In Florida criminal cases, convictions for attempted second-degree murder often hinge on whether the defendant’s actions meet the statutory definition of acting with a “depraved mind.” This determination plays a crucial role in evaluating a defendant’s mental state, particularly when circumstantial evidence is involved. Recently, a Florida court explored these…
A person charged with a crime in Florida has certain rights that the State is not permitted to violate in order to obtain a conviction. For example, if a person is charged with more than one crime the state is limited as to whether evidence of the first crime can…
If you are charged with a crime, the prosecution has the burden of proving that you committed all the elements of the crime in order to convict you of that crime. Some crimes involve an element that requires a specific mental state which depends on what a defendant was intending…
If a jury is going to be expected to decide on whether a person is guilty or innocent in a Florida criminal case, it first has to first be properly instructed on the criminal offense with which the person is charged. A recent decision out of Florida’s Fifth District Court…