, but can also work at keeping the case from the jury by working for a plea agreement with the State before pursuing a trial.

Florida Criminal Law: How is Robery Defined?

Tue, 06 Dec 2011 07:38:02 -0500

Committing a crime, like robbery, in Florida, if and when caught, has multiple elements from the time of arrest to the time of a trial. First, the police have to determine, through their investigation, what crime has actually been committed that you can be will be charged with. Once the police make the determination at the time of arrest, the State Attorney’s office reviews the charges and determines what can be actually be prosecuted and charged in the criminal court. Then, your criminal defense attorney may ask the State if there is a lesser charge to which you can plea to before going to trial.

Understanding the crime charged is important to all aspects, including the definition of robbery. Robbery is defined by Florida Statute 812.13(1) as, “…the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

If you have been charged with robbery, then a Florida criminal defense attorney is able to develop a defense to the criminal charges brought against you.

Florida Criminal Law: What is the Definition of a Firearm?

Thu, 01 Dec 2011 07:59:59 -0500

Florida crime charges can have multiple levels determining on the level of the crime committed, such as robbery vs. armed robbery. Criminal charges are brought based on the crime committed and often, whether there was weapon of some sort used to commit the crime. The most common use of a weapon used when committing a crime is a gun or firearm, which can significantly impact how the crime is prosecuted by the State Attorney’s office.

Using a Firearm in Florida can change the charges brought against the accused, so understanding how Florida law defines a firearm is important. Florida Statute 790.001 (6) defines a firearm as, “…any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.”

If you have been charged with a crime involving a firearm you should speak with a criminal law attorney to determine what your possible defenses to the charges could be.

Florida Criminal Law: Is the Crime of False Imprisonment a Felony or Misdemeanor?

Tue, 29 Nov 2011 07:56:30 -0500

False imprisonment of an individual in Florida is a felony. Florida felonies are separated into different categories or degrees, each degree carries a different punishment. Punishments for a felony are determined and defined by Florida Statute and the State Attorney must present its case to meet the standards or elements of the crime for a verdict to be passed by a jury for the level of the degree of felony.

In a false imprisonment case, false imprisonment of an individual is considered a felony of the third degree. Under Florida Statute 775.082 a third degree felony is punishable with up to five years in prison and a $5,000 fine. However, it is a first degree felony, punishable by imprisonment not exceeding life, if the false imprisonment is of a child less than 13 years of age and one the following is also done to the child:

1. Aggravated child abuse;
2. Sexual battery;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;
4. Prostitution of the child (e.g. human trafficking); or
5. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition.

If you are charged with false imprisonment, then you should speak with a criminal law attorney about your possible defenses and options.

Florida Criminal Law: How Is False Imprisonment Defined by Florida Statute?

Thu, 10 Nov 2011 07:03:35 -0500

Florida crimes are defined by statute and prosecuted by the State Attorney’s office in the area where the crime occurred. False imprisonment is a term that is often referenced as a civil issue, such as an employee suing because she was locked in a room by her employer. However, Florida actually defines the action as a crime.

False imprisonment is defined in Florida Statute 787.02(1) as the following:

1. Forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without legal authority against his/her will. (e.g. If a girl is grabbed while walking to her car and thrown into a vehicle of another.)
2. Confinement of a child under 13 years of age against his/her will without parental consent. (e.g. A child being placed in a locked basement by someone that is not the child’s parent or guardian.)

A criminal law attorney can assist you in understanding possible defenses if you have been charged with the crime of false imprisonment in Florida.

Dr. Conrad Murray Guilty of Michael Jackson's Death: A Florida Criminal Law Perspective

Tue, 08 Nov 2011 07:00:24 -0500

Michael Jackson’s doctor, Conrad Murray, M.D., has been found guilty of involuntary manslaughter. The State presented evidence, through multiple witnesses that told the story of Michael Jackson’s death and the role played by Dr. Murray that led to his demise. The story presented by the State to the jury was one of an insomniac ridden Jackson who put his trust into Dr. Murray, who used the anesthetic propofol in high doses without proper safeguards and with inadequate supervision. The combination of Dr. Murray’s along with his failure to communicate all of Michael Jackson’s medications to the treating physicians at the emergency room caused, according to the jury, the death of the King of Pop.

Dr. Conrad Murray was tried and found guilty of involuntary manslaughter in a California Court. The State had to prove that Murray’s actions met California’s legal definition of Penal Code 192(b), involuntary manslaughter, which is the unlawful killing of another that take place

1. during the commission of an unlawful act (not amounting to a felony), or
2. during the commission of a lawful act which involves a high risk of death or great bodily that is committed without due caution or circumspection. (i.e. injecting high levels of medications without proper supervision)

Florida Criminal Law: What Kind of Felony Is the Crime of Kidnapping a Child Under the Age of 13?

Thu, 03 Nov 2011 07:39:03 -0500

Kidnapping charges are severe in most states, like Florida, and over the years have been prosecuted fully due to the nature of the crime and the exposure of the crime. Shows such as Nancy Grace have popularized the victims of the crimes and when kidnappers are found, the law is harsh, reinforcing the severity of the crime and punishment to the public. When someone is charged in Florida with the kidnapping of another, the law looks at the crime and also the age of the victim. Kidnapping someone over the age of 13 is a first degree felony, but kidnapping a child under the age of 13 can have even worse consequences.

Florida Statute 787.01 defines the crime of kidnapping and the penalties associated therewith. Florida Statute 787.01(3) states that a kidnapping is a life felony the kidnapping is upon a child under the age of the 13 and in the course of committed the crime, the accused does one or more of the following:

1. Commits aggravated child abuse, which is further defined in F.S. 827.03;
2. Commits sexual battery against the child;
3. Commits lewd or lascivious battery, molestation, conduct or exhibition on or of the child;
4. Commits a violation as it relates to prostitution upon the child; or
5. Commits exploitation of the child or allows the child to be exploited (e.g. takes nude photos of the child or allows someone else to do the same)

If you have been charged with the crime of kidnapping, then you should speak with a criminal lawyer about your rights and defenses.

In Florida, What Are the Penalites for the Crime of Kidnapping Someone 13 Years Or Older?

Tue, 01 Nov 2011 07:10:05 -0500

Florida defines kidnapping by statute, which is basically the illegal taking of another, by force, trick, etc. In Florida, the police have the job of investigating the crime and charging the alleged criminal with the crime that is believed to have been committed. The job of the State Attorney is to prosecute the crime and make certain that all elements, as defined, were met beyond a reasonable doubt.

Florida crimes are not only defined by Florida Statute, but as are there punishments. The crime of kidnapping, when done to a child over the age of 13, is punishable a first degree felony and is punishable as such. The maximum punishment for a first degree felony is punishable for term of imprisonment not to exceed thirty (30) years.

If you have been charged with the crime of kidnapping in Florida, then you should speak with a criminal lawyer about your rights, options and defenses.

Is the Crime of Kidnapping Different if the Victim is 13 Years Younger?

Thu, 27 Oct 2011 07:21:40 -0500

Kidnapping is defined by Florida Statute 787.01. The crime is defined by a number of factors, including the taking of another with the intent to do anything from use the victim as a hostage to intending to harm the victim (e.g. rape the victim of the kidnapping). In Florida, some crimes are not only defined by the actions, but also by the age of the individual and kidnapping is such a crime.

In Florida, kidnapping a child 13 years of age or younger consists of the taking of the child not just by force, secretly or by threat. In Florida, simply taking a child without the child’s parent or legal guardian’s consent is considered a kidnapping. Therefore, if you pick-up your friend’s child from school and you do not have the expressed permission of the child’s parent, then you have committed a kidnapping under Florida law.

Speak with a criminal lawyer about your rights and options if you have been charged with kidnapping.

How Does Florida Define the Crime of Kidnapping?

Tue, 25 Oct 2011 07:10:45 -0500

In Florida, kidnapping is considered a crime that can be prosecuted by the State Attorney if the crime can be proven to the jury. In Florida, the State Attorney’s office actually brings the charge of the crime against the accused and then has the burden of proving its case. In presenting it’s case to the jury, the State Attorney must be able to prove all elements of the crime of kidnapping in order to prove the guilt of the accused. The elements of the crime of kidnapping are defined in Florida Statute 787.01.

Kidnapping is defined as, “Forcibly (e.g. grabbing), secretly (e.g. not informing the victim first), or by threat (e.g. telling the person that they will be killed if s/he does not go with you) confining, abducting, or imprisoning another person against his or her will and without lawful authority.” In addition to these factors, there must also be intent, meaning the mind frame is present to intentionally do the following:

1. Hold the individual for ransom or reward; or
2. Hold the individual as a shield or hostage; or
3. Inflict bodily harm upon the victim (e.g. taking with the intent to kill); or
4. Terrorize the victim or another person (e.g. holding a knife to the victim or taking the victim to threaten his/her parent); or
5. Commit or facilitate commission of any felony (e.g. forcibly taking another person to help in a robbery); or
6. Interfere with the performance of any governmental or political function (e.g. taking the child of a politician to stop him/her from signing a bill).

You should speak with a criminal lawyer to find out your rights and options if you have been charged with kidnapping.

Florida Criminal Law: What Are the Penalties for the Crime of a Third Degree Felony Burglary?

Mon, 19 Sep 2011 07:00:47 -0500

Burglary, in Florida, has many components due to the number of ways that a burglary can be committed. Burglary is not just the unlawful entry into someone’s home, a store, or there car, but also the crime is charged in the way said crime is actually carried out. Florida Statute 802.10 actually takes into consideration whether there were people present, other than the accused; whether a vehicle was used in committing the crime (e.g. gaining access to the building by running into it with a car); whether the accused became armed while committing the crime, etc. For each component of the case, Florida law indicates whether those components are a first degree felony to a third degree felony burglary.

So, what are the penalties for the crime of burglary when the components are a third degree felony charge? First, if the burglary is to a structure (i.e. store) or a conveyance (i.e. car) and there were no actions of assault or battery, then it is a third degree felony. A third degree felony is punishable by a maximum of five years in prison and a fine of nor more than $5,000 for first time offenders. Florida Statutes 775.082 and 775.083 (2010).

If you have been charged with a third degree felony burglary, then you should contact a criminal lawyer about your rights and options.

Florida Criminal Law: What Are the Penalties for the Crime of a Second Degree Burglary?

Fri, 16 Sep 2011 07:56:59 -0500

The crime of burglary is defined by Florida Statute 810.02. Like all crimes in Florida, the statutes determine whether the crime is a misdemeanor or a felony. A felony can be anything from a life felony to a third degree felony. The crime of burglary, under Florida statute, can be charged as a second degree felony when the burglary is committed in a dwelling (i.e. a house or apartment), regardless of someone being in the home. Also, it can be a second degree felony when someone is present in the conveyance (i.e. vehicle) or structure (i.e. store).

So, what are the penalties for a second degree felony? If you are charged with burglary as a second degree felony, then you can be sentenced up to a term of no more than 15 years in jail and receive up to a $10,000 fine. These penalties are for the first offense, not for a repeat offender. Florida Statutes 775.082 and 775.083.

If you have been charged with burglary, then you should contact a criminal lawyer to discuss your rights and options.