According to Florida Statutes, battery can be defined as one person intentionally touching another, causing bodily harm. This is often confused with assault. The difference is that sometimes assault doesn’t require the actual touching of another human being, but only verbal assault. In Ft Lauderdale, Miami, Palm Beach and other…
South Florida Criminal Defense Lawyer Blog
Manslaughter, Murder or Homicide in South Florida
A person who kills another human being may not only have committed homicide. Homicide can be divided into murder and manslaughter. Cases differ from one another and it is the examination of every single detail that will determine if someone will be charged with either manslaughter or murder. You may…
Diminished Capacity or Legally Insane?
Diminished capacity and insanity are terms often confused in criminal issues. In South Florida, when we talk about diminished capacity we are talking about a mental inability, caused by intoxication, trauma, or disease, that makes the person not accountable for their actions. This means that they were not able, due…
Burglary in South Florida
In South Florida, to be charged with a burglary offense, the State of Florida needs to prove three elements. First, the state needs to prove that the suspect entered a property that was legally owned by another individual. This means, for example, entering someone else’s home. The second element the…
Can Someone, in South Florida, Commit Burglary Inside A Vehicle?
Burglaries not only occur in someone’s home, but it can also occur in someone’s car, trailer or truck. For a person to be charged and convicted of a burglary crime in Fort Lauderdale, Miami or Palm Beach, the state has the burden of proving whether that person entered the property…
“Going Insane” in South Florida
We know that when a person is being accused of committing a criminal act, it is the state’s obligation to prove all the elements of the crime existed. The elements of the crime are stated in the Florida statutes of that specific offense. In the courts of Fort Lauderdale, Palm…
An Eye For An Eye? Capital Punishment and Life Imprisonment in South Florida
There are cases that South Florida considers as “Capital felonies”. These cases are the ones punishable by life in prison or even death penalty. These cases mostly involve murders, capital drug trafficking, armed kidnapping and rape. The felony courts in Ft Lauderdale, Miami and Palm Beach consider aggravating and mitigating…
What is an “Accessory After The Fact” in the State of Florida?
In South Florida, not only you have to actually commit the crime in order to be accused and sent to prison. For example, you don’t need to be the one who actually shot an individual in order to be accused of a crime. You may have not even been at…
Armed Drug Trafficking in Florida
In South Florida, there are statutes that define controlled and non-controlled substances, as well as statues that define the amount of a particular drug that is needed for a criminal charge to take place. After the “War on Drugs” in 1980, the number of cases involving drug trafficking has increased…
Was I “Driving Under the Influence” in South Florida?
The State of Florida has laws which determine who can consume and sell alcohol. In South Florida, DUI arrests are becoming common. People in Ft Lauderdale, Miami, Palm Beach and other places in Florida are being arrested by police officers and charged with an alcohol related offense. The most important…