Jacksonville Criminal Defense Lawyer Blog

On Tuesday night a pizza delivery woman was allegedly robbed at gunpoint. According to reports, the woman completed a pizza delivery around 8 PM when, on her way to her vehicle, an armed man approached from behind and demanded all her money. The woman proceeded to throw approximately $180 on the ground. As the suspect retrieved the money from the ground, the woman ran back to the apartment and called the police. The identity of the alleged suspect is unknown because he was wearing a ski mask during the alleged incident.

If these facts prove to be true, the Jacksonville suspect could be facing charges of Armed Robbery. In an earlier Jacksonville Criminal Defense Lawyer Blog, I described the nuisances of Robbery and the penalties that could result from being convicted. In this case, the charges of Armed Robbery would constitute a first-degree felony, because a deadly weapon was used during the course of the robbery. The penalty for a conviction of a Jacksonville Armed Robbery could result in 30 years or life imprisonment and/or up to a $10,000 fine.

Armed Robbery is a serious criminal offense and should not be taken lightly. Also, taking on the Criminal Justice system alone is not always advantageous to a Jacksonville Criminal Defendant. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

Currently, Jacksonville Sheriff's Office is on the hunt for a Jacksonville man wanted for the alleged arm robbery of a cell phone store last Friday. According to the Police reports, the man entered a Metro PCS store located on Soutel Dr. and demanded the money from the register while brandishing a weapon to the employee. No one was hurt during the incident, but the suspect did get away with an undisclosed amount of money. This incident leaves the question what is Armed Robbery and what are the penalties?

Robbery is defined within Florida Statute § 812.13; it reads, "'Robbery' means the taking of money or other property which may be the subject of larceny from the person or custody or another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of taking there is a use of force, violence, assault, or putting in fear." Basically, if the property stole was taken in your presence and you were fearful of injury or death from an armed suspect, then an Armed Robbery has been committed.

There are two types of robbery; with or without a weapon. Robbery without a weapon is a second-degree felony, which could have a potential sentence of up to 15 years and/or a $10,000 in fines. In contrast, an Armed Robbery is a first-degree felony, having a penalty of up to 30 years or life imprisonment (as provided for in the Statute) and/or $10,000 in fines. These are harsh penalties and a Jacksonville robbery charge should not be taken lightly.

An Armed Robbery charge could negatively impact the rest of your live. A Jacksonville Criminal Defense Lawyer knows the law and possible defenses to these types of allegations and can work with you for the best possible outcome. The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. With that being said, if you or a loved one are facing a Jacksonville Armed Robbery charge or any type of Jacksonville Criminal Charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights are being protected.

As all Jacksonville residents know, the economy has been down in this nation for over a year. Jobs have been lost, homes have gone under, and crime is at an all time high. It is a statistical fact that during a time of economic recession incidents of criminal activity and alcohol abuse are at an all time high. Sometimes, these rough times lead people to make poor decision and to act in ways, if time were good, they would not normally act. Two crimes of particular intrigue are Burglary and Robbery. These two criminal activities are commonly misunderstood and used interchangeably. However, they are two distinct crimes with very different penalties.

Florida defines Burglary as "entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter." Florida Statute § 810.02. Basically, if a person enters the home, car, business, etc. of another with the intent to commit an offense (i.e. steal) then they could be found guilty of Burglary.

In contrast Florida defines Robbery as "the taking or money or other property which may be the subject of larceny from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear." Florida Statute § 812.13. Basically, Robbery requires the forceful taking of property or money from the body of the person (i.e. pick-pocket).

In addition to the differences between the crimes themselves, their penalties vary substantially as well. Robbery suspects normally face steeper penalties because of public policy and the intimacy of the crime committed. Normally a charge of Robbery will be either a first or second-degree felony. This could mean up to life in prison for a single conviction! In contrast, Burglary is normally a second or third-degree felony. Burglary still holds a potential for 5-15 years imprisonment, but much less compared to a Robbery charge.

If you or a loved one have been charged with either Robbery or Burglary, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could make all the difference.

A Miami-Dade resident and Cuba native was recently shot and killed after an attempted armed robbery on his way to work. The victim, Hector Vichot, 53, was on his way to work when approached by two men. The men demanded his money and when Hector turned to run away he was shot in the back. He was taken to a local Florida Hospital for treatment, but later succumbed to his injuries.

The incident occurred on December 16, just weeks before the Christmas. Hector's Brother, Pedro, is distraught over the whole incident. He stated, although Victor is not married, he was close with his two children in Miami and one child in Cuba.

This was a tragic incident that resulted in the death of an innocent man. All for what; $1.25! Yes, that was all Victor had at the time of the attempted robbery. The suspects, who remain at large, will likely face attempted armed robbery charges, aggravated battery and assault, and murder. Penalties resulting from these criminal charges are normally severe and carry substantial jail time.

When facing multiple Criminal charges, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

This case is an appeal from the 15th Circuit in Palm Beach County, where the appellant appeals his conviction, jury instructions, and Court's refusal to consider youthful offender sentencing. The 4th DCA affirmed the conviction and jury instruction, but remanded the sentencing decision to another judge for review of youthful offender status.

The case arose from an armed robbery at a gas station in Palm Beach County. The suspects brandished a weapon during the robbery and while exiting the building fired one shot towards the clerk. The suspects fled the scene. Later the police approached a vehicle for broken taillight. The appellant was found in the backseat with clothing, a gun, and money that matched the type used in the robbery. The appellant made conflicting statements to the police about his participation in the robbery, his statements went from not there to just driving the vehicle. He was found guilty for armed robbery and sentenced to ten (10) years in jail.

The appellant, Harry Salter, appeals the denial of his motion for acquittal and the jury instruction for not making special remarks into the validity of circumstantial evidence. The 4th DCA reviews motions for acquittal De Novo. The appellant argues the evidence was insufficient to prove his guilt and therefore uphold his conviction. However, the court reasoned there was enough direct and circumstantial evidence upon which the jury could draw the conclusion of guilt. Furthermore, the court has the discretion as to give jury instructions regarding circumstantial evidence and the appellant has failed to demonstrate the court's abuse of its discretion.

Finally the appellant appeals the court's denial to sentence him as a youthful offender. The 4th DCA rules that the court has the discretion whether or not to sentence a suspect as a youthful offender. But, in this case the court refused to consider this implication because the appellant chose a jury trial instead of pleading guilty and take a plea bargain. This is a violation of the appellant's Constitutional rights and the 4th DCA remands the matter for resentencing before a new judge to consider whether a youthful offender sentence is proper.

If you are subject to a criminal investigation or have pending criminal charges, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to determine what is the best course of action in moving forward.

Yesterday, two robbery suspects were arrested in connection with the armed robbery of a store in Jacksonville, Florida. Edward Littleon, age 22, and Frederick Jennings, age 17, are being held in Duval County, Florida. News4jax.com has reported that the Jacksonville Criminal Defendants are accused of stealing "money from the Family Dollar cash office and [making] the employees lie on the floor." An off-duty officer, G.W. Germann, confronted the two suspected robbers. Jacksonville police have reported that "Germann shot [Littleton] in the shoulder, because he was carrying an AK-47 assault rifle," and "Jennings was armed with a loaded revolver."

Although the Jacksonville Juvenile Robbery Defendant, Jennings, is only 17 years-old, he will likely be charged as an adult, due to the severity of the crime, and his co-defendant will be charged in adult criminal court. Since they both were armed with firearms, they are facing the Florida 10-20-Life Statute. Therefore, they are facing a mandatory minimum sentence of 10 years in the Florida State Prison. However, a Youthful Offender Sentence may be available, depending on the circumstances.

Last month, a Jax Beach man was shoot and killed in Jacksonville Beach, Florida. Three men have been arrested for this Jacksonville Beach shooting. Jacksonville police suspect that the shooter was William Brown, age 18. Local media (News4Jax) has reported that

"investigators also arrested two other suspects locally in Neptune Beach. They were identified as 27-year-old Adam Holleran, who's charged with armed robbery, and 27-year-old Matthew Webber, who's charged with armed robbery and accessory after the fact."

According to the media reports, it appears that Brown gave information to police that resulted in his arrest. The information that he provided about this Jacksonville robbery and shooting likely led to the result of the other two suspect. Therefore, each of these Jacksonville Criminal Defendants will have a conflict of interest and need separate Jacksonville Criminal Lawyers.

Yesterday, a man robbed a Walgreen's Pharmacy in St. Augustine, Florida. According to the Florida Times Union, he walked in to the store's pharmacy and handed the pharmacist a note demanding medications, threatening him if he didn't comply. He lifted his shirt to show a handgun tucked in his belt, so the pharmacist complied with the demand, and the man left.

When people think of an Armed Robbery in St. Augustine, Florida, a man with a ski mask, pointing a gun in a gas station often comes to mind. This "traditional" armed robbery is not always the case. As in the St. Augustine Walgreen's robbery, an armed robbery can be less aggressive. However, the penalties are just as heavy. Merely carrying a firearm during the commission of a robbery subjects the robber to Florida's 10-20-Life Statute.

Only days before the landmark decision in the Jacksonville Juvenile case of Graham v. Florida, Jacksonville judge, Elizabeth Senterfitt, sentenced juvenile Daryl Thomas to life in prison without the possibility of parole for armed robbery, a non-homicide felony. In Graham, the United States Supreme Court ruled that juveniles charged with non-homicide felonies cannot be sentence to life without parole. Therefore, Thomas' case was sent back to Judge Senterfitt to resentence him in compliance with the ruling in Graham. She sentenced him to fifty years in Florida State Prison. The Jacksonville Juvenile Criminal Case will be appealed (Jacksonville.com).

When Jacksonville juvenile criminal defendant, Jamar Graham, was 16 years old, he was charged with armed burglary. He was sentenced to life without the possibility of parole in this 2004 case. Today, the United States Supreme Court (USSC) held that he will be re-sentenced after spending seven years behind bars. The USSC ruled that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole. However, this rule does not extend to juveniles convicted of homicide. Chief Justice Roberts concurred with the majority opinion in Graham's case, but stated that the ruling should not extend to all juveniles in all non-homicide cases. This opinion will effect other Jacksonville Juveniles that have been sentenced to life-without-parole in non-homicide cases.

If a Florida Juvenile criminal defendant has been sentenced to life without the possibility of parole in a non-homicide case, it is imperative that he or she pursue another sentencing heairng in accordance with Graham v. Florida. To do so, contact a Florida Juvenile Lawyer.

To learn more about Graham's case, visit The Florida Times-Union.

On Saturday night, December 19, 2009, Jacksonville police officers found Jacksonville resident, Corey Formey, dead in his home near 103rd Street. Two suspects have been arrested in connection with this case. Jerry Drake was arrested for the murder, while Valorie Grant is being charged as an accessory after the fact. Both defendants lived in Chase Ridge Apartments, the same apartment complex as Mr. Formey.

Police believe that the Mr. Drake committed the Jacksonville home invasion armed robbery in order to obtain drugs and money. According to Jacksonville media reports, Mr. Formey was a drug dealer. His apartment was found in disarray, so it is likely that a struggle may have occurred, or the culprit searched the home for drugs and money.

Mr. Drake will be charged with first degree murder in Jacksonville, Florida, because the murder was committed while engaged in a robbery. According to Florida Statute Section 782.04, this is a capital felony punishable by death or life in prison. If Mr. Drake used of a firearm, he will be subject to Florida's 10-20-Life Statute, resulting in a minimum mandatory sentence of life in prison. Since Ms. Grant is charged an accessory after the fact for first-degree murder, she will be charged with a first-degree felony, pursuant to Florida Statute Section 777.03. She can receive up to thirty years in Florida State Prison.