Articles Posted in Robbery / Theft

BurglarAs all Jacksonville residents know, the economy has been down in this nation for over a year. Jobs have been lost, homes have gone under, and crime is at an all time high. It is a statistical fact that during a time of economic recession incidents of criminal activity and alcohol abuse are at an all time high. Sometimes, these rough times lead people to make poor decision and to act in ways, if time were good, they would not normally act. Two crimes of particular intrigue are Burglary and Robbery. These two criminal activities are commonly misunderstood and used interchangeably. However, they are two distinct crimes with very different penalties.

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.

In contrast Florida defines Robbery as “the taking or money or other property which may be the subject of larceny from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.” Florida Statute § 812.13. Basically, Robbery requires the forceful taking of property or money from the body of the person (i.e. pick-pocket).

Armed-RobberyA Miami-Dade resident and Cuba native was recently shot and killed after an attempted armed robbery on his way to work. The victim, Hector Vichot, 53, was on his way to work when approached by two men. The men demanded his money and when Hector turned to run away he was shot in the back. He was taken to a local Florida Hospital for treatment, but later succumbed to his injuries.

The incident occurred on December 16, just weeks before the Christmas. Hector’s Brother, Pedro, is distraught over the whole incident. He stated, although Victor is not married, he was close with his two children in Miami and one child in Cuba.

This was a tragic incident that resulted in the death of an innocent man. All for what; $1.25! Yes, that was all Victor had at the time of the attempted robbery. The suspects, who remain at large, will likely face attempted armed robbery charges, aggravated battery and assault, and murder. Penalties resulting from these criminal charges are normally severe and carry substantial jail time.

GunThis case is an appeal from the 15th Circuit in Palm Beach County, where the appellant appeals his conviction, jury instructions, and Court’s refusal to consider youthful offender sentencing. The 4th DCA affirmed the conviction and jury instruction, but remanded the sentencing decision to another judge for review of youthful offender status.

The case arose from an armed robbery at a gas station in Palm Beach County. The suspects brandished a weapon during the robbery and while exiting the building fired one shot towards the clerk. The suspects fled the scene. Later the police approached a vehicle for broken taillight. The appellant was found in the backseat with clothing, a gun, and money that matched the type used in the robbery. The appellant made conflicting statements to the police about his participation in the robbery, his statements went from not there to just driving the vehicle. He was found guilty for armed robbery and sentenced to ten (10) years in jail.

The appellant, Harry Salter, appeals the denial of his motion for acquittal and the jury instruction for not making special remarks into the validity of circumstantial evidence. The 4th DCA reviews motions for acquittal De Novo. The appellant argues the evidence was insufficient to prove his guilt and therefore uphold his conviction. However, the court reasoned there was enough direct and circumstantial evidence upon which the jury could draw the conclusion of guilt. Furthermore, the court has the discretion as to give jury instructions regarding circumstantial evidence and the appellant has failed to demonstrate the court’s abuse of its discretion.

Yesterday, two robbery suspects were arrested in connection with the armed robbery of a store in Jacksonville, Florida. Edward Littleon, age 22, and Frederick Jennings, age 17, are being held in Duval County, Florida. News4jax.com has reported that the Jacksonville Criminal Defendants are accused of stealing “money from the Family Dollar cash office and [making] the employees lie on the floor.” An off-duty officer, G.W. Germann, confronted the two suspected robbers. Jacksonville police have reported that “Germann shot [Littleton] in the shoulder, because he was carrying an AK-47 assault rifle,” and “Jennings was armed with a loaded revolver.”

Although the Jacksonville Juvenile Robbery Defendant, Jennings, is only 17 years-old, he will likely be charged as an adult, due to the severity of the crime, and his co-defendant will be charged in adult criminal court. Since they both were armed with firearms, they are facing the Florida 10-20-Life Statute. Therefore, they are facing a mandatory minimum sentence of 10 years in the Florida State Prison. However, a Youthful Offender Sentence may be available, depending on the circumstances.

Last month, a Jax Beach man was shoot and killed in Jacksonville Beach, Florida. Three men have been arrested for this Jacksonville Beach shooting. Jacksonville police suspect that the shooter was William Brown, age 18. Local media (News4Jax) has reported that

“investigators also arrested two other suspects locally in Neptune Beach. They were identified as 27-year-old Adam Holleran, who’s charged with armed robbery, and 27-year-old Matthew Webber, who’s charged with armed robbery and accessory after the fact.”

According to the media reports, it appears that Brown gave information to police that resulted in his arrest. The information that he provided about this Jacksonville robbery and shooting likely led to the result of the other two suspect. Therefore, each of these Jacksonville Criminal Defendants will have a conflict of interest and need separate Jacksonville Criminal Lawyers.

If you are caught shoplifting at a retail store in Jacksonville, Florida, you may be charged with theft in Duval County Court. If the retail store calls the police, you will either be arrested or issued a notice to appear in court for the charge of Jacksonville theft. The charge that you will be facing depends on the amount that you allegedly shoplifted. If the value of the property is $300.00 or more, it is a felony theft. (See Jacksonville Shoplifting Crimes Range From Misdemeanor to Felony Charges)

Jacksonville shoplifting and theft is not a crime that should be taken lightly. When job searching, employers often disapprove of this crime, and it could affect their hiring decisions. Therefore, it is important to attack this Jacksonville theft case early. You may be able to defend the case due to a lack of evidence or by proving that you were falsely accused. In some Jacksonville theft cases, the Duval County State Attorney Office may consider diverting the criminal case, causing the charges to later be dropped. The last thing that you want to do is be convicted of a Jacksonville theft crime, because this will affect your ability to seal or expunge your Jacksonville criminal record. Therefore, it is important to contact a Jacksonville Theft Attorney.

Under Section 812.014, Florida Statutes, a Jacksonville shoplifting charge can range from a misdemeanor to felony crime. Usually, this level of the crime depends on the value of the goods that were the subject of the theft. Section 812.014 states that if the value of the property is less than $100.00, the petit theft (petty theft) is a second-degree misdemeanor, which is punishable by up to 60 days in Duval County Jail. If the property stolen is valued at $100 or more, but less than $300, this is a first-degree misdemeanor. This is punishable by up to one year in Duval County Jail. If the property is valued at $300 or more, but less than $5,000, the offender has committed a third-degree felony which is punishable by up to 5 years in Florida State Prison.

Florida Statute Section 812.014, also provides for enhanced charges if the offender has previous theft convictions. Therefore, it is important to tell your Jacksonville Theft Lawyer about your criminal record.

Yesterday, a man robbed a Walgreen’s Pharmacy in St. Augustine, Florida. According to the Florida Times Union, he walked in to the store’s pharmacy and handed the pharmacist a note demanding medications, threatening him if he didn’t comply. He lifted his shirt to show a handgun tucked in his belt, so the pharmacist complied with the demand, and the man left.

When people think of an Armed Robbery in St. Augustine, Florida, a man with a ski mask, pointing a gun in a gas station often comes to mind. This “traditional” armed robbery is not always the case. As in the St. Augustine Walgreen’s robbery, an armed robbery can be less aggressive. However, the penalties are just as heavy. Merely carrying a firearm during the commission of a robbery subjects the robber to Florida’s 10-20-Life Statute.

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).

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.

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