Under Florida law, the State can charge a defendant with felony murder if a person dies during the defendant’s commission of a felony offense. A conviction for a felony is an essential element of felony murder, and if the State cannot establish the defendant committed a felony crime, the defendant should not be found guilty of felony murder. As demonstrated in a recent Florida ruling, though, they may be found guilty of other murder offenses. If you are charged with murder or any other violent crime, it is smart to speak to a Clearwater violent crime defense attorney about your rights.

Facts of the Case

It is reported that the State indicted the defendant for first-degree murder with a firearm and robbery with a firearm or deadly weapon. The jury found the defendant guilty on the first-degree murder charge, with special findings related to firearm possession and discharge resulting in the victim’s death. On the robbery charge, the jury convicted the defendant of the lesser offense of petit theft.

Allegedly, the court sentenced him to life in prison for the murder charge and time served for the robbery charge. The defendant appealed his first-degree murder conviction, arguing that it was based on a legally inadequate legal theory.

The post Florida Court Explains Legally Inconsistent Verdicts in Criminal Matters appeared first on Clearwater Criminal Lawyer Blog.

Facts Surrounding the Murder

It is alleged that the defendant began having an extramarital affair with her husband’s best friend. The defendant did not want to obtain a divorce because she did not want to share custody of her young daughter. Therefore, she and the friend discussed a plan where the friend would take the husband duck hunting and push him into the water while he was wearing waders so that he would drown.

It is reported that things originally went as planned, but the husband was able to swim to shore and scream for help. The friend then shot and killed the husband and buried his body in another location. The friend and the defendant later married, but their marriage fell apart, and during the course of their divorce, the friend kidnapped the defendant. After the friend’s arrest, he admitted to the murder and relayed the defendant’s part in the crime. She was charged with and convicted of principal to first-degree murder and conspiracy to commit murder, after which she appealed.

Evidence Needed to Prove a Principal to First Degree Murder Offense

On appeal, the defendant argued, in part, that the State failed to produce evidence sufficient to prove she acted as a principal to first-degree murder. Under Florida law, a person who commits any crime against the State or who hires, abets, or aids such a crime to be committed can be charged with a crime of the first degree if the crime is committed or attempted. The defendant argued that the statute required proof of an intent to commit the crime and physical action in furtherance of that intent.

To address the defendant’s argument, the court analyzed what behavior is criminalized under the principal statute. The court explained that the State must ultimately establish that a defendant engaged in conduct that constitutes active participation in the crime, which does not require a contemporaneous presence. Additionally, words alone are sufficient to be used to encourage or assist in the commission of an offense. Here, though, the court found that while the defendant discussed ways to kill her husband and the development of an alibi, she did not compel the friend to commit murder. Thus, the court reversed the defendant’s conviction on the principal to a first-degree murder charge.

Discuss Your Charges with a Capable Criminal Defense Attorney

A conviction for a murder crime can have life-altering consequences. If you are charged with a homicide offense, it is in your best interest to meet with an attorney to discuss your charges and possible defenses. Attorney William Hanlon of Hanlon Law is a capable homicide defense attorney who can assist you in formulating compelling arguments to help you seek the best legal outcome possible in your case. You can contact Mr. Hanlon via the form online or by calling 727-897-5413 to schedule a meeting.

The post Florida Court Discusses Evidence Needed to Prove a First Degree Murder Offense appeared first on Clearwater Criminal Lawyer Blog.

Facts Regarding the Defendant’s Arrest and Conviction

The defendant was charged with first degree murder and burglary in Florida. The defendant was arrested in Argentina but fought his extradition to Florida for several years. During that time he remained in an Argentine jail. He was ultimately extradited and tried and convicted of the charges. He was subsequently sentenced to imprisonment. The defendant then filed a motion seeking credit for the time served in the Argentine jail. The trial court denied his motion, after which the defendant appealed.

Florida Law Regarding Credit for Time Served

Section 921.161 of the Florida Statute states that a prison sentence will not begin to run until the date such sentence is imposed, but the court imposing the sentence must grant the defendant credit for the entirety of the time he or she spent in a county jail prior to the sentence. The credit given must be for a specific period of time and the amount of time credited must be indicated in the sentence. While the law requires trial judges to give a defendant credit for time served in a Florida county jail prior to the disposition of offenses charged, the law does not require a judge to give a defendant credit for time spent in a jail in other jurisdictions.

A trial judge has the discretion to award credit for time spent in jail in another jurisdiction while awaiting extradition to Florida, however, when the time spent in jail is solely for the Florida offense for which the defendant is being sentenced. Here, the court found that the trial court properly considered the facts before it in weighing whether the defendant should be granted credit for the time served in the Argentine jail. As such, the court found no abuse of discretion and affirmed the denial of the appeal.

Speak with a Trusted Criminal Defense Attorney in Clearwater Regarding Your Case

If you face criminal charges in Clearwater, it is important to retain a trusted criminal defense attorney who will aggressively fight on your behalf, to help you pursue the best outcome possible under the facts of your case.  William Hanlon of Hanlon Law is a trusted Clearwater criminal defense attorney who is ready to provide you with a thorough and vigorous defense. He can be reached at 727-897-5413 or via the online form to set up a meeting.

More Blog Posts:

Florida Manslaughter Conviction Upheld as Appeals Court Rules that Prosecution Did Not Improperly Comment on Defendant Not Testifying, November 20, 2017, Clearwater and St. Petersburg Criminal Lawyer Blog

The post Florida Court Holds That Granting Credit for Time Served in Other Jurisdictions is Discretionary appeared first on Clearwater Criminal Lawyer Blog.

For example, the Supreme Court of Florida recently held that the Hurst ruling required resentencing in a case where the death penalty was imposed absent a unanimous jury recommendation.  If you live in Clearwater and are charged with a crime, it is in your best interest retain an experienced Clearwater criminal defense attorney to help you retain your rights.

Facts Surrounding the Defendant’s Arrest and Trial

Reportedly, the defendant was stopped by a police officer while driving a vehicle, when he attempted to flee. The officer followed the defendant and eventually caught up with him. The defendant stopped his vehicle, after which the officer stopped his vehicle. The defendant then exited his vehicle with a handgun and fired three shots into the officer’s vehicle. The shots hit the officer and he died from his injuries. The defendant then returned to his vehicle and fled. He was ultimately arrested without incident by other officers. The defendant was charged with and convicted by a jury of first degree murder. During the penalty phase of the trial, nine out of twelve jurors recommended death. The Florida statute in effect at that time permitted a judge to impose a death sentence if seven jurors recommended death. The judge released the jurors following the penalty recommendation.

Changes in Florida Law Allowing for a Death Sentence

Allegedly, three days prior to the scheduled sentencing, the United States Supreme Court issued a ruling inHurst v. Florida, that stated that Florida’s sentencing scheme was unconstitutional. The defendant’s sentencing hearing was then postponed. The Florida statute allowing for the imposition of the death penalty was then revised to require a recommendation of ten jurors before a judge could impose a death sentence. The court subsequently imposed a death sentence despite the defendant’s objection that the sentence was invalid under the new law. The defendant appealed.

On appeal, the defendant argued that the new statute regarding the death penalty should apply in his case and entitled him to a life sentence without parole under double jeopardy principles. The court rejected this argument. The court explained that because the jury gave its recommendation prior to the passage of the statute and the recommendation supported the imposition of the death penalty when the jury was sworn and jeopardy attached, a new penalty phase was not barred by double jeopardy. The court also rejected the defendant’s argument that he was entitled to life without parole under another sentencing statute. The court noted, however, that the Hurst ruling stated that a jury, not a judge, must impose a death sentence and a mere recommendation is insufficient to impose such a sentence.  Following Hurst, the Supreme Court of Florida held that a jury recommendation for death must be unanimous before a court can impose a death sentence. As such, the court vacated the defendant’s death sentence and remanded the case for a new penalty phase.

Retain an Experienced Clearwater Criminal Defense Attorney

If you are a Clearwater resident facing criminal charges, you should consult a seasoned criminal defense attorney to discuss the potential penalties for the crimes you are charged with and the best course of action under the facts of your case.  William Hanlon of Hanlon Law is Clearwater criminal defense attorney with the knowledge and experience necessary to help you pursue a favorable outcome under the facts of your case. You can contact him at 727-897-5413 or through the online form to set up a consultation.

More Blog Posts:

Florida Court of Appeals Affirms Eyewitness Testimony is Sufficient Evidence to Support a Conviction for a Crime, November 26, 2018, Clearwater and St. Petersburg Criminal Lawyer Blog

The post Court Overturns Death Sentence Based on US Supreme Court’s Finding that Florida’s Prior Capital Penalty Laws Were Unconstitutional appeared first on Clearwater Criminal Lawyer Blog.

Motion for Resentencing

In this case, a juvenile defendant was convicted of first-degree murder and was sentenced to life in prison without parole. However, after his conviction, he made a motion for resentencing under section 921.1401 of the Florida Statutes. That section addresses when life imprisonment is an appropriate penalty for a juvenile. It states that the defendant’s youth and the attendant circumstances should be considered, as well as the effect of the crime on the community and the victim’s family, the defendant’s age and maturity, the extent of the defendant’s participation in the offense, and other similar factors. Pursuant to this section, the court resentenced the defendant to 28 years in prison. In their order, the court addressed each of the factors one-by-one.

The post Sentence Upheld for Juvenile Convicted of Murder in Florida appeared first on Clearwater Criminal Lawyer Blog.

Facts of the Case

The defendant was charged with the first-degree murder of his employer/landlord and the attempted first-degree murder of a neighbor. There was a confrontation between the defendant and his landlord and he began shooting. The defendant alleges that he acted in self-defense based on his landlord reaching for a dark object in his pocket and previous threats by his landlord. The defendant also alleged that the neighbor threatened him as well and attempted to throw a microwave at him. The neighbor survived the shooting but the landlord did not.

The state’s version of events differed. They alleged that the defendant was the aggressor and that both of the victims were unarmed. Under this version of events, self-defense would not be an applicable affirmative defense, since it cannot be used when the defendant was the aggressor.

Florida Law Around Self-Defense

Self-defense is only allowed as an affirmative defense if certain conditions are met. Defendants can justifiably use deadly force solely when they reasonably believe that the force is necessary to prevent great bodily harm or imminent death to himself or someone else.

The issue in this case involves the jury instructions. Along with the description of self-defense similar to the paragraph above, the jury instructions included the requirement that the requirements of self-defense were proven beyond a reasonable doubt. However, this was not the proper standard of proof for self-defense. Florida law requires the prosecution to prove that it was not self-defense, instead of the defendant having to prove that it was self-defense.

Though the defense counsel did not object to the jury instructions, the Florida Third District Court of Appeal still held that the instruction was fundamental error. When there is a fundamental error the court has a responsibility to correct the error, even if the defense counsel did not object at the time. Thus, the defendant’s murder charge was dismissed and remanded back to the trial court for a new trial. However, as there was never any proof or argument put forth by the defense regarding self-defense relating to the attempted murder of the neighbor, that conviction still stands.

Contact an Experienced Clearwater Violent Crimes Criminal Defense Attorney Today!

Defendants charged with violent crimes need knowledgeable attorneys on their side to make sure that the prosecution follows the law. The experienced Clearwater violent crimes attorneys at Hanlon Law Firm will defend you zealously against any and all charges. Call our offices at (727) 897-5413 or contact us online to speak with our attorneys about your case.

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The post Court in Florida Reverses Murder Conviction Based on Self-Defense Jury Instruction appeared first on Clearwater Criminal Lawyer Blog.

Defendant was charged with first degree murder, stemming from an alleged 2010 robbery. One man was shot and three others were robbed during the incident. Witnesses told police officers the perpetrator—who made off with only a few dollars—was wearing a dark bandanna, possibly black, and carrying a black bag. Defendant went to a local police station two days later and confessed to the shooting. He said, however, that he didn’t rob the men and was simply acting in self-defense. Police officers later found a black bag with gun residue in it in Defendant’s home.

Defendant changed his story before trial. He said he was taking the blame for an older friend who committed the robbery and shot the man. The friend talked Defendant into making the false confession and even walked him to the police station, according to Defendant. But a neighborhood man testified at trial that he saw and briefly spoke with a person wearing a red bandana and carrying a black bag shortly after the shooting and near the place where the crime happened. The man wasn’t able to identify the person, but he said he was certain that it wasn’t the friend that Defendant said committed the crime. The man said he knew the friend, and was sure that he would have recognized the friend’s voice.

The trial court denied Defendant’s request to offer testimony from another man, who said the friend confessed to committing the murder one night while the two were in a bar. The friend also allegedly told the witness that he and his aunt had talked Defendant into taking the blame. Because the judge didn’t allow him to call the witness to testify, Defendant’s lawyer also decided not to call the friend to testify. As a result, the Second District said the judge’s decision effectively denied Defendant his right to a fair trial.

“The defense should be allowed to call [the friend] as a witness and impeach him with his statements because they are central to the defense theory,” the court said.

The court further explained that the out-of-court statements that the friend allegedly made to the witness were likely hearsay, which is generally inadmissible. Hearsay refers to out of court statements offered at trial to try to prove what was said in the statement. Still, “a trial judge may be required to admit a third-party confession under constitutional principles, even if it does not qualify” as one of several specific exceptions to the hearsay rule. In this case, the court found that the bar discussion appeared to be spontaneous and could be sufficiently corroborated to at least be considered at trial.

As a result, the court reversed the conviction and remanded the case for a new trial.

If you or a loved one has been charged with a crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater criminal defense attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of crimes. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

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The post Florida Court Scraps Murder Conviction for 14-Year-Old Who Says He was Fall Guy appeared first on Clearwater Criminal Lawyer Blog.