Clearwater Criminal Lawyer Blog
In Florida, people accused of crimes have numerous protections, including the right to be free from being tried or convicted more than once for the same offense. This does not mean that people cannot be charged with multiple offenses from a single criminal episode, though, if the legislature explicitly authorizes separate punishments, as explained in a recent Florida decision where the defendant challenged multiple convictions stemming from the same incident. If you are charged with a violent crime, it is smart to consult an experienced Clearwater violent crime defense attorney to protect your rights.
History of the Case
It is alleged that the defendant entered a dwelling and committed acts of violence against the victim, who was his girlfriend. Reportedly, the defendant engaged in physical aggression, including punching, choking, kicking, and stabbing the victim. The victim allegedly suffered significant injuries, including a stab wound to her thigh, three fractured ribs, and multiple bruises.
It is reported that the State charged the defendant with burglary with assault or battery, aggravated battery using a deadly weapon, and felony battery causing great bodily harm. Allegedly, the trial court convicted the defendant of all charges and imposed a sentence of 99.150 months in prison for the aggravated battery and burglary counts, followed by eighteen months of probation. The court also sentenced the defendant to 99.150 months for felony battery, to run concurrently with the other sentences.
Allegedly, on appeal, the defendant argued that his convictions for aggravated battery with a deadly weapon and felony battery causing great bodily harm violated double jeopardy principles, contending that he was impermissibly convicted twice for the same criminal act.
Establishing a Double Jeopardy Violation
On appeal, the court evaluated the defendant’s double jeopardy claim by applying Florida’s statutory framework and judicial precedent. The court examined whether the legislature intended to authorize separate punishments for the offenses charged.
Under Florida law, courts utilize the Blockburger test, codified in section 775.021(4)(a), Florida Statutes, which assesses whether each offense contains an element that the other does not. If each offense includes a distinct statutory element, separate convictions are generally permitted unless an exception applies.
The court determined that the defendant’s aggravated battery and felony battery convictions did not violate double jeopardy because they were charged under separate statutes with distinct elements. Specifically, aggravated battery with a deadly weapon requires proof of the use of a weapon, while felony battery causing great bodily harm necessitates a showing of significant injury. The court reasoned that the statutory differentiation indicated legislative intent to allow separate punishments.
Further, the court considered whether any statutory exceptions precluded multiple convictions. Florida law prohibits multiple punishments only when offenses share identical elements, are different degrees of the same offense, or one offense is subsumed by another. The defendant argued that the “degree variant” exception applied. However, the court found that because the charging document distinguished between the physical assault and the stabbing as separate acts, the degree variant exception did not bar multiple convictions. The court cited Valdes v. State, which clarified that different statutory provisions and distinct factual allegations permit separate convictions arising from a single episode.
Ultimately, the court affirmed the defendant’s convictions, holding that the dual convictions for aggravated battery and felony battery did not violate double jeopardy principles.
Consult a Skilled Clearwater Criminal Defense Attorney Today
If you are charged with multiple violent crimes, it is crucial to understand your legal rights and defenses, and you should consult an attorney as soon as possible. The experienced Florida criminal defense attorneys at Hanlon Law are committed to safeguarding the rights of the accused, and if we represent you, we will advocate aggressively on your behalf. You can contact our office at 727-897-5413 or fill out our online form to schedule a consultation today.