While criminal defendants will often assert their innocence, in some instances, it makes sense for them to enter a guilty plea. For example, a defendant will often plead guilty with the expectation that they will receive a reduced sentence for their convictions. Guilty pleas do not automatically result in lesser…
Under Florida law, the State can charge a defendant with felony murder if a person dies during the defendant’s commission of a felony offense. A conviction for a felony is an essential element of felony murder, and if the State cannot establish the defendant committed a felony crime, the defendant…
Although white-collar crimes do not typically cause bodily harm, the courts nonetheless punish people convicted of such offenses harshly. While the courts generally must comply with sentencing guidelines when issuing sentences, the guidelines allow for significant latitude, and as long as a sentence is not deemed unreasonable, it will likely…
In Florida, people convicted of sex crimes may be sentenced to lengthy terms in prison. Additionally, if they have a history of prior convictions, their sentence may be increased. As discussed in a recent Florida opinion, this is true regardless of whether the convictions were imposed by another state. If…
Under Florida law, theft crimes are graded, in part, by the value of the object stolen. As such, in many instances, the State is required to prove the market cost of the diverted goods in order to demonstrate the defendant’s guilt. If the State is unable to meet this burden,…
Under Federal law, banks are required to report cash deposits that exceed a certain amount on the basis that they may indicate that people are attempting to avoid paying income tax. Some people attempt to evade this requirement by structuring their deposits in a manner that will not trigger the…
In the context of criminal proceedings, the defendant’s guilt typically hinges on the interpretation of circumstantial rather than direct evidence. When viewed in its entirety, if the evidence in question does not demonstrate the defendant’s guilt beyond a reasonable doubt, the defendant should be able to avoid a conviction. In…
In Florida, the act of touching a person without their consent is unlawful, and people that engage in such behavior may be found guilty of battery. Notably, contact is an essential element of many battery crimes, and if the prosecution cannot establish that a person charged with battery made actual…
The Double Jeopardy Clauses in the state and federal Constitutions aim to protect individuals from being unfairly subjected to repeated prosecutions and punishments for the same offense. As such, if a defendant is convicted on multiple theft charges arising out of the same incident, they may be able to successfully…
In Florida, people convicted of offenses involving bodily harm to another individual may face a variety of penalties. For example, in addition to being sentenced to jail time and probation, a person may be ordered to pay restitution fees. The courts can only order a defendant to pay restitution for…