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In Florida, there are numerous crimes that are similar but distinct. For example, battery can be charged as a misdemeanor or a crime of domestic violence. While the distinction may seem irrelevant to the average person, there are significantly different penalties imposed for each offense. As such, if a defendant is sentenced based on the incorrect battery charge, it may constitute grounds for a reversal. This was demonstrated recently in a Florida case in which the court determined that the defendant was entitled to resentencing after the instructions delivered to the jury at his trial failed to mention domestic violence. If you are accused of battery, it is advisable to contact a St. Petersburg violent crime defense attorney to determine what defenses you may be able to assert.

Procedural History of the Case

Reportedly, the defendant was charged with multiple crimes, including domestic battery. The instructions given to the jury during his trial failed to mention domestic violence in any way, however. Instead, the instruction merely referred to the general battery statute.  The jury nonetheless convicted the defendant of domestic violence battery. The sentencing court subsequently treated the battery charge as a crime of domestic violence and sentenced the defendant accordingly. The defendant appealed, arguing that his sentence was improper.

Sentencing for Florida Battery Crimes

The appellate court agreed with the defendant and ruled that he was entitled to resentencing. The appellate court explained that, under Florida law, battery may be considered a first-degree misdemeanor if it is the offender’s first conviction. In order for battery to be weighed under the domestic violence statute, it must include the death or physical injury of one household or family member by another household or family member. Continue reading →

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If you have been charged with a crime, it is important to seek legal representation as soon as possible. A criminal attorney in St. Petersburg, Florida, can help you understand the charges against you and develop a defense strategy. It may be possible to negotiate a plea bargain with the prosecutor in some cases. However, it may be necessary to go to trial and fight for your freedom in other cases.

If you’ve been arrested, it’s important to have a criminal defense attorney on your side who can help you build a strong case.

If you’re facing criminal charges, don’t hesitate to contact a criminal defense lawyer today. A criminal defense attorney in St. Petersburg, Florida, can help you understand your rights and the legal process, as well as represent you in court. They can also advise you on whether to take a plea bargain or go to trial. They may be able to help get your charges reduced or even dismissed altogether.

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If you have been charged with a crime, it is important to seek legal representation. A criminal defense lawyer can help protect your rights and guide you through the criminal justice system. This blog post will discuss some of the basics of criminal defense law in St. Petersburg, Florida. We will cover topics such as bail, plea bargains, and sentencing. If you have been arrested or are facing criminal charges, please contact a qualified criminal defense lawyer at Hanlon Law immediately!

If you are arrested, remain silent and contact a lawyer immediately.

If you are arrested, the police will ask you to question you. Never make statements before speaking with a lawyer. The prosecution can use anything that you say against you in court. Never answer questions without your attorney present, even if the police officer assures that it is only for his protection or well-being. There’s no such thing as “speaking off the record.” Anything and everything you tell law enforcement officials can be used against you later in court proceedings. There have been countless instances where suspects confessed to terrible crimes after enduring long hours of questioning, even when they were innocent!

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If you need a criminal lawyer in St. Petersburg, Florida, you have come to the right place. Our firm has over 25 years of experience defending clients who have been accused of all types of crimes. We understand that this can be a difficult time for you and your loved ones, and we will do everything we can to help you get through this ordeal. This blog post will discuss what to expect when working with a criminal lawyer in St. Petersburg, Florida.

What to do if you are arrested?

As soon as you are arrested, the police will read you your Miranda rights. These rights include the right to remain silent and not answer any questions, the right to hire a lawyer, and that anything you say can be used against you in court. You should always exercise these rights by remaining silent and asking for a criminal attorney. When talking with law enforcement officials regarding criminal charges, you should not speak unless an attorney is present. Never volunteer information or tell anyone about your case without consulting with a criminal defense lawyer in St Petersburg, Florida.

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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 was demonstrated recently in an opinion issued by a Florida court in which it denied a defendant’s request for compassionate release that was triggered by a change in the definition of a crime of violence. If you are accused of a violent crime, it is in your best interest to meet with a St. Petersburg violent crime defense attorney to discuss your rights.

The Defendant’s Sentence and Appeal

It is alleged that in 2015 the defendant entered a guilty plea to Hobbs Act robbery via a written plea agreement that included a waiver of the right to appeal his sentence. During his sentencing hearing, he was deemed a career offender on the grounds that he had two prior violent crime convictions and Hobbs Act robbery qualified as a crime of violence. He did not object to the designation and was sentenced to 151 months in prison.

Reportedly, although the defendant did not appeal his sentence, his two codefendants did on the grounds that Hobbs Act robbery was not a crime of violence. Their challenges were successful. In 2020, the defendant filed a motion seeking a sentence reduction based on compelling and extraordinary reasons, namely that Hobbs Act robberies were no longer deemed crimes of violence. The court denied the motion, and the defendant appealed. Continue reading →

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Being accused of a crime can cause a massive setback in an individual’s life, making the performance of one’s daily activities a struggle. The criminal attorneys at Hanlon Law are here to ensure that people accused of a crime get the fair legal representation they deserve. Hanlon Law is an award-winning and publicly acclaimed legal team founded over 20 years ago. Some of the cases handled include sex crimes, aggravated assault, domestic violence, DUI charges, and drug crimes.

(St. Petersburg, FL February 2022) Criminal attorney Will Hanlon is dedicated to fighting for the rights of the accused for a wide range of offenses under Florida and federal laws. Mr. Hanlon has a deep understanding for each of his client’s situations and provides an aggressive approach in defending his client’s freedom.

As a top-rated criminal lawyer in St. Petersburg, he has over two decades of experience representing St. Petersburg clients charged with offenses ranging from sex crimes, aggravated assault, domestic violence, and drug crimes. Mr. Hanlon brings the same zealous advocacy to the courtroom no matter the case.

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While they do not have an obligation to do so, criminal defendants can introduce expert testimony in their defense. Such evidence must meet certain qualifications to be admissible, however, which means in part that it must be relevant. In a recent matter in which the defendant’s conviction for child pornography crimes was upheld, a court explained when a defendant’s motion to present expert testimony should be denied. If you are accused of a sex crime, it is advisable to confer with a Florida sex crime defense attorney to assess what evidence you may be able to introduce in your defense.

The Facts of the Case

It is reported that the defendant and her boyfriend had two minor children together. The boyfriend was a pedophile, and when he was away from home, the defendant would send him naked images and videos of their daughters. The defendant was charged with possessing and producing child pornography. During her trial, she moved to introduce expert testimony related to her intellectual disability from a psychologist. The court denied her motion. She was subsequently convicted, after which she appealed.

Admissibility of Evidence in Favor of the Defendant

On appeal, the defendant argued that the trial court’s refusal to allow her to introduce expert testimony regarding her disability shattered her defense and therefore violated her constitutional rights. The court rejected her reasoning, noting that her expert’s testimony was not connected to any theory of defense that was accepted under the law. As such, it affirmed the trial court ruling. Continue reading →

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If you are looking for a criminal defense lawyer in St. Petersburg, you have come to the right place. This comprehensive guide will discuss everything you need to know about finding the right criminal defense lawyer for your needs. In addition, we will cover topics such as what to look for in a criminal defense lawyer, comparing different lawyers, and what questions to ask before hiring. So, whether you are facing criminal charges for the first time or have been arrested before, read on for helpful advice on finding the best criminal defense lawyer in St. Petersburg!

What to look for in a criminal defense lawyer?

When you are looking for a criminal defense lawyer, it is vital to find someone who has the experience and knowledge to help you with your case. In addition, you need someone who can navigate the legal system and protect your rights.

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Hanlon Law is a premier criminal defense law firm in St. Petersburg, Florida. In a recent update, the firm shared the importance of hiring a criminal defense attorney.

(St. Petersburg, FL January 2022) In a website post, Hanlon Law has highlighted why someone should hire a St. Petersburg criminal defense attorney and what sets them apart from other firms.

If you have been charged with a sex crime, a gun crime, a drug crime, or any other criminal offense, you should retain legal counsel from a defense attorney at Hanlon Law. What makes the firm and its top criminal attorney William Hanlon unique is his adept understanding of each of his client’s circumstances along with his determination in protecting his client’s future and freedom. William and his legal team work hard to provide a vigorous defense for their clients. Alongside that, here are the other reasons why one should hire a criminal defense attorney at Hanlon Law.

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Hanlon Law, a criminal defense firm in St. Petersburg, Florida recently discussed some of the key reasons to hire a St. Petersburg DUI lawyer after being arrested for DUI. Currently, Hanlon Law offers exceptional legal services and has defended thousands of clients accused of a myriad of DUI charges.

(St. Petersburg, FL January 2022) Attorney William Hanlon, a St. Petersburg criminal defense attorney, recently discussed some of the key reasons to hire a DUI lawyer after being arrested for DUI. The St. Petersburg criminal defense law firm said they are currently one of the few legal teams that strategizes a more in-depth approach in defending their clients. This is because they handle DUI cases daily, from arrest to trial, and know some of the best defense strategies in representing their clients.

A Florida DUI is a serious criminal offense that may carry either misdemeanor or felony penalties. According to the criminal attorneys at Hanlon Law, the penalty for a DUI misdemeanor or a felony can range from probation to jail depending on the client’s background and the nature of the facts.  They added that DUI charges only result after it is proven that someone is operating a vehicle under the influence of drugs or alcohol. In most cases, if the blood alcohol level is 0.8% or more during the time of arrest. They further noted that DUIs have different penalties, and each is handled differently depending on the circumstances leading to them.

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