Florida law has different categories of theft, which range from Petit Theft, which is a misdemeanor, to Grand Theft, which is a felony. If you’ve been charged with theft that involves a firearm, it is always considered a felony.  While most theft charges can change in severity according to the value of the property stolen (along with other factors), the theft of a firearm is always considered Felony Grand Theft regardless of the value of the property stolen. What Is Grand Theft? Grand Theft is the crime of unlawfully taking property that is worth more than $300. However, it’s important to ..read more

Florida Keys criminal defense attorneys have a lot of conversations with people facing criminal charges. One of the interesting things about these conversations is that they reveal the many myths surrounding the rights and power of someone charged with a crime. Let’s spend a little time examining some of the most common myths about facing criminal charges. Myth #1:  Silence Equals Guilt Everyone who is arrested has the right to remain silent. However, some people charged with a crime feel that silence is an admission of guilt. At least in the State of Florida, this myth couldn’t be furthe ..read more

Our law firm gets the same question in every Drug Possession case, “How can a prosecutor prove I had drugs on me?”  This blog explains the concept of possession under Florida law.  Possessing a controlled substance or drugs in the State of Florida is a criminal offense. According to Florida law, possession of drugs (even without intent to sale) is in some cases treated as a third-degree felony. There are basically four elements that must be in place for a Drug Possession charge to stick. Examining Four Elements Knowledge. Before the accused can be convicted of Drug Possession i ..read more

If you are carrying a prescription drug outside the original packaging and without the paper prescription, you could be arrested for possessing a controlled substance without a prescription — even if a doctor actually prescribed it to you. Although carrying a prescribed drug that isn’t in its original packaging is legal under Florida law, some enforcement officials either aren’t aware of the law or don’t follow it, which can lead to unfortunate and sometimes costly consequences. If you are arrested for possessing a drug that was legitimately prescribed to you or a relative, a skilled attorney ..read more

The terms robbery, theft and burglary are sometimes used interchangeably in popular discourse, but they are distinct crimes under Florida state law, even though the lines between them aren’t always clear. For example, taking merchandise from a publicly accessible space in a store is shoplifting, a form of theft. But taking merchandise from a portion of the store that is closed off to the public could be considered a burglary. And if the person uses any degree of force, such as resisting attempts to stop him, the crime could be charged as a robbery. Theft is considered a petty crime, a misdemea ..read more

Probation is always preferable to jail, but the key to successful probation is to avoid violating it. And that means knowing what kinds of conduct rise to the level of violations. In Florida, such conduct can include refusing to pay fines ordered by the court; traveling or meeting with certain people without first seeking permission from your officer; possessing, using or selling illegal drugs; getting arrested for any reason; missing appointments with your probation officer or missing a court appearance. Your probation officer may merely issue you a warning but could require you to appear in ..read more

Battery is the intentional touching of another person without consent, even if that person isn’t harmed. In Florida, this is known as a simple battery, a misdemeanor that carries a maximum sentence of one year in prison and a $1,000 fine. But where the touching results in injury, it is an aggravated battery, a second-degree felony that carries serious penalties. Aggravated battery requires the intent to do serious bodily harm or the use of a deadly weapon and carries a sentence of up to five years in state prison and a $5,000 fine. The minimum sentence is 10 years in prison if the accused was ..read more

Key West offers abundant opportunities to enjoy marine activities, whether you are a deep-sea fishing or flats fishing enthusiast. But it’s easy to run afoul of the vast network of Florida laws protecting fish and other marine life. Anything from not having the right license to going over the maximum lobster catch allowed could land you in trouble. You could receive a ticket or you could be charged with a misdemeanor for a more serious violation, such as spearfishing with a bangstick or powerhead. Your first line of defense is learning the rules that pertain to your activity. For saltwater act ..read more

Despite the Miranda warnings familiar to every TV crime show audience, people in custody often talk to police and prosecutors without an attorney present. But the TV shows are right: If you are under arrest, you should never submit to police questioning without the presence of an attorney who has experience defending clients in criminal matters. Here are five reasons why you should consult an experienced criminal lawyer: Your lawyer knows your rights — Often defendants think they are required to give police anything they ask, particularly if they are convinced it will help their case. Not onl ..read more

A DUI conviction, in addition to carrying stiff penalties such as jail and driver’s license suspension, can be hurt your finances. The Florida Department of Motor Vehicles estimates that the total cost of a DUI conviction, including fines, insurance increases and attorney fees, is typically around $8,000. This alone is incentive to seek out the best counsel to mount a careful defense — if avoiding jail and license suspension isn’t reason enough. These are some of the out-of-pocket costs you may face: Fines — For a first conviction in a DUI case, the fines are $500 to $1,000 — and double that ..read more