Clearwater Criminal Lawyer Blog
Child abuse is a serious offense that carries substantial penalties. While many child abuse charges arise out of direct involvement with children, they can also arise out of other scenarios that unintentionally place a child in harm’s way. For example, in a recent Florida case a defendant was charged with aggravated assault and child abuse after reportedly shooting into a building. As demonstrated in that case, acquittal on assault charges filed along with child abuse charges does not necessarily necessitate a not guilty verdict for the child abuse offenses. If you are accused of engaging in acts that constitute child abuse, it is wise to confer with a Clearwater child abuse offense defense lawyer to evaluate your potential defenses and what measures you can take to protect your interests.
History of the Case
It is alleged that the state charged the defendant with numerous crimes, including aggravated assault with a firearm, as well as five counts of child abuse in violation of Florida law. The charges stemmed from an incident where the defendant was accused of shooting into a building and committing aggravated assault with a firearm against two adults. The jury found the defendant not guilty of shooting into the building and guilty of the lesser included offense of assault on the charge of aggravated assault with a firearm. The defendant challenged the convictions and sentences, arguing that the jury’s verdict was legally inconsistent because it acquitted him of the shooting charge while convicting him of child abuse and assault.
Determining if a Jury’s Verdict is Inconsistent
On appeal, the court reviewed the evidence offered during the case to determine if the jury’s verdict was legally inconsistent. In doing so, it referred to established legal principles, noting that a true inconsistent verdict requires an acquittal on one count to negate a necessary element for conviction on another count, rather than a logical or factual inconsistency.
In the subject case, the court concluded that the child abuse offenses were independent of the jury’s findings on the shooting and aggravated assault charges. The court explained its finding by citing precedents that clarified the difference between factual inconsistencies and true legal inconsistencies.
The court also noted that the defendant raised issues regarding the trial court’s rulings on evidence admission and jury selection. However, the court found no abuse of discretion in the trial court’s decisions. Consequently, the court affirmed the defendant’s convictions and sentences.
Meet with a Knowledgeable Clearwater Criminal Defense Attorney
Facing accusations of child abuse crimes can be daunting, but it is the prosecution’s duty to prove the defendant’s guilt in criminal cases. If they cannot, the defendant should be found not guilty. If you are charged with a child abuse offense, it is smart to meet with an attorney to discuss your case. The knowledgeable Clearwater child abuse defense attorneys at Hanlon Law can assist you in seeking the best possible outcome based on the particulars of your case. Contact Hanlon Law through our online form or by calling 727-897-5413 to arrange a consultation.