Assault / Battery

July 23, 2012

Analysis Indicates Dramatic Drop in Florida Crime Rate

Florida State University criminologist Bill Bales knew Florida’s crime rate, like that of the nation, had been dropping for years but he had no idea just how much. Once he sat down to crunch the numbers he was shocked to discover how safe the state has become. Bales said, “I was astonished by the consistency of the decline and the magnitude of the decline.”

The decline was far from statistically insignificant. His results indicate that the level of safety of citizens and tourists in the state over the past 20 years has improved by a whopping 52%. What he labels a “remarkable” figure. His analysis indicated that crimes rates in Florida fell dramatically since the peak year of 1991 across all seven categories of crimes tracked by the FBI: murder, rape, robbery, aggravated assault, burglary, larceny and auto theft.

What’s the reason for such a steep drop? Bales and other criminologist say there’s no one answer. A variety of factors such as state demographics, deployment of law enforcement resources, unemployment rates and poverty all likely played a part. The only significant correlation the study found was with increased imprisonment rates. He found that from 1980 to 2010, as crime rates went down, Florida’s prison population ballooned nearly 170 percent. However, he emphasizes that that alone does not explain the overall trend.

July 19, 2012

How Do I get a Jacksonville Restraining Order?

by David M. Goldman

Are you a victim of repeat violence? Have you been the victim of violence from your domestic partner? Are you in fear of your or your children’s well being and safety? Are nonlegal methods of diffusing the situation just not working? If you answered “YES” to any of the previous questions you may be eligible for a Jacksonville Restraining Order. Additionally, as a Jacksonville Criminal Attorney, I can assist you in getting the protection you need and get the violence stopped before you or your children are seriously injured.

Jacksonville Restraining Orders are available anyone that is a victim of violence. Many Jacksonville residents believe that they must be the victim of some type of “physical violence” before they can petition the court for an injunction, but this is not true. Violence includes the crimes of assault and stalking which do not require physical contact whatsoever. Under Florida Statute Section 784.11, an assault occurs when a person intentionally and unlawfully threatens to do violence to the person of another coupled with the apparent ability carry the violence out. The victim of the assault must be in fear that the violence is imminent and will readily take place. Stalking can also result in a Jacksonville restraining order. Under Florida Statute Section 784.048, stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks” and other person. The harassment must cause substantial emotional distress and fail to serve a legitimate purpose.

If you believe that you need a Jacksonville Restraining Order, contact a Jacksonville Criminal Attorney that will Petition the Court for an Injunction for Protection.

July 18, 2012

Can you Seal/Expunge a Florida Aggravated Battery or a Florida Domestic Battery? What if I plea to a lesser included Offense, than Can I?

by David M. Goldman

I was charged with Aggravated Battery/ Domestic Battery, could I have this charged Sealed or Expunged?

The answer to this inquiry depends upon several factors. These factors include: 1. How was the case adjudicated? 2. What does Florida Statutes state? And 3. Have you had a Florida Criminal record Sealed/Expunged before? The answer to these few questions will determine the possibility of sealing or expunging that Florida Criminal Record.

A Florida criminal record may be sealed pursuant to Florida Statute § 943.0585. In addition to the requirements listed in the Statute above, Florida Statute § 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you could be eligible to expunge your record. The enumerated list of crimes do not apply when petitioning to have your record expunged. If the charges were dropped, the FDLE will not reject a Florida Criminal Defendant’s application for a certificate of eligibility, assuming all other necessary conditions are fulfilled. However, if the original offense was a violent crime or was a sexual offense, it will be more difficult to have the petition to expunge granted. Therefore, it is important to be well prepared for a hearing and hire a Criminal Record Expunging Attorney. Finally, Florida law only allows one criminal arrest to be sealed or expunged. Therefore, if you have had a record sealed or expunged before, you are not eligible to have another record sealed or expunged.

July 3, 2012

Jacksonville Man Shot While Retrieving Money from an ATM

by David M. Goldman

A 40-year-old Jacksonville man was shot outside a Wells Fargo Bank while attempting to retrieve money from the ATM.

We all have the need for cash instead of credit cards that we are all accustomed to using. However, sometimes the situation calls for cash. Jacksonville Residents do not think twice about going to the local ATM and getting that much needed cash. However, those feelings and desires have changed following Monday night’s incident.

At or about 11:30 PM on Monday evening, Jacksonville Sheriff’s Office responded to a call at the Wells Fargo Bank on Baymeadows Road. When the Officers arrived they met with the victim, who had been shot twice; once in the left arm and another shot to the stomach. The victim stated when he drove up to the ATM two masked men approached and shot him twice; one had a sliver gun.

June 25, 2012

Criminal Penalties for Jacksonville, Florida Criminal Offenses

by David M. Goldman

Duval is a large county, one of the largest for that matter, and with a large population size come an increase of Criminal activity. This does not mean Jacksonville and the surrounding areas are bad areas, its just the large population gives way to more criminal activity than a county with less of a population size. As a Jacksonville Criminal Attorney I am constantly asked one question, What kind of penality/jailtime am I looking at? I hate to say the cliché Attorney, but it really does all depend upon your specific case and circumstances surrounding your criminal offense. However, with that being said, here are the statutorily defined penalties for both Misdemeanors and Felonies in Florida.

2nd Degree Misdemeanor

An offense listed as a 2nd degree misdemeanor is punishable by up to 60 days in jail and/or fines not to exceed $500.

June 18, 2012

Fire Destroys Local Jacksonville Restaurant

by David M. Goldman

Local Restaurant was destroyed by Fire this morning and the investigation into the cause is still underway. Wasabi Buffet located in Jacksonville’s historic Five Point Area. Besides the damage to Wasabi, three other businesses were also damaged (Firehouse Subs, Hot Wok, and a laundry). The fire was reported at approximately 3:30 this morning and fire marshal’s were able to get the fire under control before it spread too far into surrounding businesses.

In Florida, Arson is defined by Florida Statute § 806.01, which reads “any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: any dwelling…any structure…any other structure that he or she knew or has reasonable grounds to believe was occupied by a human being.” If convicted for Arson it is a Felony in the first-degree, which holds a penalty of up to 30 years in prison and/or up to a $10000 fine. In contrast, if you commit Arson against property of your own, it is a second degree-felony punishable by 15 years in prison and up to a $10000 fine.

Although this Fire investigation is still in its initial stages, if the homeowners are found to have intentionally set the fire, they could be facing a second-degree felony charge. If on the hand, someone else set the fire, they could potentially face a first-degree felony charge. Or it could just be an accidental fire and no charges will be brought.

June 14, 2012

Cristian Fernandez’s Sexual Battery Case delay due to Courthouse Closure

by David M. Goldman

As a Jacksonville Criminal Attorney I was excited to hear about and see the developments of Jacksonville’s NEW Courthouse. However, that excitement quickly faded away after time and time again the Courthouse failed fire inspections. It was a multi-million dollar project and to be held-up for fire safety violations is unacceptable. This inability to open the Courthouse and the already abandonment of the OLD Courthouse has left the judicial system in a state of confusion and delay. One case that has been affect by the delays in opening is Cristian Fernandez’s Sexual Battery Case.

Fernandez has been charged with the Sexual Battery of his 5 year old brother. A suppression hearing was scheduled for later next week have been rescheduled for June 28, 29, and July 2. Also the trial date has been reset; August 27th. These delays are directly connected to the new Courthouse not being open. Therefore, this child has to remain in custody and wait for the legal system to open back up before he can seek justice.

The suppression hearings will cover the admissibility of Fernandez’s confession to the offense. The State contends the Officers acted appropriately and that Fernandez understood his Rights when they were explained to him. However, his Defense team feels differently. They state Fernandez denied the allegations 9 times during the interrogation before finally confessing. The defense is claiming coercion.

June 14, 2012

How Do I choose a Jacksonville Criminal Attorney?

by David M. Goldman

If a person goes through the yellow pages or searches the internet, one could be overwhelmed with the amount of Jacksonville criminal defense attorneys available in Jacksonville, Florida. However, selecting an attorney is not an easy process. Often, people will ask whether or not they should hire a private attorney or use a public defender. My response is always “if you can afford a private attorney, you should hire one.”

First, the services of the office of the public defender in Jacksonville are only for those clients that cannot afford an attorney. A public defender is not appointed to everyone that wants an attorney, just for those that do not have funds available to hire a Jacksonville Criminal Attorney.

Second, a Jacksonville criminal defendant cannot chose which attorney at the public defender’s Office will represent them. Therefore, if one is unhappy with their public defender, they cannot “shop around” and request another attorney be appointed. There are different types of attorneys at the public defender office and in private practice. Some attorneys are better than others. When you hire a Jacksonville criminal attorney, you have the option of meeting with the attorney and choosing which attorney better suits your needs.

June 6, 2012

Almond v. State of Florida: Sexual Predator Designation

by David M. Goldman

A recent case before the 2nd DCA was ruled upon on June 1, 2012. The case, Shawn D. Almond v. State of Florida, reviewed the issue of delayed designation of the Defendant as a “sexual predator.” The Court waited over 12 years before filing the motion to designate the Defendant as a “sexual predator.”

The facts are simple. The Defendant was charged with sexual battery with force and burglary with assault back in 1996. In 1998, he plead out to the two charges and received 12 years incarceration and 5 years of probation. In 2010, Almond was released from State Prison. He was on probation for the following two years when the State filed a motion to designate him as a “sexual predator.” The Defendant was subsequently designated a “sexual predator” following a hearing. The Defendant now appeals that designation.

The issue before the court is whether the State can file such a motion after so much time has passed following the sentencing of the Defendant. Designation as a sexual predator is defined under Florida Statute §775.21 (4)(c)(1)(a). In this case, Almond clearly fits within the statutory confines as a sexual predator. However, Almond contends the delay in designation would therefore bar the state from filing such a motion. However, Florida Statute § 775.21(5)(a)(2) allows the State to bring such a motion when information obtains qualifies an offender as a sexual predator.

May 29, 2012

Teen Sensation, Justin Bieber, is wanted for Questioning after Alleged Attack

by David M. Goldman

Young Pop Star and Teen Sensation, Justin Bieber is wanted by California Sheriff’s Office for questioning following an alleged Attack on a photographer. The alleged attack, according to the photographer, took place in Sunday when he tried to take pictures of Justin and his girlfriend after a movie at a local theater. The photographer went to the hospital claiming “chest pains” and was treated and released. Bieber and his girlfriend left the scene before police arrived.

However, the elusive Bieber later notified fans that he was leaving the country for Europe. The California Sheriff’s Office still wants to talk to him to hear his side of the story. Leaving the country or not will not get Bieber away from potentially a 1st degree misdemeanor. As a Jacksonville Criminal Lawyer, I understand the law and how some innocent actions could be considered Battery. However, with my assistance and guidance, I will work with you to fight these Criminal Allegations and work for the best possible outcome in your case.

In Jacksonville, Florida Assault is defined under Florida Statute § 784.03. The Statute defines Battery as “[a]ctually and intentionally touches or strikes another person against the will of the other; or [i]ntentionall causes bodily harm to another person.” As a 1st degree misdemeanor, the accused could face up to 1 year in jail and/or $1,000 in fines.