Criminal defendants have a right to be advised of the charges filed against them with ample time to prepare for trial. If the State amends the information charging the defendant shortly before trial, therefore adding a new charge, it may deny the defendant the constitutional right to prepare a defense and may be grounds for reversing any conviction arising out of the latest charges. This was demonstrated in a recent Florida case in which the defendant was charged with battery and later tampering with a witness. If you are accused of battery or assault, it is smart to confer with a Tampa violent crime defense attorney as soon as possible to protect your rights.
History of the Case
It is alleged that the State charged the defendant with aggravated battery on February 10, 2021. The charge stemmed from a December 26, 2020, incident where the appellant’s girlfriend informed law enforcement that, during an argument, the defendant physically assaulted her. She claimed he threw her to the ground, placed his knee on her neck, covered her nose and mouth, and punched her, resulting in a lost tooth. The girlfriend later recanted her allegations, claiming her injuries were due to a car accident. Despite a no-contact order, the defendant contacted the victim over 4,400 times while awaiting trial, allegedly instructing her on how to recant her statements.
Reportedly, five days before the trial, the State amended the information to include a new charge of witness tampering based on these phone calls. The defendant requested a continuance to investigate the new charge, but the trial court denied the request. The defendant was subsequently convicted on both counts and sentenced to concurrent thirty-year sentences, with a fifteen-year mandatory minimum on the aggravated battery charge.
Grounds for Granting a Continuance in a Criminal Case
On appeal, the court evaluated the trial court’s denial of the continuance request, considering whether the appellant had enough time to prepare for the new witness tampering charge. The court emphasized that the new charge, introduced just five days before trial, involved extensive evidence, including over 4,400 phone calls.
Given the complexity of the new charge and the lack of adequate time to prepare a defense, the court found that the appellant was prejudiced by the denial of a continuance. The court ruled that the trial court abused its discretion by denying the continuance request, vacating the conviction and sentence for witness tampering, and remanding for a new trial on that charge. The conviction for aggravated battery was affirmed without further comment. The case was remanded for resentencing based on a corrected scoresheet.
Speak to an Experienced Tampa Criminal Defense Lawyer
If you are charged with battery or any other violent offense, it is smart to speak to an attorney to gain a better understanding of your rights. The experienced Tampa violent crime defense lawyers at Hanlon Law understand what it takes to achieve favorable outcomes in criminal cases, and if you engage our services, we will fight tirelessly on your behalf. You can contact Hanlon Law using our online form or by calling 813-228-7095 to arrange a conference.