Jacksonville Criminal Defense Lawyer Blog

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.

An aggravated assault charge is nothing more than a simple assault that has gone too far. But what actually constitutes an aggravated assault is not always clear. For instance, a simple assault would just be a fight between two individuals. However, if someone throws an object, even without intent to hit the other, the Sate could charge the defendant with Aggravated Assault.

Florida Statute § 784.021 has defined aggravated assault as "an assault with a deadly weapon without the intent to kill OR with an intent to commit a felony." Additionally, aggravated assault is a 3rd degree felony punishable by imprisonment not to exceed 5 years and/or a $5000 fine. In contrast, Florida Statute § 784.011 defines assault as "an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well founded fear in such other person that such violence is imminent." A person found guilty of assault is a 2nd degree misdemeanor punishable by 60 days in jail and/or $500 fine.

There is a thin line between simple assault, a misdemeanor, and aggravated assault, a felony. Even so, a Jacksonville Criminal Defense Lawyer will be able to utilize their knowledge and understanding to work with the State prosecutor and try to get your aggravated assault charge reduced to a simple assault or even dismissed.

If you or a loved one have been charged with either a simple assault or aggravated assault, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could be the difference between a misdemeanor and a felony conviction.

A recent autopsy of the FAMU student who died last month following a hazing incident revealed massive internal bleeding to the student's back and shoulders. The student, Robert Champion collapsed on the bus following a football game between FAMU and Bethune-Cookman College. Currently there have not been any charges filed against fellow band members.

According to the report release the student endured repeated heavy blows to his chest, arms, and back. As a result, he suffered massive internal bleeding in his chest, back, and arms. The medical examiner has also concluded the cause of death was a homicide.

Florida law defines Hazing as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. Furthermore, if a death results from a hazing activity the person will be charged with a third-degree felony. Punishments include incarceration not exceeding 5 years and/ or $1000 fine.

Florida "Hazing" laws encompass activities that some might not see as criminal, be it by there participation in such activates in their youth or their jovial nature. Even so, Florida does not take "hazing" lightly. If you have been charged with Hazing or currently have Hazing charges pending, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine the best course of action in moving forward.

Earlier this week Jacksonville Police charged Timothy Byrd, a 50 year old Jacksonville resident, for murder after his father died from injuries sustained during an alleged "play fighting" incident that took place over Halloween weekend.

The victim, Robert Byrd, was an 83 year old Jacksonville resident and father to Timothy Byrd, the suspect in this case. According to Jacksonville Police reports, Timothy was originally arrested for aggravated battery in connection with this incident, but following his father's death on November 17th, he was subsequently charged with murder. The suspect has admitted to striking his father, but claims they were just "play fight[ing]." This case is still in the initial stages and will be interesting to follow as the facts of this incident come to light.

When facing a murder charge, 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 proceeds from an appeal of the Circuit Court in Lee County, where the court denied the motion for acquittal of the Appellant's Aggravated Assault on a Law Enforcement Officer. The 2nd District court sitting En Banc, affirmed the decision and writes to clarify the law previously relied upon in State v. Shorette, 404 So.2d 816 (Fla. 2d DCA, 1981).

The facts are simple; the appellant was the driver of a vehicle that was subject to a BOLO by the police. As the officer's approached the vehicle the passenger was order on the ground at gunpoint. One of the Officers was located approximately 5 to 10 feet behind the vehicle. At this point the reverse light of the vehicle came on and the driver quickly proceeded to reverse in the direction of the Officer. The Officer had to quickly maneuver out of the way to avoid being hit. This action put the Officer in apprehension of his safety.

The appellant's argument is based upon his lack of intent to cause harm to the victim. He relies on State v. Shorette as grounds for his motion for acquittal. In Shorette, the court ruled the state had to prove that the defendant had the specific intent to do violence to the victims. 404 So.2d at 817. However, this Court has ruled that is a misstatement of the law. Assault is defined in Florida Statutes 784.011 (1) as "an intentional, unlawful threat by... act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."

This Court ruled that the state must prove that the defendant's act was substantially certain to put the victim in fear of imminent of violence. Not that the defendant had the intent to do the violence upon the victim, as stated in Shorette and relied upon by the appellant. Therefore, in this case, the Court was correct in denying the motion because that state established the officer was in fear of immediate bodily harm by the vehicle speeding towards him. Therefore, the elements of Assault have been satisfied and the issue can go before the jury.

If you have pending criminal charges against you, it is in your best interest to consult a Jacksonville Criminal Defense Lawyer. They will be able to evaluate your case and determine the best avenue in which to proceed.

Eric Francis Sandefur pled guilty to attempted first-degree murder. He was accused of stabbing a transient man, Jason James Jerome, in Jacksonville on December 4, 2010. He entered a guilty plea which exposes him to 40 years in Florida State Prison. Due to the recent Supreme Court ruling in Graham v. Florida, Sandefur cannot be sentenced to life in prison. Duval County Judge, Virginia Norton, will listen to mitigating evidence presented by Sandefur's Jacksonville Criminal Lawyer and aggravating evidence submitted by the Duval County Assistant State Attorney. Thereafter, she will render a decision and sentence this Jacksonville teenager. Therefore, it is important for Sandefur and his Jacksonville Criminal Lawyer to prepare well for this sentencing hearing.

For more information, read Defendant Pleads Not Guilty in Jacksonville Stabbing Case.

Dos Gatos is a cocktail lounge in downtown Jacksonville, Florida. It is popular for its signature drinks and mellow atmosphere. In the early morning hours of March 1, 2011, the Jacksonville bar ended up with more action than usual. According to local media reports (Florida Times Union and First Coast News of Jacksonville), a fight broke out in the bar that resulted in a shooting in the the street. A woman was taken into custody in reference to this Jacksonville shooting. As of today's date, charges have not been filed. Depending on the circumstances, if this woman is the shooter, she could be charged with aggravated assault or battery, attempted murder, or a homicide crime. The criminal charges will depend on the facts of the case.

In St. Augustine, Florida, Barry Gibby and Kelly Brooks were arrested in connection with theft of case of beer on Veteran's Day.  The arrest was not easy for police.  When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase.  During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch.  After this, Mr. Gibby tried to run from police.  Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.