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Possession of a Firearm by a Convicted Felon is a second degree felony in Jacksonville, Florida. As a second degree felony, this crime is punishable by up to 15 years in Florida State Prison. In a Jacksonville Possession of a Firearm by a Convicted Felon Case, it is important to distinguish wether the defendant was in actual or constructive possession of the firearm. If the Jacksonville criminal defendant is in actual possession, there is a minimum mandatory prison term of three years, pursuant to Florida Statute 775.087 (Florida’s 10-20-Life Law). If the Jacksonville criminal defendant is in constructive possession of the firearm, this minimum mandatory sentence does not apply.

In Jacksonville, Florida, a defendant that commits certain crimes while using a firearm. In 1999, Florida enacted the 10-20-Life Law. The 10-20-Life statute mandates the following minimum mandatory sentences:

1. 10 years in prison for certain felonies, or attempted felonies, in which the offender possesses a firearm or destructive device;

2. 20 years in prison if the firearm is discharged; and

As a Jacksonville Child Custody Lawyer, we often have clients in Jacksonville who need help financing the costs of Florida child custody issues. The Orlando Sentinel reported that a father stole air conditioners to fund a Florida child custody battle. A Florida father is in jail after allegedly stealing from neighborhood homes in order to raise money to get custody of his daughter. It may be possible to discuss financing arrangements or borrow money from friends or family so that you can protect your children. It is important to discuss your facts and options with a Jacksonville Child Custody Lawyer.

In Jacksonville, Florida, 16 people were arrested on Sunday for Jacksonville underage drinking. Not only are the underage drinkers being arrested, but the police are especially interested in cracking down on individuals that give alcohol to underage drinkers. Both Jacksonville underage drinking and selling, giving, or serving alcohol to minors are misdemeanors which are governed by Sections 562.11 and 562.111 of the Florida Statutes.

To read more about Jacksonville Underage Drinking at Jacksonville Jaguars Games, go to First Coast News.

If you have been arrested for Jacksonville Underage Drinking or Selling, Giving, or Serving Alcohol to a Minor contact a Jacksonville Criminal Defense Attorney.

The Jacksonville Leaving the Scene of an Accident Involving Injuries to Persons can be found in Florida Statute Section 316.027. Jacksonville Leaving the Scene of an Accident resulting in a crash that causes death or injury is a felony. However, the degree, or seriousness, of the felony will depend on the injuries that occurred. If a driver is involved in a crash resulting in bodily injury and leaves the scene, this is a third degree felony, which is the lowest degree of felonies. If the crash resulted in death, the charge is much more serious.

Florida Statute Section 316.027(1)(b) states:

“the driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the first degree”

In Jacksonville, Florida, a plea of guilty or no contest in a criminal case must be entered into voluntarily. Rule 3.172(c) of the Florida Rules of Criminal Procedure requires that the trial judge determine the voluntariness of a plea by placing the defendant under oath, addressing the defendant, personally, and determining that he or she understands certain facts and consequences. Normally, the judge will engage in a conversation, plea colloquy, with the defendant to make sure that the defendant understands what he is doing and understands the rights that he is waiving.

In State v. Avila, the Florida Third District Court of Appeals ruled that the burden of proof lies with a defendant to prove that the plea colloquy given to him by the judge was not proper. Once the defendant meets this burden, the burden of proof shift to the State.

If you have recently pled guilty or no contest to a crime and were not fully informed by the court of the consequences, you may be able to withdraw your plea. For more information, contact a Criminal Defense Attorney.

In many Jacksonville rape cases, consent is valid defense. In Jacksonville sex cases, if both parties willingly enter into sexual intercourse, a rape cannot occur. However, consent is not always a defense. In some Jacksonville rape cases, consent does not matter. In cases of sexual battery by an adult on a minor, the consent of the minor does not matter. Therefore, consensual sex is not a defense to Jacksonville “Statutory Rape” charges. Florida Statute Section 794.011(8) specifically states that, without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:

1. solicits that person to engage in any act which would constitute sexual battery commits a felony of the third degree;
2. engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery commits a felony of the first degree; and
3. engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony.

If you are charged with Jacksonville Sexual Battery, it is important to discuss this Sexual Battery law and and the facts of your case with a Jacksonville Sexual Battery Lawyer,  at (904) 685-1200.

Florida Statute Section 794.011 governs Jacksonville Sexual Battery arrests. This Florida law defines “sexual battery” as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”

In a Jacksonville Sexual Battery case, actual force is not needed. Under Section 794.011(4)(a)-(g), Jacksonville sexual battery can occur when:

(a) when the victim is physically helpless to resist;

As a Jacksonville Criminal Lawyer, I have seen many videotaped confessions. I have read more handwritten confessions than I can count. I have heard Jacksonville police officers and detectives testify as to my clients’ confessions on numerous occasions. Many people believe that if a Jacksonville Criminal Defendant confesses to a crime, he must be guilty. This is not true. There are many reasons that a person may confess to a crime that he did not commit. Read an article just posted by the New York Times entitled “Confessing to a Crime, but Innocent” for deeper insight.

Jacksonville Sexual Battery is a felony in Florida. The felony’s degree (level) will depend on the seriousness of the Jacksonville sexual battery. Under Florida Statute Section 794.011:

1. a person 18 years of age or older who commits or attempts to commit sexual battery and injures the sexual organs of a person less than 12 years of age commits a capital felony;
2. a person less than 18 years of age who commits or attempts to commit sexual battery upon, and injures the sexual organs of a person less than 12 years of age commits a life felony;