Criminal Defense

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Classification of Crimes

Florida has two criminal classifications: felony and misdemeanor. A felony is generally defined as any crime punishable by death or more than one year in prison. A misdemeanor is any crime punishable by imprisonment for less than one year. Florida also has a classification known as a noncriminal violation, which is an offense punishable by fine, forfeiture or civil remedy. Felonies and misdemeanors are further divided into different degrees. The following list shows the maximum imprisonment and fines for felonies and misdemeanors. Capital Felony: death or life imprisonment with no parole Life Felony: 40 years to life; $15,000 Felony in the First Degree: 30 years; $10,000 Felony in the Second Degree: 15 years; $10,000 Felony in the Third Degree: 5 years; $5,000 Misdemeanor in the First Degree: 1 year; $1,000 Misdemeanor in the Second Degree: 60 days; $500

Types of Crimes

• Assault
• Battery
• Carjacking
• Homicide
• Incest
• Kidnapping
• Robbery
• Sexual Battery
• Stalking
• Theft
• Financial Crimes

Assault

An assault is the intentional and unlawful threat, by word or act, of violence against a victim in which the defendant has the ability to carry out the threat and the victim has a well-founded fear that violence is imminent. Assault is a second degree misdemeanor. Aggravated assault is assault with a deadly weapon in which the defendant did not have an intent to kill but did have an intent to commit a felony. Aggravated assault is a third degree felony.

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Battery

Battery is the intentional touching or striking of a victim against his or her will causing the victim harm. Battery is a first degree misdemeanor. Aggravated battery results when the defendant intentionally or knowingly causes the victim great bodily harm, permanently disables or disfigures the victim, uses a deadly weapon or knew (or should have known) the victim was pregnant. Aggravated battery is a second degree felony.

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Carjacking

Carjacking is the forcible or violent taking of a motor vehicle from a person or the owner with the intent of either permanently or temporarily depriving the person or owner of the motor vehicle. Carjacking is a first degree felony.

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Homicide

Homicide is the unjustified killing of a human being. Homicide can be classified as murder or manslaughter. Under Florida law, there are three degrees of murder. Murder in the first degree is the premeditated killing or the death of a person during the commission of one of the following enumerated felonies: drug trafficking, arson, sexual battery, robbery, burglary, escape (from detention, arrest, trial or punishment), aggravated child abuse, aircraft piracy, bombing, fatal drug distribution, carjacking or home invasion robbery. A person can be convicted of first degree murder even though he or she did not actually kill anyone, did not plan to kill anyone, or was not present at the crime scene but was involved in the commission of an enumerated felony that resulted in a person's death. Murder in the first degree is a capital felony. Murder in the second degree is an unjustified killing perpetrated by "an act imminently dangerous to another and evincing a depraved mind regardless of human life" or the killing of a person during the commission of an enumerated felony in which the defendant was not the killer but was involved in committing the felony. Murder in the second degree is a first degree felony. Murder in the third degree occurs when a person kills during the commission of a nonenumerated felony. Murder in the third degree is a second degree felony. Manslaughter is the unlawful killing of a person that does not rise to the definitional level of a murder. Manslaughter is a second degree felony.

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Incest

Anyone who marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity (child, parent, grandparent) or with a brother, sister, uncle, aunt, nephew or niece is guilty of incest. Incest is a third degree felony.

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Kidnapping

Kidnapping is the forcible and secret abducting, confining or imprisoning of a victim against his or her will with intent to (1) collect a ransom, (2) commit or facilitate the commission of a felony, (3) inflict bodily harm or terrorize the victim, or (4) interfere with any governmental or political function. Kidnapping is a first degree felony. Anyone who kidnaps a child under the age of 13 and commits aggravated child abuse, sexual battery or a lewd act in the presence of the child commits a life felony.

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Robbery

Robbery is the forcible, violent or threatening taking of property from another with intent to either permanently or temporarily deprive the person or owner of the property. Robbery is a second degree felony. If in the course of a robbery the defendant carries a firearm or other deadly weapon, the robbery is a first degree felony. Home invasion robbery occurs when the defendant enters a victim's home and robs the occupants in their dwelling. Home invasion robbery is a first degree felony.

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Sexual Battery

Sexual battery is used to describe both forcible rape and statutory rape (sexual relations with a minor). This includes oral, anal or vaginal penetration by, or union with, the sex organ of another, or the anal or vaginal penetration by any other object. Depending on the circumstances, sexual battery can be a capital felony, life felony or a first or second degree felony. Anyone soliciting another to engage in an act that would constitute sexual battery is guilty of a third degree felony.

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Stalking

Any person who willfully, maliciously and repeatedly follows or harasses another person is committing the crime of stalking, a first degree misdemeanor. Aggravated stalking occurs when a stalker makes "a credible threat with the intent to place a person in reasonable fear of death or bodily injury." Aggravated stalking is a third degree felony.

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Theft

Florida has combined the crimes of larceny, embezzlement, false pretenses and receiving stolen property into the category of theft. A person commits theft when he or she knowingly obtains or uses the property of another with intent to either temporarily or permanently deprive the other person of the property. Theft of property valued at $100,000 or more is grand theft in the first degree and a first degree felony. Theft of property valued at $20,000-100,000 is grand theft in the second degree and a second degree felony. Theft of property valued at $300-20,000 is grand theft in the third degree and a third degree felony. Theft of any other property is petit theft and a second degree misdemeanor. (The category of larceny, the taking of property without consent and with intent to steal, is still used for reporting purposes.)

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Financial Crimes

It is critical to get legal advice if you have any reason to believe you are under investigation for a crime. Any investigation into financial crime can escalate rapidly before the suspect is ever approached by investigators. If you have noticed any unusual activity, queries, or change in behavior of those around you, consult right away with an attorney experienced in financial crime defense Financial crime cases we are prepared to handle include those involving allegations of:

• forgery
• banking violations
• embezzlement
• criminal tax evasion
• tax fraud
• accounting fraud
• bribery of officials
• credit card fraud
• debit card fraud
• telecommunications crime
• computer crime
• identity theft
• counterfeiting of US currency
• government and commercial securities fraud
• insider trading
• electronic funds transfer fraud

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