Recently in Child Neglect Category

May 10, 2012

Jacksonville Criminal Defense Lawyer: Duval County Teacher Charged with Child Abuse

Jacksonville Criminal Defense LawyerRecently a Duval County Teacher was arrested on charges of Child Abuse. The alleged incident took place on April 2, 2012. According to the report, Kristopher Hunter, the teacher, kicked the student in the back and also slammed the boy against the wall. The boy had to seek medical treatment for the injuries he sustained during the incident. The student's name has not been released due to his age. However, it was revealed that the incident occurred between a teacher and a student of Arlington Middle School.

The act of child abuse is defined under Florida Statute § 827.03. Under that Statute child abuse is defined as "intentional infliction of physical or mental injury upon a child; an intentional act that could reasonably be expected to result in physical or mental injury to a child." As a Jacksonville Criminal Defense Lawyer I have received numerous calls regarding child abuse. What some may not know is child abuse is considered a 3rd degree felony, punishable by up to 5 years in prison and/or $5,000 in fines.

Applying the law to the facts above, it could be established Mr. Hunter was guilty of Child abuse. Mr. Hunter committed an intentional act, kicking and slamming the child, which could reasonably be expected to result in injury, the child was taken to the hospital for medical treatment. Therefore, if the State can prove their case "beyond a reasonable doubt" he could be convicted.

However, a Jacksonville Criminal Defendant can fight these charges and try to mitigate the offense. In such a case the earlier the Defendant gets a Jacksonville Criminal Defense Lawyer involved the more time the attorney will have to convince the State of not proceeding forward or lowering the charges. Therefore, if you have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your case.

April 9, 2012

Jacksonville Beach Criminal Defense Attorney: "Caylee's Law" Signed into Law

Jacksonville Beach Criminal Defense LawyerJacksonville residents and people across this nation can remember the heartbreaking Casey Anthony case and the devastating death of little Caylee Anthony. Although Casey Anthony was acquitted of the Murder charges, a new Bill was formed to prevent such actions from reoccurring. Governor Rick Scott signed "Caylee's law" into law on Friday.

This law was designed and now implemented to increase the penalties when a parent or guardian lies to the police after a child has gone missing. According to this new law, it is now a third degree felony (punishable by up to 5 years in prison) to give false information to police when the purpose of the investigation is the recovery of a missing child. This is a great contrast to the previous penalty of a third degree misdemeanor (punishable by up to 1 year in jail) for lying to the police.

Just for comparison, if this law would have been in effect at the time of the Casey Anthony Trial, she could have faced up to 20 years in prison, not the 4 years that she was sentenced to and released from last summer.

As a Jacksonville Beach Criminal Defense Attorney, I followed both the Casey Anthony Trial and the current "Caylee's Law" as it passed through legislation. Being up-to-date with current laws allows me to represent my clients with a zealous and well-informed attitude. I am able to provide educated and current defenses. Therefore, if you find yourself facing a Jacksonville Beach Criminal Offense, contact a Jacksonville Beach Criminal Defense Attorney today.

January 16, 2012

Jacksonville Child Shot in Gun Accident

Jacksonville Criminal Defense LawyerA Report just released stated a 3-year-old Jacksonville boy was shot in the shoulder when a gun he was handling went off. According to the Police report the bullet struck the floor then ricocheted off, striking the young child in the shoulder. The boy was taken to a local Jacksonville Hospital for treatment.

This is a breaking news story and the details are not fully disclosed at this time. But, as a Jacksonville Criminal Defense Lawyer, I do have several points that should be taken under consideration. First, why was a child handling a weapon? Better yet, why was a child handling a LOADED weapon? Second, where were the parents during this incident? Did they approve of his handling or were they neglecting the child and left him to his own devices? All these questions and more will have to be determined for the police to proceed into their investigation.

This type of accident is both tragic and heartbreaking. The 3-year-old will have lasting scars and the horrific memory of being shot; a pain that no one should ever feel. Additionally, depending upon the circumstances, the parents could be facing criminal charges as well. This case is still in the initial stages and only as the facts present themselves, will we be able to predict how this investigation will end.

If Criminal Charges are brought against the parents or other culpable parties, the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove invaluable. It is important to contact a Jacksonville Criminal Defense Lawyer if you have been charged with a Jacksonville Criminal Offense, they can evaluate your case and make the proper determination as to moving forward so as to protect you and your rights.

August 1, 2011

Jacksonville Driving Under the Influence Can be a Felony Charge

In Jacksonville, the crime of driving under the influence (DUI) of alcohol or a controlled substance is usually a misdemeanor. It can be a felony under certain circumstances. A Jacksonville DUI is a felony if it involves death or serious bodily injury. Under these circumstances, a Jacksonville DUI criminal defendant will be facing a minimum prison sentence under the Florida Guidelines. A person arrested for DUI in Jacksonville can be charged with Felony Driving Under the Influence if he or she has 3 or more convictions for DUI.

As a Jacksonville DUI Lawyer, I have represented clients arrested for misdemeanor DUI and felony DUI and have tried several Jacksonville DUI cases. However, I have never seen a felony DUI case like this one. Billie Joe Madden avoided a DUI arrest by having someone else drive his vehicle. Still, he was arrested on felony charges. Instead of being arrested for DUI, he "was arrested and charged with two counts of child desertion, parent allowing a minor to drive, open container and two counts of no child restraint and no seat belt" (News4jax.com). Police officers "said Madden told them he was intoxicated, and fell asleep while his son drove" and his 4-year-old daughter sat in the back seat.