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Florida law provides mechanisms for correcting illegal sentences; however, such challenges must adhere to strict procedural and substantive requirements. This was demonstrated in a recent Florida ruling in which the court addressed a defendant’s attempt to use a procedural motion to contest the validity of his underlying conviction for burglary, reaffirming that such efforts are impermissible. If you face burglary charges, it is critical to consult a St. Petersburgh theft crime defense attorney to understand your legal options.

Case Setting

It is alleged that the defendant was convicted of burglary with assault or battery, a first-degree felony punishable by life imprisonment, in 1990. Following his conviction, the court sentenced him to life in prison. Decades later, in 2022, the defendant filed a motion under Florida Rule of Criminal Procedure 3.800(a), arguing that his life sentence was illegal because of an alleged jury instruction error during his trial.
 
Specifically, the defendant asserted that the jury had been erroneously instructed only on the lesser offense of burglary of an occupied structure—a second-degree felony punishable by a maximum of 15 years imprisonment—rather than burglary with assault or battery. He contended that this instructional error rendered his conviction for the greater offense invalid and, by extension, his life sentence illegal. The trial court denied the motion, finding it procedurally improper, and the defendant appealed.

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People convicted of sex crimes will often be sentenced to supervised release after their incarceration. Typically, the court will impose standard conditions as terms of the release. In certain instances, they may impose additional parameters, such as financial restrictions, to prevent the defendant from engaging in further criminal activity. As illustrated in a recent Florida sex crime case, as long as such terms are reasonably related to the sentencing factors, they will likely be upheld. If you are charged with a sex crime, it’s essential to understand your rights, and it’s wise to reach out to a St. Petersburg sex crime defense lawyer to evaluate your case.

Factual Setting and Procedural Background

It is alleged that the defendant was convicted of a child pornography offense involving electronic devices. His criminal history also included prior offenses related to child pornography and various sex crimes. In light of his criminal past and the nature of his offenses, the district court imposed a special condition of supervised release that prohibited him from incurring new credit charges, opening additional lines of credit, or making major purchases without prior approval from his probation officer.

It is reported the court imposed these financial restrictions to support the defendant’s compliance with other conditions of his supervised release, particularly the prohibition on using electronic devices. The defendant challenged this condition, arguing that it was not reasonably related to the sentencing factors outlined in 18 U.S.C. § 3553(a) and involved a greater deprivation of liberty than was necessary. Continue reading →

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Sex crime convictions can devastate people’s lives. In order to convict a person of a sex crime, though, the State must produce evidence sufficient to establish each element of the charged offense. Notably, they must do so based on the statute at the time the alleged crime was committed, not when the trial is conducted, as discussed in a recent Florida sex crime case. If you are accused of a sex offense, it’s important to understand your rights, and it’s advisable to contact a St. Petersburg sex crime defense lawyer.

Factual Background and Procedural Setting

It is alleged that the State charged the defendant with sexual battery on a victim under 12 years of age. Testimony at trial revealed that the victim, who was nine and ten years old at the time, visited her sister’s apartment where the defendant lived. During these visits, the defendant inappropriately touched the victim multiple times. Initially, the victim could not remember if the defendant’s fingers went inside her, but after her memory was refreshed with her deposition, she confirmed that they did.

Reportedly, before closing arguments, the trial court and parties discussed the jury instructions. The State requested that the jury be instructed under the 2022 version of the sexual battery statute, which had expanded the definition of sexual battery to include penetration of the female genitals, not just the vaginal canal. The defendant objected to the use of these definitions, but the court overruled the objection. The jury convicted the defendant of both sexual battery and lewd or lascivious molestation, and he was sentenced to life imprisonment. He appealed. Continue reading →

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Parents involved in custody disputes will often disagree with how the courts divide parental rights and parenting time. Regardless of whether a parent agrees with a court’s decision in a custody case, however, they must abide by it. If they do not, and take or retain a child without permission, they may be accused of kidnapping or interfering with child custody. If they are subsequently found guilty of such crimes, their penalties must align with Florida law, and if they do not, they may be vacated, as demonstrated in a recent Florida case. If you are charged with kidnapping, it is smart to meet with a  St. Petersburg kidnapping defense lawyer to assess your options.

Case Setting

It is reported that the defendant was convicted of kidnapping and interference with child custody. She challenged her convictions on the basis that she was entitled to a twelve-person jury under the Sixth and Fourteenth Amendments of the U.S. Constitution. The trial court denied this claim, leading to the defendant’s appeal.

Allegedly, the defendant also contested three aspects of her sentencing: the trial court’s consideration of injuries sustained by an aggravated battery victim, even though she was acquitted of aggravated battery and simple battery charges; the classification of kidnapping as a capital felony, which precluded her eligibility for a downward departure in sentencing; and the imposition of a $746 prosecution cost without proper evidence or factual findings to justify exceeding the $100 statutory minimum. Continue reading →

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People convicted of violent offenses will typically be sentenced to years in prison. Not all convictions are based on adequate evidence, though, and in many cases, there are grounds for challenging a jury’s verdict. People who wish to seek appellate or habeas relief must comply with the proper procedure, though, otherwise their challenges may be denied on procedural grounds. This was demonstrated in a recent Florida ruling in which the court granted the state’s motion to dismiss a habeas corpus petition, in part due to the defendant’s procedural defects. If you are accused of committing a violent crime,  it is prudent to talk to a St. Petersburg violent crime defense lawyer about your case.

Facts of the Case and Procedural History

It is alleged that the defendant was indicted for first-degree murder and attempted first-degree murder. The jury found the defendant guilty of the lesser offenses of manslaughter and aggravated assault with a deadly weapon, resulting in sentences of eleven years and five years in prison, respectively. The defendant appealed the convictions, but the state appellate court affirmed the decision. The defendant did not seek post-conviction relief in state court.

Reportedly, the defendant filed a federal habeas corpus petition raising several claims: that the trial court violated his federal rights by denying motions to dismiss under Florida’s Stand Your Ground law, for judgment of acquittal due to insufficient evidence, and because the indictment did not allege all crime elements. Additionally, the defendant claimed ineffective assistance of counsel for not moving to sever the charges and for failing to raise issues on appeal. Continue reading →

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The Florida courts staunchly punish sex crimes, especially when they involve minors. While the sentencing guidelines dictate what constitutes an appropriate punishment, they allow for enhanced sentences, if necessary, based on the facts of the case. In a recent Florida sex crime case, the court discussed the interpretation of the sentencing guidelines, ultimately determining that the defendant’s sentence was appropriate. If you are faced with accusations that you committed a sex crime, it is advisable to meet with a St. Petersburg sex crime defense lawyer to determine your possible defenses.

Case Setting

It is reported that the defendant arranged for the transportation of a 17-year-old girl from Texas to New Jersey to facilitate her involvement in commercial sex acts. Between February and April 2021, the defendant and the victim traveled through multiple states. During this period, the defendant instructed the victim to advertise sex work online, rented motel rooms for her, communicated with her regarding her activities, and took a portion of her earnings. A Florida Sherriff’s office rescued the victim during an undercover operation and arrested the defendant.

It is alleged that a federal grand jury indicted the defendant on four counts: knowingly transporting a minor for commercial sex acts, knowingly persuading a minor to engage in prostitution, using interstate commerce to promote prostitution, and knowingly transporting a person for the purpose of prostitution. The defendant pleaded guilty to all four counts without a plea agreement. The Presentence Investigation Report recommended a five-level repeat-offender enhancement under the Sentencing Guidelines. Continue reading →

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It is not uncommon for the State to charge people with multiple crimes related to a theft scheme. While it is not unlawful to charge people with numerous offenses at one time, the protections against double jeopardy prohibit a person from being tried or convicted more than once for the same crime. As such, any conviction that violates a person’s protections against double jeopardy must be vacated, as demonstrated by a recent Florida decision issued in a theft case. If you are faced with theft charges, it is smart to confer with a St. Petersburg theft crime defense lawyer to evaluate your options.

History of the Case

It is reported that the two defendants were both employed by a health services company. The first defendant served as the chief operating officer, while the second defendant was the executive director. Charges stemmed from their involvement in back-billing Medicaid for services that were never provided to patients. Both were charged with Medicaid provider fraud and grand theft. Following a joint trial, the jury convicted the first defendant of Medicaid provider fraud and grand theft with a value below $20,000, while the jury convicted the second defendant of Medicaid provider fraud and grand theft with a value above $20,000.

Allegedly, both defendants moved to vacate their grand theft convictions based on double jeopardy grounds, arguing that all elements of grand theft were encompassed within Medicaid provider fraud. The court trial court agreed and granted the defendants’ motions. The State then appealed. Continue reading →

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Posted in: Theft
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Under Florida law, people accused of committing crimes have the right to know the elements of the charged offense and the evidence the prosecution intends to introduce against them. As such, if the prosecution fails to provide them with such information and they are subsequently convicted, they may have grounds for pursuing an appeal. As illustrated in a recent Florida case, however, they must abide by the procedural rules, and if they fail to do so, their appeal will likely be denied. If you are accused of a violent offense, it is wise to meet with a St. Petersburg violent crime defense lawyer to develop a strategy for pursuing a good outcome.

Factual and Procedural History of the Case

It is alleged that the defendant was charged with burglary of a structure with assault or battery but was convicted of the permissive lesser included offense of burglary of an occupied structure. Prior to trial, he filed a motion to dismiss, claiming that dismissal was proper due to the state’s failure to provide him with discovery. The state had provided discovery for one of his other pending cases but not for the subject matter. At a hearing, the state explained the oversight, provided the defendant with additional discovery, and the trial court conducted a Richardson hearing to address the discovery violation. The trial court found a discovery violation but ruled it was not willful or intentional, offering the defendant additional time to prepare for trial, which he refused, insisting on a speedy trial.

Reportedly, during the trial, evidence showed that the defendant forcibly entered a business chased the owner’s stepdaughter inside, resulting in her injury. The trial court found him guilty of the lesser included offense of burglary of an occupied structure and sentenced him to fifteen years in prison. The defendant filed a motion to correct sentencing error, arguing that the information was insufficient to support the conviction. The trial court denied the motion, finding the information sufficient. The defendant appealed. Continue reading →

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Florida courts do not regard fraud schemes as victimless crimes; as such, they often deliver lengthy sentences to people found guilty of fraud offenses. Such sentences will typically be upheld unless a defendant can demonstrate that they are either substantively or procedurally unreasonable. In a recent fraud case, a Florida court discussed the considerations weighed in determining if a sentence is unreasonable. If you are accused of committing fraud, it is in your best interest to talk to a St. Petersburg fraud scheme defense attorney to evaluate what course of action you can take to protect your interests.

Factual History and Procedural Setting

It is alleged that in 2019, the defendant was indicted on multiple federal charges related to identity theft and access device fraud. The indictment stemmed from incidents involving fraudulent purchases made at a department store using a stolen credit card. The defendant ultimately pleaded guilty to conspiracy to commit access device fraud and aggravated identity theft. The presentence investigation report (PSI) detailed additional instances of criminal conduct, including intercepting packages and engaging in fraudulent financial transactions.

Reportedly, the PSI also outlined the defendant’s prior criminal history, including convictions for similar offenses. At the sentencing hearing, the district court considered the defendant’s age, criminal history, and ongoing fraudulent behavior. Despite the defendant’s motion for a downward variance, the court imposed a total sentence of 30 months imprisonment, consisting of 6 months for conspiracy to commit access device fraud and a consecutive 24 months for aggravated identity theft. The defendant appealed, arguing her sentence was unreasonable. Continue reading →

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Posted in: Fraud
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In Florida, convictions for sex crimes typically result in substantial penalties. In some instances, a criminal defendant will try to seek a downward sentence by highlighting mitigating factors in their favor. The Florida courts are not required to reduce sentences due to such factors, though, as illustrated in a recent Florida case. If you are charged with sex offenses, it is wise to confer with a St. Petersburg sex crime defense attorney to determine your options.

Factual and Procedural Background

It is alleged that the defendant was charged with numerous sex crimes involving minors, including creating, distributing, and possessing child pornography and transferring obscene materials to a minor. He entered guilty pleas to all of his charges without a plea agreement. Prior to sentencing, a presentence investigation report (PSI) was prepared describing his conduct. Specifically, it noted that he created videos of children being sexually abused, distributed them, and attempted to meet with up someone he thought was a thirteen year old child.

Reportedly, the advisory guidelines range the defendant’s charges was set at the statutory maximum of 960 months’ imprisonment, with a statutory minimum term of 180 months’ imprisonment. The defendant sought a downward variance from the guideline range to the statutory minimum, citing his difficult personal background marked by his mother’s alcoholism, mental health issues, and struggles with substance abuse. He argued that his mitigating circumstances warranted a lower sentence. Continue reading →