The law is constantly changing, and modifications to the definitions of crimes and sentencing requirements can impact the manner in which criminal cases are resolved. Even if an intervening change of law occurs, though, it may not be considered grounds for modifying a sentence once it has been imposed. This…
Articles Posted in Violent Crimes
Hanlon Law Explains Reasons to Hire a Domestic Violence Attorney After Being Accused of Domestic Violence
Hanlon Law, a criminal defense law firm based in St. Petersburg, Florida explains reasons why someone should hire a domestic violence attorney after being accused of domestic violence. Having an experienced St. Petersburg domestic violence lawyer working for you can make a tremendous difference in the outcome for you and…
Florida Court Discusses Grounds for Continuing Criminal Trials
While criminal defendants are not required to set forth a defense, many do, and it generally takes a substantial amount of time to gather the facts and evidence needed to refute the State’s claims. Thus, if a defendant is denied the right to have sufficient time to prepare a defense,…
Court Rejects a Florida Defendant’s Attempt to Set Forth Defenses Post-Conviction
There are numerous defenses and arguments a criminal defendant may be able to set forth to avoid a conviction or a severe sentence. As explained in a recent Florida case in which the defendant was convicted of numerous violent crimes, including first-degree murder, most defenses cannot be argued retroactively, however.…
Florida Court Discusses Burden of Proof for Mitigating Circumstances
The sentence imposed on a criminal defendant convicted of a crime depends on numerous factors, including whether the sentence should be increased or reduced due to any aggravating or mitigating circumstances. Thus, if a jury is not properly advised of the weight of such circumstances or how they should be…
Florida Court Discusses Felony Hazing as a Principal
Hazing is a long-standing tradition in many college fraternities and sororities. Hazing is also unlawful, and parties that engage in hazing can be charged criminally for any harm that occurs as a result of the hazing. Further, a person may be charged criminally for hazing even if he or she…
Court Discusses When Resumption of Questioning After Invoking Miranda Rights is Permissible in a Florida Carjacking Case
It is well known that criminal defendants have the right to remain silent and cannot be forced to testify against themselves but the nuances of the protections against self-incrimination are not understood by most people. In a recent case in which the defendant was charged with armed carjacking, the United…
Florida Court Discusses Right to Competency Hearing
In some Florida criminal cases, the defendant may choose to plead guilty for various reasons. Prior to permitting a defendant to enter a guilty plea, however, the court must determine if the defendant is competent to proceed. When the court fails to validly confirm a defendant’s competence the defendant may…
Florida Court Discusses Grounds for Acquittal
If you are charged with a crime, the State is required to produce competent evidence of each element of the crime to support a conviction. In cases where the State fails to produce any evidence that a crime was committed, it is grounds for an acquittal. In a recent case,…
Florida Court Rules Firing a Gun is not an Essential Element of Armed Robbery
While a criminal defendant can be convicted of multiple crimes arising out of a single criminal act in some cases, the law provides protection from multiple convictions where the crimes have the same essential elements. For example, a defendant cannot be convicted of felony murder absent evidence of an act…