Jacksonville Criminal Lawyer Blog

In Florida, the crime of animal cruelty can either be a misdemeanor or a felony. Felonies are more serious and carry maximum punishments greater than one year in prison while misdemeanors carry maximum punishments of no more than one year. In Florida, misdemeanor animal cruelty is committed by killing, tormenting, depriving of food and water or unnecessarily mutilating an animal. The wording of misdemeanor animal cruelty clearly covers a lot of bad conduct that one might inflict upon an animal. In order for felony animal cruelty to apply, a person must cause a "cruel death" of an animal or cause excessive or repeated suffering to an animal.

There is generally a big difference between a felony charge and a misdemeanor charge. However, there is some overlap in the language of the two levels of animal cruelty. If a person torments an animal and/or deprives it of food to cause its death, that clearly would be a misdemeanor under the above language. However, it also could be considered repeated or excessive suffering or a cruel death, which would make it a felony.

When such an act of animal cruelty occurs, how does one know if the misdemeanor or felony charge is more appropriate? It is typically up to the police officer and the prosecutor. They make the decisions as to the charge for which the defendant is arrested and what charge is filed. As we have seen in Jacksonville, Florida, the police and the prosecutors typically err on the side of the more serious felony charge. In fact, we have seen cases where people kill animals by shooting them, resulting in quick deaths, and the felony charge is filed. These acts would seem to clearly fall within the misdemeanor animal cruelty definition, but the more serious felony charge is filed because people suspected of committing animal cruelty resulting in the death of an animal do not often get the benefit of the doubt.

However, in any animal cruelty case, the law must still be followed, and the state should not be permitted to overcharge an act that should be charged as a misdemeanor under Florida law.

In Florida, an assault is an intentional verbal or physical threat to commit violence upon another person in such a way that it is apparent that the person making the threat has the ability to carry it out and the victim reasonably fears that the violence is imminent. An assault is a misdemeanor crime in Florida. However, it can become an aggravated assault, a serious felony, if a deadly weapon is used or the assault is made with the intent to commit a felony. When the victim is a police officer, or any number of other public employees, the crime and potential penalties become more serious.

An aggravated assault against a law enforcement officer charge often comes up in the police chase context. One question that arises is whether the defendant intended to threaten the police officer or was just trying to get away. If the former, then an aggravated assault on a law enforcement officer charge may be valid. If the defendant was just trying to escape and did not intend to threaten the police officer, the aggravated assault on a police officer charge may still be a viable charge.

In order for the state to prove an aggravated assault on a police officer charge, or any assault for that matter, the state does not have to prove that the defendant intended to commit violence against the victim. The state only has to prove that the defendant intentionally made the threat, either by words or actions, that was substantially certain to put the victim in fear of violence. Therefore, in the police chase context where the police cars are chasing the defendant or have him blocked off, if a defendant accelerates a car in the direction of a police officer, with no intent to strike the police officer but just to get away, the defendant may be charged with aggravated assault on a police officer if the police officer was in reasonable fear of being hit by the defendant's car.

In Florida a battery is normally committed when a person forcefully touches another in an unauthorized manner. A first time battery will likely be charged as a misdemeanor crime. The charge becomes domestic battery if the victim is a relative or shares another specified relationship with the suspect. A battery can be a felony if a weapon is used or the battery results in sufficiently serious injuries to the victim.

However, no matter the type of battery, domestic or otherwise, felony or misdemeanor, the defendant may have a self defense argument. A valid self defense claim is a complete defense to a battery charge and, if successful, would result in a verdict of not guilty in a criminal trial.

A person in Florida has a right to use force against another if he/she reasonably believes it is necessary to protect him/herself or another from that person's imminent use of force. In other words, if you think someone is about to use force against your or another victim, you can use force against that person if it is reasonably necessary to prevent that force from occurring.

This right to self defense is not absolute. There are two common situations where self defense is not a valid defense to a battery charge. If the defendant is committing a forcible felony, attempting to commit a forcible felony or escaping from the commission of a forcible felony, he/she does not have the right to claim self defense if he/she uses violence against someone. For instance, if a defendant breaks into another's home to steal something, someone inside is about to strike the defendant and the defendant hits that person first, the defendant will not be allowed to use the self defense claim. In this case, the defendant was committing a burglary and had no right to strike the other person. The defendant would be charged with burglary and battery without a valid self defense argument.

The other scenario occurs when the defendant initially provokes the use of force. If the defendant starts a fight and the other person moves to strike the defendant, the defendant is not authorized to use a self defense argument if the defendant strikes the other person first.

Most people are familiar with the word hearsay as they have heard the term on TV shows and other places. The evidentiary rules regarding hearsay are often misunderstood, not just by the general public, but also by lawyers. Basically, hearsay is a statement by a person not in court that one side is attempting to use in court to prove the truth of the matter referenced in the statement. As a simple example, if Bob comes in to court and tells the jury that Steve told Bob that Defendant committed the robbery, Bob's testimony is hearsay. As a general rule, hearsay is not admissible in court because the Defendant has a right to question Steve about what he saw, and he cannot do that if Steve is unavailable and the jury only hears what Steve allegedly saw through Bob's testimony. However, there are exceptions to the hearsay rule.

One exception is called the dying declaration. In a recent murder and armed robbery case south of Jacksonville, Florida, shortly after the incident, the police saw the victim in the hospital. The police officers showed the victim a photo lineup which included the defendant's picture. The victim could not speak, but he was apparently able to blink signifying an affirmative response when the police officers showed the victim the picture of the defendant. The victim later died, and the police officer came to court during the defendant's trial and testified the victim blinked while looking at the defendant's picture in the photo lineup to indicate the defendant was the person who robbed and shot him.

The criminal defense attorney argued to keep the evidence of this identification out of court claiming it was inadmissible hearsay. Inadmissible hearsay does not have to be an actual statement; it can also be an assertion like a gesture, pointing or blinking. However, the court disagreed. Under the dying declaration hearsay exception, if a person makes a statement or assertion while he/she reasonably believes his/her death is imminent and certain and the statement is concerning the cause of that death, that statement may be admissible hearsay in court. The witness does not need to expressly state that he/she knows death is imminent and certain if it is apparent from the circumstances that the witness would reasonably believe he/she is about to die.

In this case, the state presented evidence that the victim was in grave condition and it was clear that he was about to die. Because of that, the court found that the dying declaration exception to the hearsay rule applied, and the police officer was allowed to testify to the victim's identification of the defendant as the robber and shooter. The obvious downside to the defendant was that the state presented critical evidence of his guilt without the defendant's criminal defense lawyer having an opportunity to cross-examine the victim about this hearsay evidence.

In Florida, the Department of Agriculture and Consumer Services regulates licenses to carry concealed weapons or firearms. That department issues concealed weapons or firearms permits, and they also revoke them for various reasons. If a person has been convicted of a felony in Florida or any other state, that person is not allowed to own or possess a firearm. However, if a person has been found guilty or pled guilty or no contest to a lesser charge, the department may still suspend that person's license to carry a concealed firearm or weapon.

Florida law provides that certain people who qualify may obtain a license to carry a concealed weapon or firearm. The licenses must be carried with the firearm or weapon, and they are good for seven years.

If a person has been found guilty or entered a plea or guilty or no contest to a misdemeanor involving violence, the department will deny an application for a concealed weapons or firearm permit for a period of three years from the time the criminal sentence has been successfully completed. If a person has an existing concealed firearms or weapons permit, the department will suspend the concealed firearms/weapons permit if a person gets arrested and sentenced for a misdemeanor involving violence. That suspension will last at least three years from the time the sentence is successfully completed. The department will also suspend a concealed weapons/firearms permit if the person has an injunction against violence issued against them.

There is an exception to the rule that a concealed weapons/firearms permit is suspended if the person has been sentenced for a crime involving violence. If the crime that suspended the concealed weapons/firearms license has been sealed or expunged, the law states that the concealed weapons/firearms license should not be suspended.

If you have a concealed weapons or firearms permit, or intend to get one, and are facing a crime involving violence, feel free to contact us for a free consultation regarding your rights. Likewise, if you have a prior case involving violence that is preventing you from getting a concealed weapons or firearms license, you can contact us to see if you are eligible to seal or expunge your case and render you eligible to obtain the concealed weapons or firearms permit.

In Florida, a battery where no weapon is used is normally a misdemeanor crime, which means the maximum penalty is one year in jail. A battery against someone not related to the defendant is a serious charge but not normally as serious as a domestic battery charge and certainly not as serious as a felony battery charge. Using a weapon during a battery can certainly raise the stakes for a battery charge and make it a felony punishable by years in prison. Outside of the domestic battery context where a defendant has a prior domestic battery conviction, battery charges are typically going to remain misdemeanors if no weapon or serious injury is involved.

However, there is one type of battery that we see charged fairly often that does not involve a weapon and often does not result in any, let alone serious, injuries to the alleged victim. Battery by strangulation is a third degree felony in Florida punishable by a maximum of five years in prison. One might expect that the battery by strangulation charge requires forceful strangulation and evidence of the victim's inability to breathe for the state to bring those charges. That is not always the case. As criminal defense lawyers working in the Jacksonville, Florida area, we have see quite a few battery by strangulation arrests where, at worst, the defendant merely puts his/her hands on or near the victim's neck. This is not sufficient to maintain a battery by strangulation charge in Florida. The Florida law requires the defendant to impede the normal breathing of the victim or the circulation of the blood of the victim by applying pressure on the neck, nose or mouth and creating a risk of great bodily harm.

The Florida law, as written, seems to require a significant effort to choke, or strangle, the victim. However, we often see police officers arresting a person for battery by strangulation where there is just an allegation that the defendant merely put his/her hands on the victim's neck without evidence of a restricted airway or blood flow or a risk of serious bodily harm. In many cases where battery by strangulation is charged, the state may have overcharged the case and the misdemeanor is much more appropriate than the more serious felony charge, and this type of case must be defended appropriately.

In Florida, there are different types of battery crimes that have different ramifications for people charged with those crimes. A battery charge in Florida can be a misdemeanor, punishable by no more than one year in jail, or a felony, punishable by more than a year in prison, depending on the circumstances of the crime. A regular battery is very broadly defined. Technically, a battery can be committed by doing much less than actually striking a person. In Florida, a battery is simply defined as intentionally striking or even touching another person against his/her will. A regular battery is a misdemeanor punishable by up to one year in jail. However, if a person has any kind of prior battery conviction, a second battery can be charged as a third degree felony that carries a maximum punishment of five years in prison. A first time regular battery can also be a felony if the battery causes serious harm to the victim.

A battery becomes a domestic battery if the victim has a certain relationship to the defendant. A domestic battery charge carries the same penalties as a regular battery, but prosecutors often take them more seriously and recommend harsher sentences that can include jail time and attendance in programs designed to teach people about domestic violence. A battery can become a domestic battery if the defendant and victim are related, live together or have children together.

One significant difference between a regular battery charge and a domestic battery charge is the effect it can have on a person's criminal record. On a regular battery charge, if the defendant decides to plead guilty or no contest, the criminal defense lawyer can negotiate a sentence where the judge withholds adjudication. This is not considered a conviction under Florida law and the criminal defense attorney can file a motion to have the defendant's criminal record sealed if he/she has no other convictions. However, Florida law does not allow a person to have a domestic battery charge sealed when the judge agrees to withhold adjudication on that charge. If a defendant pleads guilty or no contest to a domestic battery charge, it is likely to stay on his/her criminal record permanently.

In Florida, there are separate crimes for theft, robbery and robbery by sudden snatching. Under the Florida criminal laws, a theft occurs when someone takes the property of another without permission either permanently or temporarily. This crime does not involve taking the property by force or threat. For instance, if the victim left her purse on her desk and the suspect came in and took it while she was gone, that would be theft. Theft can range from a misdemeanor to a first degree felony depending on the value of the property taken or other factors.

In Florida, a robbery occurs when a person takes the property of another without permission by use of force, violence or threat of violence. An example would be where a woman was walking with her purse and the suspect pushes her down and takes the purse or otherwise wrestles the purse away from her. Robbery is a second degree felony punishable by a maximum of 15 years in prison. However, if the suspect had or used a deadly weapon during the robbery, it becomes a first degree felony.

In Florida, robbery by sudden snatching involves taking property from another when the property is on that person and is aware of the taking. As example would be where the woman was walking with her purse in her hand the the suspect grabs the purse and runs away. However, if the purse was close to the victim but not on her person and the suspect took it without violence or a threat, it would likely just be a theft. Robbery by sudden snatching is a third degree felony punishable by up to 5 years in prison if no deadly weapon was possessed or used. If the suspect used a weapon, then the crime would be armed robbery and a first degree felony. If the suspect possessed a weapon during the robbery by sudden snatching but did not use it, the crime becomes a second degree felony.

In Florida, a battery crime is defined as intentionally striking, or even touching, another person against his/her will. This is obviously a very broad definition of criminal activity that can include a lot of conduct, and even harmless conduct. Slightly pushing someone with no injury whatsoever can come under the definition of battery. Domestic battery is a battery against a relative, someone with whom the defendant shares a child or someone with whom the defendant lives or used to live.

A person's first domestic battery or regular battery crime is a misdemeanor in Florida punishable by up to a year in jail. Battery and domestic battery are two of the most serious misdemeanor charges depending on the circumstances of the case and any injuries caused. However, they are still misdemeanors so the severity of the potential punishments are limited.

If a person has a prior conviction for battery, whether it is a regular battery, domestic battery, battery against a law enforcement officer or aggravated battery, another battery charge of any kind can be charged as a third degree felony. The second battery does not need to be of the same kind as the first. In other words, if a person is convicted of a battery against a stranger and then commits a domestic battery, the second battery crime can be charged as a felony.

Felony crimes are often much more serious than misdemeanor crimes, particularly when the state sees that the defendant has a prior record of a similar nature. For third degree felonies, the maximum penalty is five years in prison.

Traditionally, cocaine, crack and marijuana cases were the majority of drug cases that appeared in criminal courts in Florida. Over the last several years methamphetamine and pill cases have become much more common. According to the Centers for Disease Control and Prevention, prescription painkillers have caused more fatal overdoses than drugs like cocaine and heroine. Painkillers like Hydrocodone, Oxycodone and Oxycontin can be very addictive and cause people to go to great lengths to obtain those drugs. Recently, law enforcement officials have noticed an increase in robberies of pharmacies and other drug stores. At pharmacies, people are targeting prescription drugs, narcotic cough syrup and pseudoephedrine pills that are a key ingredient in the manufacture of methamphetamine.

The Drug Enforcement Agency has reported an 80% increase in pharmacy robberies and burglaries from 2006 to 2010. In 2010, Florida led the nation in the number of pharmacy robberies. Pharmacies and drug stores are also noticing an increase in thefts of these items by employees who either use the drugs or sell them on the street.

The crime of aggravated battery is a very serious felony crime in Florida that often results in a person receiving a prison sentence if convicted. In Florida, aggravated battery is defined as committing a battery (unauthorized contact with another person) with the use of a deadly weapon. As you can see, the definition of battery is very broad. Just about any unauthorized contact with another person can technically be a battery. The question in an aggravated battery case typically revolves around the deadly weapon element. What is a deadly weapon? Sometimes, in the case of a knife or brass knuckles, the object clearly qualifies as a deadly weapon. However, when other, less dangerous objects are used, the answer is not so clear.

In a recent criminal case near Jacksonville, Florida, the defendant was charged with aggravated battery for stabbing the victim in the back of the neck with a plastic fork. The victim was scratched by the fork and had a red mark, but there was no bleeding. The state charged the victim with aggravated battery claiming that the plastic fork could have seriously injured the victim had the defendant stabbed him in a different place on his neck, i.e. at the artery. The judge agreed, and the defendant was convicted of the crime.

The appellate court reversed the conviction. Clearly, this was a regular battery (a misdemeanor crime). However, the plastic fork was not considered a deadly weapon which is a requirement for a felony aggravated battery conviction. A deadly weapon is an object that does or is likely to cause serious injury if used as it is normally intended or any object that is likely to cause serious injury when used as the defendant used it in the particular case. In this case, the plastic fork did not actually cause a serious injury, and there was no evidence that the plastic fork was likely to cause a serious injury if used as the defendant used it or as it was intended to be used. Whether the plastic fork could have caused serious injury if the defendant stabbed the victim in another place on the neck and if it had punctured the victim's skin is not the standard.

Kidnapping is a very serious crime in Florida. Kidnapping can be committed in several different ways, but the most common method of kidnapping may be defined as forcibly imprisoning a person against his/her will with the intent to harm the person or commit a felony. In Florida, kidnapping is a first degree felony punishable by up to 30 years in prison, or even life in prison if the victim is under 13 years of age and is abused or injured during the crime. From movies and television, many people may think that kidnapping requires some prolonged confinement of a person against his/her will. However, kidnapping only requires fairly minimal confinement or imprisonment to complete the crime.

In a recent criminal case near Jacksonville, FL, the defendant became angry with the victim, hit her with a chair, dragged her by her hair into the next room, beat her until she was unconscious and dragged her outside and continued to beat her. The entire incident lasted approximately seven minutes. The defendant was charged with and convicted of kidnapping and attempted second degree murder. The criminal defense lawyer for the defendant tried to have his conviction for kidnapping reversed based on the fact that the movement of the victim was not independently significant to the attempted murder charge and was only slight and incidental to that charge. However, the appellate court disagreed and found that these facts were sufficient to establish a kidnapping conviction.

Kidnapping is a very serious charge with significant penalties in Florida. In order to be convicted of kidnapping, the state does not have to prove the defendant confined the victim for a long period of time. If the confinement or movement of the victim is truly slight and incidental to another crime, the evidence may not be sufficient to support a kidnapping conviction. However, even a few minutes of holding a person down or moving the victim to another area against his/her will can be enough for a kidnapping conviction and a long prison sentence.

To what extent is a police officer's racial comment admissible in a criminal trial? It depends on the circumstances and type of case. However, in any trial, evidence that tends to prove that a witness is biased against one side or the other should be admissible at the trial. If a police officer makes a comment during the arrest that indicates he/she may be biased against the defendant based on his/her race, that comment should be included in the evidence that is evaluated by the jury. The same is true if the comment was made by a lay witness.

In a recent domestic battery case that occurred south of Jacksonville, Florida, the defendant was African-American and the victim was white. The police officer who arrested the defendant for domestic battery made an apparently racist comment explaining why he had to arrest the defendant. The court ultimately ruled that the criminal defense lawyer could bring the comment to the jury's attention because prejudicial comments are relevant to attack the credibility, and show the possible bias, of the police officer.

Domestic battery cases are often based solely on the testimony of the victim. In many domestic violence cases, the only two people present for the incident are the defendant and the alleged victim so there are no independent witnesses to confirm either side's story. As a result, the police officer who responds to the domestic battery call has to decide which party is telling the truth. Even if there is some evidence of an injury on the alleged victim, that does not prove that a domestic battery was committed if the alleged victim started the altercation and the other party was defending him/herself. Because the police officer uses more discretion than normal in most domestic battery arrests, any bias the police officer may have against the defendant should be admissible in the trial.

In Florida, the crime of child abuse is committed when a person intentionally causes physical or mental injury to a child or does something that could reasonably be expected to cause a physical or mental injury to a child. Assuming the child is not seriously injured, child abuse is a serious third degree felony that carries a maximum penalty of three years in prison in Florida. Police and prosecutors take these crimes very seriously, as one might expect when children victims are involved.

However, there is a question as to what exactly constitutes the crime of child abuse in Florida. Some police will make arrests and some prosecutors will file criminal charges for conduct that was considered normal, or even encouraged, not too many years ago. Cases in Florida have attempted to clarify what conduct can be considered criminal abuse of a child. In Florida, an actual injury is required for the conduct to be criminal. This means something more than just causing discomfort to the child. It would seem to require actual objective evidence of any injury such as a sprain, broken bone, burn, puncture of the skin or at least a bruise. If a person causes some harm to a child but none of those objective findings are present, it is likely that the crime of child abuse was not committed, and any charges for child abuse should be thrown out.

The lesser third degree felony child abuse charge also contemplates a crime where a person causes a mental injury to the child. In such a case, the state would likely have to establish some sort of impairment to the child's ability to function mentally that was caused by the act of child abuse and was not previously present.

There is a more serious crime of child abuse where this issue is not a factor. If a person tortures a child or intentionally causes great bodily harm, disability or disfigurement to a child, it is aggravated child abuse. This is a first degree felony which is normally punishable by up to 30 years in prison.

In Florida, when a defendant is charged with a violent crime, such as battery, aggravated assault or murder, the defendant's criminal defense lawyer may present evidence at the trial that the victim had a reputation for violence in the community. Normally, such evidence about a victim's character is not admissible at the trial. However, in some cases, the victim's character may be admissible. One example is in a self defense case. However, there is a condition that must be met before that evidence of the victim's violent reputation is admissible. The defendant must first establish that the victim committed some violent or threatening act around the time of the incident that caused the defendant to act as he did. Once that foundation for a self defense claim is laid, the defendant can then present evidence of the victim's reputation for violence.

Under Florida law, the reason for allowing a criminal defense attorney to present evidence of the victim's reputation for violence in a self defense case is to support the defendant's claim that the victim was the initial aggressor and the defendant was justified in using force in self defense. The evidence of the victim's violent reputation helps prove that the victim acted consistently with his reputation in this case. Therefore, there is no requirement that the defendant prove that he/she actually knew of the victim's violent reputation before that reputation evidence can be admitted into evidence.

However, this last part is different in a self defense case where the criminal defense lawyer is seeking to introduce evidence of specific acts of violence committed by the victim prior to the incident in question. Prior specific acts of violence by the victim may be relevant to show that the defendant was reasonably in fear of the victim in this case and used force against the victim as a result. Because this evidence relates to the defendant's state of mind, i.e. his/her legitimate fear of the victim, the defendant must establish that he/she was aware of the victim's prior acts of violence before they are admitted at the trial.

In a recent attempted second degree murder case near Bartow, Florida (which is about 3 1/2 hours southwest of Jacksonville, Florida), a defendant's attempted second degree murder conviction was reversed because the judge did not properly instruct the jury about the defendant's right to defend himself.

In this case, the defendant, the alleged victim and two other friends were sitting in a park drinking. The defendant and the alleged victim got into some type of altercation, and the defendant ultimately stabbed him with a knife. When questioned by the police and throughout the trial, the defendant (and his criminal defense attorney) claimed that he stabbed the alleged victim because he thought the alleged victim was going to kill him.

In this attempted second degree murder case, the judge instructed the jury that a person cannot use deadly force unless he/she first reasonably tries to avoid the danger from the other person. However, the law has changed, and this is no longer an accurate statement under Florida law. Florida has since eliminated this so-called duty to retreat. Under current Florida law, as long as a person is not doing anything illegal and is in a place he/she has a right to be, he/she does not have to retreat, can stand his/her ground and can use any force reasonably necessary to prevent death, great bodily harm or a forcible felony.

In other words, in the past in Florida, before a person could use deadly force, he/she had to retreat or avoid the situation if reasonably possible. Now, if a person reasonably believes that he/she is about to be the victim of violence and/or a forcible felony, he/she can use reasonable force to prevent that from occurring without first determining if retreat is reasonable. And when a person does use deadly force under those circumstances and is charged with a violent crime, he/she can use the new Florida law as a complete defense to that use of force. Because the judge failed to tell the jury about this new law in this case, the defendant's conviction for attempted second degree murder was thrown out.

A Jacksonville, Florida man was recently arrested for the crime of murder by the Jacksonville Sheriff's Office (JSO) four years after he allegedly beat the victim, according to an article on News4Jax.com. Apparently, the suspect beat his girlfriend four years ago so badly that she was rendered a quadriplegic and forced to live in a nursing home for the past four years. The victim recently died, and the suspect was rearrested on murder charges.

Cases like this when the death occurs so long after the alleged incident are rare, but they do happen and the state is permitted to charge the suspect with murder years after the original incident occurred. This is because there is no statute of limitations for the crime of murder. In Florida, any capital felony, life felony or felony that results in a death may be charged at any time. There is no deadline. Other less serious crimes are subject to the statute of limitations. For instance, in Florida, a first degree felony that does not involve a death must be commended within four years of the incident. Other felonies must be commenced within three years of the incident date, and first degree misdemeanors must be commenced within two years of the commission of the crime.

The other prevailing issue in a case like this is whether the state can prove causation. In other words, in any murder case, the state has to prove that the victim actually died from the actions of the defendant. When there is a long period of time between the incident and the actual death, the criminal defense lawyer can always argue that the death was caused by something other than the defendant's conduct, which is why so much time elapsed in between the incident and the death. In order to prove the murder charge, the state has to prove beyond a reasonable doubt that the victim died as a direct result of the defendant's actions.

When a person is arrested and charged with a crime of violence such as assault, battery aggravated assault, aggravated battery or a murder charge, the criminal defense lawyer for the defendant may attempt to introduce evidence of the alleged victim's prior history of violence. Is this evidence of the alleged victim's prior violence admissible at the trial? Yes, when the defendant is relying on a self defense theory in the case.

In Florida, when the defendant is charged with a violent crime, self defense is a common defense. If it can be established that the victim has a history of violence and the defendant was aware of this violent history, the criminal defense lawyer can bring out that evidence about the alleged victim at the trial for the jury to consider. The idea is that a self defense claim asserts that the defendant had a reason to believe that he/she was in danger based on the violent and/or threatening conduct of the alleged victim. Where the defendant knows that the alleged victim has a history violent conduct, that is relevant to establish that the defendant had reason to believe that the alleged victim was being, or was about to be, similarly violent in this case. Such evidence is relevant to show the state of mind of the defendant and to justify the defendant's reasonable fear of the alleged victim and the defendant's use of violence to defend him/herself from the alleged victim.

A man was caught trying to leave a Target store with stolen merchandise in Flagler County, Florida and ended up being charged with at least one very serious felony crime, according to an article on News4Jax.com. The article indicates that a police officer was called to the store to investigate an alleged shoplifter. When the alleged shoplifter exited the store with merchandise and saw the Flagler County police officer and Target loss prevention officer outside of the store, he ran to a car that was waiting for him. At this point, he was only facing a charge of petit theft, a fairly minor misdemeanor, if the property was valued at less than $300, or grand theft, a third degree felony, if the property was worth between $300 and $20,000. Grand theft at that level is a third degree felony, but one of the less serious felony crimes.

However, this case and the ultimate charges became much more serious when the suspect allegedly slammed the car door on the police officer and broke his arm. At that point, the case went from a fairly minor theft case to a theft and aggravated battery against a law enforcement officer case. In Florida, aggravated battery against a law enforcement officer is a first degree felony which carries a minimum sentence of five years in prison. Therefore, if the suspect had just removed the merchandise from the store without paying and the goods were worth $300 or more, he was looking at a maximum sentence of five years but realistically either probation or a short term of imprisonment. However, by slamming the door on the police officer and breaking his arm, he is now likely looking at a much more significant prison sentence if proven guilty.

Most experts would predict that crime rates would increase as economic times become worse. However, as Florida and the rest of the U.S. are suffering through a lengthy economic downturn, crime rates seems to be dropping across the country. According to FBI statistics, violent crimes such as murder and manslaughter dropped about 10% for the first half of 2009 and property and theft related crimes have dropped 6.1%. Crime rates are as low as they have been since the 1960's, according to the FBI.

The general idea correlating higher crimes rates with tough economic times is that people become more desperate and have more time on their hands due to unemployment when they face difficult financial situations. Some people suggest that the reduced crime rates are due to economic stimulus packages and extended unemployment benefits making it easier for people to endure the recession. If true, however, when these programs and benefits ultimately stop, crime rates may rise to a level more consistent with the difficult economic times.