Generally, if people commit multiple criminal acts, they will be charged and tried for said offenses in a single case. If the crimes do not rely on the same evidence or otherwise overlap, however, they may be tried separately. This is especially true in cases in which evidence of one…
Articles Posted in Violent Crimes
Florida Court Explains Legally Inconsistent Verdicts in Criminal Matters
Under Florida law, the State can charge a defendant with felony murder if a person dies during the defendant’s commission of a felony offense. A conviction for a felony is an essential element of felony murder, and if the State cannot establish the defendant committed a felony crime, the defendant…
Court Explains Grounds for Imposing a Restitution Order in a Florida Battery Case
In Florida, people convicted of offenses involving bodily harm to another individual may face a variety of penalties. For example, in addition to being sentenced to jail time and probation, a person may be ordered to pay restitution fees. The courts can only order a defendant to pay restitution for…
Florida Court Analyzes Kidnapping Crimes in the Context of Other Offenses
It is not uncommon for people to be charged with multiple crimes stemming from a singular incident. While the State can lawfully bring such charges, the prosecution must nonetheless prove the discrete elements of each offense in order to obtain guilty verdicts. If the prosecution fails to meet this burden,…
Florida Court Examines Career Offenders as Defined by Federal Law
The federal legislature aims to prevent people with extensive criminal histories from continuing to violate the law. Thus, they enacted statutes that allow the federal courts to impose greater penalties on career offenders. Only people convicted of certain crimes will qualify as career offenders, though, as explained in a ruling…
Florida Court Upholds the Right to Pretrial Release
The Florida Constitution generally grants criminal defendants the right to pretrial release. There are exceptions to the general rule, however, such as when the conditions of release are inadequate to protect people in the community from the risk of physical harm or when the defendant is charged with a dangerous…
Supreme Court Discusses What Constitutes a Crime of Violence
If a defendant is convicted of a federal crime, the courts will consider numerous factors in determining an appropriate sentence. Among other things, the courts will assess whether the defendant brandished a firearm during the commission of the unlawful acts and whether the offenses in question constitute crimes of violence…
Florida Court Explains Self-Defense in the Context of Forcible Felonies
Under Florida law, the use of force is acceptable in certain circumstances. As such, a person charged with a crime involving the use of deadly force may be able to argue that the actions out of which the charges arose were justifiable self-defense. Self-defense is not justified if a person…
Florida Court Discusses the Evidence Needed to Convict a Defendant
In Florida, people can be charged with assault and other violent crimes, even if they simply intend to damage property. Regardless of the nature of the crime a defendant is accused of committing, though, the State must prove each element beyond a reasonable doubt, and if it fails to do…
Florida Court Discusses Evidence of Prior Crimes in Criminal Cases
In criminal matters, the prosecution bears the burden of proving, beyond a reasonable doubt, that the defendant committed the charged offense. Generally, the prosecution is permitted to introduce any relevant evidence in support of its position. Certain evidence, like prior convictions or bad acts, is typically deemed inadmissible, however, subject…