Jacksonville Criminal Defense Lawyer Blog

As a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding a person's past Florida Criminal History and their desire to have it sealed or expunged. However, I am not always able to assist due to the statutory confines of the Florida Statutes. Therefore, in order to clarify some immediate questions, the offenses listed below cannot be Sealed or Expunged.

Florida Statutes § 943.0585 and § 943.059 list several criteria that must be satisfied before allowing a Florida Criminal record to be Sealed or Expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

1. Aggravated Assault
2. Aggravated Battery
3. Arson
4. Assault
5. Murder
6. Kidnapping
7. Sex Crimes on a child under 16
8. Burglary
9. Robbery Illegal use of Explosives
10. Child Abuse of any kind
11. Abuse of the Elderly
12. Carjacking
13. Stalking
14. Domestic Battery
15. Manslaughter
16. Rape
17. Any Attempt at the above crimes

Unfortunately, the Criminal Offenses listed above cannot be sealed or expunged. Furthermore, in order for the Court to consider whether to seal or expunge one's record, one must first apply for a Certificate of Eligibility. This criterion requires the submission of paperwork and records to the FDLE for either approval or denial.

The process of obtaining a Florida Record Seal or Expunction can become time consuming, complex, and burdensome. Therefore, the advise and assistance from a Jacksonville Criminal Defense Lawyer can make all the difference. I will discuss with you the process, answer any questions that may arise, and take care of the paperwork and legwork required to obtain a Florida Record Seal or Expunction for you. So, don't delay call me today!!

13-year-old Cristian Fernandez's Sexual Battery case has been set for trial on June 25, 2012. This sexual battery case has overtaken Fernandez's murder trial of his younger half brother.

Circuit Court Judge Mallory Cooper set the trial date after the defense team refused to waive speedy trial. Therefore, the State is required to bring a Felony Defendant to trial within 175 days unless a waiver is granted. The goal of the Private Defense Team is unknown with this maneuver through the court system. However, as June 25th approaches, Jacksonville should see some interesting details emerge as the case proceeds forward.

As a Jacksonville Criminal Defense Lawyer I follow Jacksonville Criminal cases closely to cure my curiosity. This case, in particular, challenges myself in how such a young man, 13, could be charged with such heinous crimes. It also makes me believe there might be some underlying issue that would negate these offenses and all the Jacksonville Criminal Defendant to either plea to a lesser offense or lessen the sentence.

Fernandez, no matter what approach his legal team takes, will be looking at some harsh penalties and long prison sentences. Luckily, he has a Private Defense Team working for him and protecting his rights. That is why if you have been charged with a criminal offense in Jacksonville, Duval, Clay, St. Johns, or Nassau County contacting a Jacksonville Criminal Defense Lawyer could prove to be invaluable in your case. So do not delay, time is of the essence when dealing with the Criminal Law System.

Jacksonville is a city with a large population and an even larger demographic area. Unfortunately, with our grand size come more crimes comparably to other areas. Crimes occur of a multitude of reasons, including but not limited to a down economy, homelessness, social unrest, and the like. However, violent crimes are not always the same and sometimes, the police can get the facts wrong leading to an improper arrest.

A recent altercation occurred in Jacksonville off of Kings Road on Tuesday night. There at the local Popeye's Chicken, Jacksonville Sheriff's Office responded to a shooting. Upon arrival the officers located two individuals with non-life threatening gunshot wounds. After further investigation, the officers revealed the two had been shot at another location and drove to Popeye's following the shooting. The Police are not revealing any information relating to the location of the shooting and the circumstances surrounding the shooting.

As a Jacksonville Criminal Defense Lawyer this type of case bring about a series of questions that need to be answered. First, how reliable are "victims" when they are shot and instead of heading to a hospital or calling the police they head to a local chicken joint? Second, how did these individuals get shot? Third, where did the initial incident occur? Are they giving the police correct and truthful information? Finally, were drugs or alcohol involved? These are just some initial questions that will need to be answered before a Jacksonville Criminal Defendant can arrested. Even then, was the Jacksonville Criminal Defendant acting in self defense, was the shooting justified, and/or did the individuals inflict the gunshot wounds personally with some alternative motive?

This incident has a lot of unanswered questions that will have to be answered before this case can be resolved. Additionally, if a Jacksonville Criminal Defendant goes into this case alone, the police, prosecutors, and judges may push for harsher sentences than if the Jacksonville Criminal Defendant was represented by a Jacksonville Criminal Defense Lawyer. As a Jacksonville Criminal Defense Lawyer I can review your case, ask the tough questions, and make the proper determinations as to the best approach in moving forward. Therefore, if you or a loved one is facing a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case today.

Recently, Anthony M. Migliaccio of St. Augustine, Florida was arrested after he hit his mother twice with a vehicle, crashed into a fence, and then fled the scene to avoid the police. He was later arrested hiding in the woods near Century Boulevard in St. Augustine. Anthony, 23, has been charged with aggravated battery with a deadly weapon, hit and run, criminal mischief and resisting arrest without violence. All the charges pending against Anthony are Felonies, besides the resisting arrest, which is a misdemeanor.

According to the reports, Anthony's mother attempted to stop him from driving because his license was suspended. He then proceeded to hit his mother with the car as she approached and hit her again as she lay on the ground. He attempted to flee in the vehicle but crashed into a fence, where the vehicle got stuck. Anthony fled the scene on foot until later apprehended by police. His mother only suffered minor injures from the incident.

Currently, Anthony remains in St. Johns County jail on a $62,000 bond. When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer 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.

Last week a South Florida 24-year old was arrested following a Domestic Violence altercation when he allegedly threw feces at his girlfriend. The boyfriend is also charged with beating his girlfriend with a bed board and his fists. At the scene the girlfriend refused medical attention although she had an abrasion on her chest. The boyfriend also suffered an abrasion to his left arm. Currently he is being held on a $26,000 bond for battery, aggravated battery, and criminal mischief.

In previous blogs I have written about battery (F.S.A. § 784.03) and aggravated battery (F.S.A § 784.045). Simple battery is a first-degree misdemeanor, whereas, aggravated battery is a third-degree felony punishable by up to 15 years in prison. These are serious charges pending against this young man.

This case is just in the initial stages and there is still a lot that has to be determined before he can be convicted of the charges against him. For instance, the police only arrested the man, but he also suffered injuries. Could those be self-defense injuries? Did the woman actually start the altercation and he was just protecting himself? These and more will be fleshed out as the case progresses.

As a Jacksonville Criminal Defense Lawyer these are just some of the tactics I use to assist my clients with pending Jacksonville Criminal Charges. The advice and assist of a Jacksonville Criminal Law Attorney is always recommended when facing multiple Criminal Charges. So, if you have one or multiple Jacksonville Criminal Charges pending, contact a Jacksonville Criminal Defense Lawyer to discuss your case and make a determination as to the best approach in moving forward.

Two men were arrested in St. Augustine, Florida in connection with Aggravated Battery and Resisting an Officer without Violence charges. According to Jacksonville News (Firstcoastnews.com), Robert Tony Hicks went to a transient camp near State Road 207 in St. Johns County, near St. Augustine, Florida. He was confronting an unidentified man over a woman that stayed at the camp. Hicks was accompanied by another man, Peter Joseph Grattan. A fight ensued between the men. That is when Hicks stabbed the unidentified St. Johns County man. The man had non-life-threatening injuries, but he was still taken to a local Florida Hospital for treatment.

St. Johns County police officers tracked Hicks and Grattan to a home in St. Augustine, Florida. During the arrest,

"Hicks reportedly struck a K-9 officer in the head as he was being taken into custody, but was subsequently secured with no further incident... Hicks is charged with aggravated battery, resisting an officer without violence and striking a police service animal. His bond is $53,000. Grattan is charged with principal to aggravated battery and resisting an officer without violence. He is being held on $26,500 bond."

Both men are in jail at the St. Johns County Detention Center. They will be facing charges for Florida Aggravated Battery and Resisting an Officer without Violence, among other possible Florida criminal charges. The St. Augustine Assistant State Attorney will review the file and make a charging decision. Then, the criminal defendants will appear in court for their arraignment, which is when the criminal defendants receive the formal charging document and enter a plea of guilty or not guilty. Usually, a Florida criminal defendant will enter a plea of not guilty in order to investigate the case further. It is unusual for a criminal defendant to enter a guilty plea at arraignment, unless a plea deal has been reached before that date.

For questions about arraignment, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure your rights will be protected during your Arraignment and throughout your entire Jacksonville Criminal Case.

Recently, a Florida resident was arrested after brutally beating his girlfriend with a baseball bat. The man, 39 year old James Brannigan Jr. was arrested for aggravated battery with a weapon, violating pre-trial release, and violating a no-contact restraining order. The victim, his girlfriend suffered a possible broken nose, fractured hand, and numerous bruises on her legs.

Aggravated Battery is defined under Florida Statute § 784.045. It is defined as battery in which causes the victim great bodily harm, permanent disfigurement, or permanently disables the victim. Aggravated Battery is considered a second-degree felony and can carry a punishment of the following: term of imprisonment not exceeding 15 years and/or a fine not exceeding $10,000.

Additionally, Domestic Violence is a growing problem in Jacksonville and elsewhere. Remember that if you or anyone you love is ever in the unfortunate situation of dealing with domestic abuse, referring that individual to Hubbard House could be a life or death move. 10 people on average per year in Jacksonville are killed as a result of unreported domestic abuse, far too many in the eyes of the Hubbard House. In an abusive relationship, also be sure to seek the help of a Florida Divorce Lawyer who can help assert your rights as a battered spouse.

Furthermore, Battery can also have civil penalties as well. Under Florida Civil Law the injured victim could bring an action for personal injury resulting from the battery. A Jacksonville Personal Injury Lawyer can review your case and determine proper compensation for your injuries.

When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer 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.

As a Jacksonville Criminal Defense Lawyer I have seen many defendants charged with Battery, but that do completely understand what actually constitutes Battery and the difference between Battery and Assault. My hopes are this Jacksonville Criminal Defense Lawyer Blog will clarify the misconception of Battery.

Simple Battery is defined within Florida Statute § 784.03, which states

But, what does that mean for a Jacksonville Criminal Defendant. It means if you strike, punch, kick, grab, or throw something at another individual you could be charged with Battery. Furthermore, an injury does not have to occur to be charged; all Battery is, is the un-consensual touching of another. This is a very low standard and can hold serious penalties if convicted. A person charged with Simple Battery is a first-degree misdemeanor and could face up to 1 year in jail, up to 1 year probation, and/or up to $1,000.00 fine.

There are defenses to Battery that a Jacksonville Criminal Defense Lawyer can utilize in your case to attempt to reduce or dismiss the charges against you. There are two formal defenses to Battery, self-defense and consent. Self-defense is the justified use of force to prevent injury or serious bodily harm that is imminent. For instance, if someone is about to attack you without provocation, you have a right to defend yourself. Consent, negates an element of Battery. Since Battery is the un-consensual touching, if you have consent there cannot be Battery. This occurs with most athletic events.

Florida law allows for distinctions between Simple Battery, Aggravated Battery, and Felony Battery. Mostly the difference lies in the amount of harm that is inflicted upon the victim. For instance, felony battery requires great bodily harm, permanent disfigurement, or permanent disability. In contrast, Simple Battery only requires an un-consensual toughing. Also, as the injuries escalate so do the penalties that could be imposed.

Battery has both Criminal and Civil implications. This means you could face criminal charges and in addition have a civil judgment filed against you. It is in your best interest to contact a Jacksonville Criminal Defense Lawyer or a Jacksonville Personal Injury Lawyer if you or a loved one have been charged or have charges pending against you for Battery. They will be able to evaluate your case and determine the best course of action in moving forward.

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.

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.

In Jacksonville, Florida, a simple battery is a misdemeanor charge. It is governed by Florida Statute Section 784.03. A "battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person." If a criminal defendant has one prior conviction for battery commits any second or subsequent battery, this is a felony of the third degree. It is important to note that it does not matter if the Jacksonville battery defendant entered a plea of guilty no nolo contendere (no contest) to the initial battery charge. It makes no difference if adjudication of guilt was withheld or not. The prior battery charge may still be used to aggravate the Jacksonville battery charge and turn a misdemeanor into a felony.

If you have been arrested for a Jacksonville Battery Crime, contact a Jacksonville Criminal Defense Lawyer to discuss your case, determine possible defenses and justifications, and to make sure your rights are being protected.

Today, Keisha Cabell was arrested for Aggravated Battery in Jacksonville, Florida. Police were dispatched to an altercation at Volunters of America Group Home in downtown Jacksonville. Cabell engaged in an argument with William Benner. According to local media and police reports, she argued with Benner and punched him twice. Thereafter, she retrieved a knife and began stabbing him. She is also accused of stabbing Yulanda Lester after Lester tried to take the knife away.

When Cabell initially punched Benner, she committed a simple battery, which is a first-degree misdemeanor. When Cabell used the knife, she committed Jacksonville aggravated battery with a deadly weapon. This is a second-degree felony. Even if Cabell did not use a knife, she could have been charged with felony battery, regardless. It appears that she has prior arrests and at least one conviction for battery. This can result in the Duval County State Attorney Office filing a charge of battery with one or more prior convictions pursuant to Florida Statute Section 784.03(2). This will upgrade a simple battery to a felony Battery in Jacksonville, Florida (See Jacksonville Felony Battery and Misdemeanor Battery Charges).

On July 15, 2010, Nicholas Highsmith, a Clay County resident, was arrested for the battery, rape, robbery, and attempted murder of a woman in Jacksonville Beach, Florida. He was tried this week on all four charges. The jury returned a not guilty verdict as to the rape and attempted murder charges. However, he was found guilty of theft and aggravated battery. While Mr. Highsmith still may be sentenced to Florida State Prison, the outcome of his case should still be considered a victory. If Mr. Highsmith would have been convicted of all the Jacksonville felony charges, he could have been sentenced to Life in prison. He still needs to prepare for a sentencing hearing in order to mitigate his sentence in this Jacksonville Criminal 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.

Today, a 17-year-old boy, Eric Francis Sandefur, was charged with the stabbing death of a homeless man, Jason Jerome, in Jacksonville, Florida. His Jacksonville Criminal Defense Lawyer and Public Defender entered a plea of not guilty on his behalf. His Jacksonville Criminal Defense Lawyer may have pled not guilty for several reasons. The defendant may have requested that she do so, order for him to obtain a private Jacksonville Criminal Defense Lawyer. Otherwise, his Public Defender likely needs more time to conduct an investigation. 

Jacksonville media reports that police have obtained a video that "shows a figure in what appears to be a jacket and tie holding a knife while Jerome backs away, his shoulders covered by a blanket... Sandefur, who was arrested two days later, made statements to investigators that he wanted to know what it felt like to kill someone." Undoubtedly, his attorney will want to investigated his statement and review the video carefully.

If you are facing criminal charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Criminal Defense Lawyer to review your case, make the proper determinations, and make sure your rights are being protected.