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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. Continue Reading ›

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Florida law permits the courts to not only sentence people convicted of crimes to imprisonment but also to order them to pay restitution to their victims. Recently, a Florida court discussed the basis for imposing a restitution order in a battery case in which it affirmed the trial court’s sentence. If you are accused of battery, it is in your best interest to meet with a Tampa violent crime defense attorney to determine what arguments you may be able to assert in your defense.

Factual and Procedural Overview

It is reported that the defendant faced charges of high-speed or wanton fleeing, aggravated battery with a deadly weapon on law enforcement officers, and resisting officers without violence. His charges stemmed from a single incident in which he was involved in a car chase and reportedly rammed his truck into sheriff’s deputy vehicles. During the trial, conflicting evidence arose regarding whether the defendant’s vehicle hit the deputies’ cars or vice versa. The jury found him guilty of attempted aggravated battery and acquitted him of the principal offense of aggravated battery.

Allegedly, following the defendant’s conviction, the trial court sentenced him to prison and ordered restitution of $8,018.85 for the property damage inflicted on the sheriff’s vehicles. Although the defendant did not object to the restitution order during sentencing, he later contested it in a motion, asserting that he was acquitted of the charge forming the basis of the restitution. The court denied his motion, and he appealed. Continue Reading ›

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Florida’s sentencing guidelines set forth the minimum and maximum sentences that may be imposed for specific crimes. In addition to the standard sentence, the guidelines allow for enhancements if certain elements are met. There are requirements that must be met before an enhanced sentence can be imposed, however, as explained in a case recently decided by the District Court of Appeals of the Fifth District, in which the defendant was sentenced to an enhanced penalty following assault and battery convictions. If you are charged with assault, battery, or any other violent crime it is vital to engage a capable Tampa criminal defense attorney to assist you in formulating a defense and protecting your rights.

Facts Regarding the Charges and Conviction

The defendant was charged with aggravated battery and aggravated assault. The information alleged that the defendant committed an aggravated battery in the alternative. In other words, it alleged that the defendant used a firearm or knowingly caused great bodily harm in committing the battery. Following a trial, he was convicted of both counts. Regarding the aggravated battery charge, the jury included a special verdict that stated that the defendant possessed and discharged a firearm causing great bodily harm. Similarly, the guilty verdict for the aggravated assault charge contained a special verdict stating the defendant possessed and displayed a firearm in the course of committing the crime. The defendant was subsequently sentenced to twenty-five years imprisonment for each charge, after which he moved to correct the sentences, arguing they were illegal.

Enhanced Sentences

The post-conviction relief court granted the defendant relief as to the sentence for the assault charge. Thus, the appellate court only addressed whether the sentence for the battery charge was proper. The court noted that if a person is convicted of aggravated battery in which he or she discharged a firearm and as a result of the discharge caused great bodily harm, the person will be sentenced to an enhanced minimum sentence of twenty-five years imprisonment. To pursue an enhanced mandatory sentence due to the use of a firearm, however, the State is required to set forth the grounds for the enhancement in the charging document. The State’s failure to precisely charge the elements cannot be cured by a jury’s findings.
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The punishments for Florida drug crimes are often harsh. The legislature has not only criminalized the possession of illegal drugs but also has criminalized a plan, or conspiracy, to sell illegal drugs. As shown in a recent Tampa drug crime case, law enforcement attempted to convict a defendant for conspiracy to deliver cannabis, even though there was likely never any intent to actually make a drug sale.Three friends from the Tampa area made arrangements to meet the defendants to acquire cannabis. One of the passengers called the co-defendant multiple times to find out where to meet. When they arrived at the designated meeting spot, there was no one to meet them. After five or six minutes, the passenger called again. The conversation was suspicious, and the passengers continued to wait in the car. The defendants walked up to the vehicle, where one of the passengers held cash out of the door. The defendant approached the vehicle with a square piece of paper to distract one of the passengers. Instantaneously, the co-defendant pulled a gun from his waistband. The driver sped away but only made it a few feet before the co-defendant fired and shot one of the passengers in the face, causing serious permanent injuries. Florida’s Second District Court of Appeals affirmed the defendant’s aggravated battery conviction but overturned his conspiracy to deliver cannabis conviction.

Although the co-defendant physically committed the battery offense, Florida law criminalizes accomplices to a battery. The State is required to prove that the defendant intended for the battery to occur and did some act or said some words that assisted or furthered the battery.

The court of appeals found the evidence at trial to be sufficient. It was possible that both defendants created the cannabis sale as a ruse to commit another crime. The defendant also acted as a distraction so that the co-defendant had time to retrieve his firearm from his pants and shoot one of the victims. It appeared as though it were a pre-planned, coordinated effort in which the defendant intended to participate.

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Prosecutors are tasked with proving a defendant’s criminal intent for certain crimes. Often, Florida violent crimes with an intent component also carry a harsher sentence. For instance, aggravated battery requires proof of a specific intent to cause great bodily harm, whereas felony battery does not. In a recent Florida appeals court decision, the court upheld the jury’s finding of aggravated battery because the evidence showed an intent to not only strike a bar owner but severely injure him as well.

Late at night, the defendant arrived at a South Beach bar and began harassing a female bar patron. After the woman complained about the defendant’s behavior, the bar manager spoke to the defendant, who agreed to stop harassing the female patron. The defendant did not stop, however, and a security guard escorted the defendant outside. The defendant became enraged; he spit in the security guard’s face, stated that he would not leave, and threatened to kill the bar manager and the security guard. The bar manager called law enforcement after the defendant was escorted from the bar. The bar manager then stepped outside and was punched in the head by the defendant. When the punch connected, it knocked the bar manager unconscious. The bar manager fell backwards and hit his head on the ground. Medical expert testimony at trial indicated that the bar manager suffered brain damage as a result of the punch.

The defendant appealed the aggravated battery conviction because he argued that he did not have the requisite intent as required under Florida law. Florida statute section 784.045 provides that “[a] person commits aggravated battery who, in committing battery . . . intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.”

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