Articles Posted in Gun Crimes

by

A Florida man was charged and convicted of felon in possession of a firearm. In Powell v. Florida, this Florida Criminal Defendant was arrested in the apartment in which the gun was found and taken to the police station where Florida police officers questioned him. Police officers testified that Powell stated that the gun was his.

The United States Supreme Court held that:

“Criminal suspects have a right to have their lawyer present during police questioning, and the police are required to inform suspects of that right as part of their “Miranda warning.” In this case, police officers told a suspect that he had “the right to talk to a lawyer before answering [any] questions” and “[y]ou have the right to use any of these rights at any time you want during this interview.” The Court held that even though this warning did not specifically mention the right to have a lawyer present during questioning (as opposed to the right to talk to the lawyer before questioning), the warning nonetheless was constitutional because it conveyed to the suspect that he had the right to have an attorney present.”

Continue reading

by

A Jacksonville father, Donnell Bernard Burney, will serve 90 days, followed by 5 years probation, in Duval County Jail for the Accidental Shooting of his 6-year-old daughter (Jacksonville.com). While Mr. Burney did not pull the trigger, he was charged with a third-degree felony for Jacksonville culpable negligence involving a firearm, pursuant to Florida Statute 784.05(3). The charges stemmed from an allegation that Burney was cleaning the gun and left it unattended. His daughter discovered the gun and accidentally shot herself in the chest. She is expected to fully recover. Jacksonville Judge, Adrian G. Soud, accepted Burney’s plea deal today at the Duval County Courthouse.

by

Dos Gatos is a cocktail lounge in downtown Jacksonville, Florida. It is popular for its signature drinks and mellow atmosphere. In the early morning hours of March 1, 2011, the Jacksonville bar ended up with more action than usual. According to local media reports (Florida Times Union and First Coast News of Jacksonville), a fight broke out in the bar that resulted in a shooting in the the street. A woman was taken into custody in reference to this Jacksonville shooting. As of today’s date, charges have not been filed. Depending on the circumstances, if this woman is the shooter, she could be charged with aggravated assault or battery, attempted murder, or a homicide crime. The criminal charges will depend on the facts of the case.

by

On Thanksgiving morning, Jacksonville resident, Kyle Davis, witnessed a burglary occurring at his next door neighbor’s house. He confronted the burglar and discovered that the burglar was armed with a gun. Burglary to a Dwelling that is in unoccupied is a second degree felony in Jacksonville, Florida. Under the Florida sentencing guidelines, this crime will usually carry a minimum guideline of 21 months in Florida State Prison or higher. Due to the fact that the burglar was armed with a gun, this offense will carry a minimum mandatory sentence of 10 years in prison.

If you have been charged with burglary, contact a Jacksonville Burglary Attorney.

To read more about this story, visit News4Jax.

by

In many Jacksonville Florida criminal cases, the State Attorney must prove possession. Examples of “possession” crimes are possession of marijuana, cocaine, or other controlled substances. There is also possession of a firearm by a convicted felon. Possession can be actual or constructive.

Actual Possession occurs when the Defendant has the item in his hand or on his person, the item is in a container in his hand or on his person, or the object is so close as to be within ready reach and is under the control of the person. Constructive Possession means that the object is in a place that the Defendant has control or in which he has concealed it.

In most criminal “possession” cases, constructive possession is easier to negate. Just because the Defendant is close to the item, this does not mean that he was in possession of it. You must look at the circumstances surrounding the situation to determine if there is constructive possession.

by

Only days before the landmark decision in the Jacksonville Juvenile case of Graham v. Florida, Jacksonville judge, Elizabeth Senterfitt, sentenced juvenile Daryl Thomas to life in prison without the possibility of parole for armed robbery, a non-homicide felony. In Graham, the United States Supreme Court ruled that juveniles charged with non-homicide felonies cannot be sentence to life without parole. Therefore, Thomas’ case was sent back to Judge Senterfitt to resentence him in compliance with the ruling in Graham. She sentenced him to fifty years in Florida State Prison. The Jacksonville Juvenile Criminal Case will be appealed (Jacksonville.com).

by

In Jacksonville, Florida, if a Jacksonville Criminal Defendant possesses a firearm during the commission of a crime, additional points will be added to the Defendant’s sentencing scoresheet. If more points are added, the Jacksonville Criminal Defendant’s scoresheet will result in a higher score. In turn, this will result in a higher minimum Florida State Prison guideline sentence.

If possession of a firearm is an essential element of the underlying crime, these additional points should not be added to the Florida Sentencing Scoresheet. Therefore, points cannot be added in cases where the only underlying crime is possession of a firearm by a convicted felon or carrying a concealed firearm. Fisher v. State, 718 So. 2d 753, 754 (Fla. 1998).

If you are charged with a Jacksonville Firearm Crime contact a Jacksonville Criminal Firearm Lawyer to discuss your case and make sure your rights are being protected.

by

The Florida Sentencing Scoresheet is used in felony cases in Jacksonville, Florida. For each Jacksonville felony case, points are calculated in various categories to determine the minimum and maximum periods for a Florida prison sentence. If a Jacksonville Criminal Defendant is in possession of a gun during the commission of a crime additional points will be assed. According to the Florida Criminal Punishment Code Scoresheet Preparation Manual:

“Eighteen sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087(2), Florida Statutes, while having in his or her possession a firearm…Twenty-five sentence points are assessed if the offender is convicted of committing or attempting to commit any felony other than those enumerated in subsection 775.087(3), Florida Statutes, while having in his or her possession a semiautomatic firearm…or a machine gun.”

Florida Statute Section 775.087 also sets forth minimum mandatory sentences for Jacksonville Gun Crimes. If are charged with a Jacksonville Gun Crime contact a Jacksonville Criminal Gun Lawyer.

by

Jacksonville Criminal Lawyers are often faced with cases that involve illegal searches and seizures. When a Jacksonville police officer conducts stops or searches a person, he must conduct himself in a manner that does not violates a persons Fourth Amendment rights. If police officer violates the constitutional rights of a criminal defendant, a Jacksonville Criminal Lawyer can file a motion to suppress any evidence that way obtained due to the illegal search or seizure.

Recently, in Ferguson v. State, the Florida Second District Court of Appeals ruled on this issue. In this Florida case, Mr. Ferguson was located in a “high crime area” and was trying to avoiding contact with an officer in a manner that the officer thought was suspicious. When the officer turned her patrol car around to investigate, Ferguson attempted to drive away. The officer pulled him over, placed him under arrest for loitering and prowling, and searched the car incident to arrest. Ferguson was charged with loitering and prowling, possession of a firearm by a felon, possession of marijuana and possession of drug paraphernalia.

Mr. Ferguson appealed the conviction on the grounds that the trial court erred when it denied Ferguson’s motion to suppress the evidence seized after he was arrested. The Florida Second District Court of Appeals agreed with Ferguson, because the officer did not have a reasonable suspicion of criminal activity to detain him or probable cause to arrest him for loitering and prowling. Since there was no probable cause for the arrest, all of the evidence seized must be suppressed.

Continue reading

by

When Jacksonville juvenile criminal defendant, Jamar Graham, was 16 years old, he was charged with armed burglary. He was sentenced to life without the possibility of parole in this 2004 case. Today, the United States Supreme Court (USSC) held that he will be re-sentenced after spending seven years behind bars. The USSC ruled that juveniles sentenced in non-homicide cases should not be sentenced to life without the possibility of parole. However, this rule does not extend to juveniles convicted of homicide. Chief Justice Roberts concurred with the majority opinion in Graham’s case, but stated that the ruling should not extend to all juveniles in all non-homicide cases. This opinion will effect other Jacksonville Juveniles that have been sentenced to life-without-parole in non-homicide cases.

If a Florida Juvenile criminal defendant has been sentenced to life without the possibility of parole in a non-homicide case, it is imperative that he or she pursue another sentencing heairng in accordance with Graham v. Florida. To do so, contact a Florida Juvenile Lawyer.

To learn more about Graham’s case, visit The Florida Times-Union.

Contact Information
Jacksonville Office
4115 Hendricks Ave
Jacksonville, FL 32207
Phone: (904) 685-1200
Fax: (904) 875-4081
Ponte Vedra Beach Office
822 A1A N #310
Ponte Vedra Beach, FL 32082
Phone: (904) 425-1910
Fax: (904) 875-4081
Satellite office with limited services and hours.
Call for an appointment.
*The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information on this website is not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies. Some states require additional disclosures which may consider the information on this website to be consider advertising and others states require that this page state ATTORNEY ADVERTISING or THIS IS AN ADVERTISEMENT.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Law Office of David M. Goldman PLLC
JUSTIA Law Firm Blog Design