Clearwater Criminal Lawyer Blog
In Florida criminal cases, the law generally prohibits the prosecution from introducing evidence that the defendant previously committed crimes or other bad acts in order to establish guilt for the charged offense. As discussed in a recent Florida ruling issued in a gun crime case, such evidence can be offered for other reasons, such as demonstrating intent. If you are charged with a weapons offense, it is prudent to consult a Clearwater gun crime defense lawyer about your options.
Factual and Procedural Setting
It is alleged that the defendant was charged and convicted of knowingly possessing a firearm as a felon in violation of federal law. The events leading to his arrest occurred in February 2020, when Miami police officers responded to the sound of gunshots. As the officers neared the source of the shooting, they observed a silver car speeding away, leading to a high-speed chase through city streets. The vehicle drove recklessly, running red lights and stop signs before ultimately crashing. Inside the car, the officers found the defendant in the backseat. Firearms and ammunition were recovered from the vehicle’s rear floorboard. The car belonged to the defendant’s mother.
Reportedly, investigators linked the gunfire to a nearby apartment complex, where a man had been shot in the head. Spent cartridge casings from the scene matched the firearms found in the vehicle. Surveillance footage from the apartment complex also showed gunshots being fired from the back of a car resembling the silver car. Forensic analysis revealed gunshot residue on the defendant’s left hand. Before trial, the government filed a motion to introduce evidence of the defendant’s prior felony convictions for firearm possession in 2011 and 2014 to demonstrate his knowledge and intent. The defendant sought to exclude this evidence but was unsuccessful, and he was subsequently convicted. He then appealed.
Evidence of Prior Bad Acts
On appeal, the defendant argued that the trial court erred in admitting evidence of his prior firearm possession convictions and in applying sentencing enhancements related to attempted murder and reckless flight from law enforcement.
The court first reviewed the trial court’s decision to admit prior bad acts under Federal Rule of Evidence 404(b), which permits evidence of prior crimes when relevant to issues other than character. In doing so, the court found that the probative value of the prior firearm possession convictions outweighed any potential prejudice, as they were closely related to the charges at hand and demonstrated the defendant’s knowledge and intent regarding illegal firearm possession.
The court also upheld the application of the sentencing enhancement for attempted murder, as the evidence—including the matching casings, gunshot residue, and surveillance footage—strongly indicated that the defendant participated in the drive-by shooting, which resulted in serious bodily injury.
Additionally, the court determined that any error in applying the reckless flight sentencing enhancement was harmless, as the defendant’s guideline sentence remained unchanged. As such, the court affirmed the defendant’s conviction.
Meet with a Skilled Clearwater Criminal Defense Attorney
If you are accused of committing a weapons offense, it is smart to meet with an attorney to determine what defenses you may be able to assert. The skilled Clearwater gun crime defense attorneys at Hanlon Law can evaluate your case and advise you regarding what measures you can take to protect your rights. You can contact Hanlon Law through our online form or by calling 727-897-5413 to arrange a conference.