Jacksonville Criminal Defense Lawyer Blog

Yesterday an 82-year-old Daytona man shot and killed a potential burglar as he attempted to break into the backdoor. The incident occurred around 6 AM Thursday morning at his home located on Woodland Avenue in Daytona Beach, Florida. According to the Police report, the elderly man awoke to the sounds of a burglar breaking into the backdoor of his home. The homeowner retrieved his .45 caliber pistol and shot one round through the door, striking the burglar in the abdomen. The suspect later died at the scene and there are no charges pending against the homeowner. However, what is burglary and when is Self-Defense Justified?

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; a felony. If convicted a Jacksonville Criminal Defendant could face between 5-15 years in prison!

Furthermore, Florida law permits the use of deadly force to protect one's home against invasion and imminent threat of serious bodily injury or death or the commission of a forcible felony. This theory is known as the "castle doctrine." Here, the suspect was attempting to enter the victim's home and intended to commit a forcible felony (i.e Burglary). Therefore, the homeowner could be justified in using deadly force against the suspect.

The use of deadly for should only be used when the situation justifies such use of force. The decision to use a weapon upon another for self-defense is a decision that must be made in an instant when your or your family's lives are at stake. After having to rely on self-defense, the situation does not always end there. There will be an investigation and a determination if the self-defense was justified. This can be a trying time and not always advantageous to an unrepresented Jacksonville resident. That is why its important to contact a Jacksonville Criminal Defense Lawyer to discuss your situation and to make sure your rights are being protected throughout the whole process and investigation.

This question stems from the recent Jacksonville Criminal Law case where Tyler Woody Willis, 18, has been arrested and charged with the attempted manslaughter, using a firearm under the influence of drugs, and use or possession with intent to use drug paraphernalia. These charges come from an incident between Willis and his friend, the victim, William Brandon Hodge, 17. However, my question is "what is using a firearm while under the influence of a controlled substance?"

Using a firearm while under the influence of a controlled substance is defined by Florida Statute § 790.151. The Statute states the offense is a second-degree misdemeanor punishable by up to 60 days in jail and a fine not to exceed $500. Furthermore, this offense is defined as "discharging a firearm or to have a firearm readily accessible for immediate discharge, [the gun being] loaded and in a person's hand, and for [such] person [to be] under the influence or alcoholic beverages or any controlled substance."

But what does all this mean for a Jacksonville Criminal Defendant? First, if you are drinking, using drugs, or under the influence of a controlled substance and a firearm is near; you could be charged with this offense. Second, although just a second-degree misdemeanor, the penalties are still severe, but the crime is not absolute, there are possible defenses and mitigating circumstances. Was the act in self-defense or protection of one's property? Did the Defendant have the gun in his possession? These and more are all aspects that a Jacksonville Criminal Defense Lawyer will take into consideration while reviewing your case and making the best determination in protecting your rights.

When facing Jacksonville 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. If you or a loved one have 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.

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.

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.

Wednesday morning reports have come out stating a Jacksonville homeowner has shot and killed a burglary suspect. According to Jacksonville Sheriff's Office (JSO), the suspect was in the Westside neighborhood and looking for homes and vehicles to break into. Unfortunately, this burglary suspect met with a homeowner that was not willing to give up. The Police report stated the burglary suspect and the homeowner confronted each other and a fight ensued. It is not clear from current reports where the gun came from, but the homeowner shot and killed the suspect.

In Jacksonville, Burglary is defined by Florida Statute § 810.02, which reads "[e]ntering a dwelling, a structure, or a conveyance with the intent to commit an offense therein...or to commit or attempt to commit a forcible felony. Additionally, under Florida Statutes, Burglary is considered a forcible felony. (Fla. Stat. § 776.08). Here, the suspect had intent to enter the home and the intent to commit a forcible felony within (i.e. burglary).

Furthermore, Florida law permits the use of deadly force to protect one's home against invasion and imminent threat of serious bodily injury or death or the commission of a forcible felony. This theory is known as the "castle doctrine." Here, the suspect was inside the home of the victim and intended to commit a forcible felony. Therefore, the homeowner could be justified in using deadly force against the suspect.

However, this case is still in the initial stages and a full investigation is going to be conducted to determine what actually occurred. Whenever you decide to use deadly force against another, it could lead to criminal and civil penalties. That is why it's important to contact a Jacksonville Criminal Defense Lawyer if you or loved one have been charged or have pending criminal charges against them. Going against the legal system alone is not a good Idea. A Jacksonville Criminal Defense Lawyer can review the reports, understand/apply the law, zealously represent you, and determine what is the best approach in moving forward in your case. Don't delay, contact a Jacksonville Criminal Defense Lawyer Today.

As a Jacksonville Criminal Defense Lawyer, I am often asked if a person has a duty to retreat when confronted with a violent situation. The best advice I can give is to advise the person to leave any confrontation if possible. The results and consequences of violence are never worth it. In summary, avoid having to use any kind of force. However, the Florida Castle Doctrine (also referred to as the Florida Stand Your Ground or Self-Defense Law) address self-defense situations. Florida Statute Section 776.013 states:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

The Florida Castle Doctrine (also referred to as the Florida Self-Defense Law and the Florida Stand Your Ground Law) govern when a person can use deadly force in Jacksonville. This doctrine is set forth in Florida Statute Section 776.013.

This Florida law creates a presumption that a person acts in reasonable fear of death or great bodily harm when confronted with certain circumstances. There are exceptions to the law. The presumption of reasonable fear does not apply if:

"(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

Florida Statute Section 776.013 is also know as the Florida Stand Your Ground Law or the Florida Castle Doctrine. According to this Florida self-defense law:

"A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) the person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) the person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."

There are exceptions to the Florida self-defense law (See Exceptions to the Florida Castle Doctrine in Jacksonville, Florida). Also, a person does not have a duty to retreat, as long as he or she is acting lawfully (See Is there a Duty to Retreat When Being Attacked in Jacksonville, Florida?).

Jacksonville Juvenile, Quintavis Seay, is only 16-years-old and charged with the homicide of a 20-year-old Jacksonville man, Jeremy Godboldt.  According to local reports, Seay was involved in a physical altercation with Godboldt and his brothers.  At some point, Seay allegedly shot Godboldt, who was later pronounced dead at the hospital.

Seay will likely be charged as an adult.  If he is charged with murder, he could face life in prison without parole, despite his age.  Since the shooting death stemmed from a fight between the alleged victim (Godboldt) and the Jacksonville criminal defendant (Seay), I would not be surprised to see Seay's Jacksonville Criminal Defense Lawyer argue that Seay acted in self-defense.  This is even more plausible considering that Godboldt's two brothers may have assisted him in the fight.  Also, reports state that "the fight that led to Godboldt's death was part of an ongoing dispute between him and Seay."  Therefore, we need to look at all the evidence, including prior contact between these two people, to see if Seay acted reasonably under the circumstances.

In Jacksonville, Florida, 16-year-old, Daniel Sanchez, and one or two other intruders confronted Jacksonville Assistant Police Chief, Carson Tranquille, and his wife in the couple's garage late Saturday night.  The Jacksonville police officer shot the teenager in the leg, but the other culprit(s) ran away.