The Difference Between Battery and Aggravated Battery in Florida Criminal Court

Simple Battery in Florida

If you have been arrested in Florida for battery, your first concern should be whether the battery you are charged with is “simple” or “aggravated”. If the battery is simple, this means that you touched a person against their will without any sort of weapon; that person was not over 65 or pregnant; and the injury, if any, that occurred was not permanent. For example, a simple battery occurs when John Smith punches Bob Jones in the face with his fist and only causes a temporary black eye. The Florida Statute to refer to for simple battery is Florida Statute section 784.03 Read More

Can A Domestic Violence Victim Drop Charges?

In short, the answer is legally no, but indirectly yes.

First of all, important to note is what exactly is domestic violence. In Florida, Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Florida Statutes 741 and specifically 741.28 define domestic violence in Florida. Read More

How To Avoid Having Your Identity Stolen

For most people, having a cell phone or mobile device on them at all times is normal. In these technologically advanced times we live in, staying connected is very important. The more you live your life online, the higher your risk will become of having your identity stolen. This type of cyber crime can lead to a variety of negative consequences.

If you have been wrongly convicted of stealing someone’s identity, then contacting an expert criminal defense lawyer Miami for help.

How To Prevent Identity Theft From Happening

Below are some of the things you need to consider when trying to avoid having your identity stolen.

Avoid Over-Sharing Online

Social networks are one of the most popular things on the internet. Whether using Facebook or Twitter, you will need to be aware of the amount of information you are sharing. Most people have a tendency to divulge too much information on social media, which could lead to hackers being able to steal your identity. The only things you really want to share on these social networks are details you don’t mind being a matter of public record.

Anti-Virus Software is a Must

The next thing you will need to focus on when trying to avoid having your identity stolen is keeping your computer’s anti-virus software up to date. There are a variety of viruses out there that are designed to infiltrate your computer and steal any personal information that may be contained on it. Investing in top-notch software, you will be able to keep the information you have on your computer out of the hands of hackers.

Be Protective of Sensitive Mail

If you are like most people, then you receive a lot of mail with your sensitive information on it. Merely throwing this mail out without taking steps to protect this information can lead to a number of problems. If this information falls into the wrong hands, it could lead to you having your identity stolen. Buying a paper shredder is a great way to destroy the sensitive information on your mail before putting it in the trash.

Watch Out For Suspicious Emails

One of the most common methods used by hackers to obtain sensitive information is to send out scam emails. These emails will usually make claims like you have free money to get or a prize is being given. The last thing you want to do is click on any links in an email from an address you do not know. Clicking on these links will lead to your computer getting a virus and in your sensitive information getting stolen. When you see these emails arrive, the best thing you can do is delete them without opening them.

Also Read: Working with A Miami Criminal Defense Attorney – What to Expect

Contact An Experienced Miami Cyber Crime Attorney

If you have been arrested for cyber crimes, the first call you need to make is to the Hansen Law Firm PA. Our team will be able to schedule you a consultation where you will be able to give us the details of your case. Once we have all of the details of your case, we can let you know whether or not we can help.

Social Media: Is it a Loophole for Florida Sex Offenders?

Today, over 65% of all adults in the United States use social media on a regular basis.

This is a number that continues to grow. Social media is not integrated into many parts of your day and has become ingrained on society. However, with this extremely powerful communication platform, many questions come up about how it is used and who is allowed to use it.

Sex Offenders and Social Media

An extremely hot topic for many pundits, lawyers and lawmakers is whether or not convicted sex offenders should be allowed to access and use various social media platforms.

After all, these sites are a hot bed for predators and sex offenders who are trolling for their next victim. As a result, it makes sense that the court would want to keep these individuals off these social platforms when they are released from jail.

The problem is, courts have determined that banning a convicted sex offender from social media is a violation of their first amendment rights. It is also believed that this action can slow their reentry into society.

Even with this information, there are several states that have passed various laws to ban convicted sex offenders from using social media; however, unfortunately, the majority of these laws wound up being overturned in court.

Florida’s Take on Social Media Use for Sex Offenders

Right now, Florida doesn’t have any type of ban on social media for registered Florida sex offenders. However, the Florida has implemented a few rules for these individuals to follow.

For example, judges have the right to mandate certain rules for using the internet while the individual is still under supervision. In most cases this includes:

  • Providing their login information for all social accounts to their supervisor
  • Submitting to checks and monitoring of how they use their social accounts
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    Florida’s New Law On Mandatory Minimum Sentencing

    In July, a new law was passed that has significant implications for anyone who has been arrested for a crime in which mandatory minimum sentencing guidelines would be in effect.

    This specifically relates to mandatory minimum sentences for aggravated assault. This could have significant consequences for you if you have recently been arrested for or convicted of assault in Florida. It is essential to contact an experienced criminal defense attorney in Florida as soon as possible after you have been accused in order to fully understand your rights.

    The laws surrounding not just assault but other types of criminal cases can be extremely complex and confusing. After being arrested and accused of a crime, the experience can be overwhelming for someone who is not sure what to expect. It is strongly recommended that you exercise your rights to remain silent and consult with an experienced attorney as soon as possible.

    Police officers interrogating you may wish to give you the impression that all hope is lost and that there is nothing you can do to help your case. This is because they are trying to encourage you to cooperate with them. But it is often not in your best interests to cooperate with the police officers who may simply be trying to glean more information from you.

    Although they may promise you that speaking to them will make your life easier, this is not always the case. The only person who can truly help you in this situation is an experienced Florida criminal defense attorney.

    Whether you have been accused of assault or any other crime in the state of Florida, you need an attorney who understands the full extent of the law and how to protect you within it.

    Developing a defense strategy as soon as possible and exploring all possible avenues for a meaningful defense on your behalf can give you a great deal of peace of mind and also increase the chances of your success.

    What the New Law Says

    Aggravated assault is now no longer included on the list of gun associated crimes that come with an automatic mandatory minimum prison sentence of 2 decades or 20 years, if either one of the following situations applies:

  • The individual possessed a semiautomatic firearm during the commission of the offense and a high capacity detachable box magazine or a machine gun.
  • The convicted individual possessed a destructive device/ firearm while committing an offense.
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    Five Types of White Collar Crime

    There are numerous different examples of white collar crimes that can put accused individuals at risk for facing significant penalties like jail time, fines, and other consequences.

    Being accused of white collar crime in and of itself is an unfortunate situation that can generate confusion and a sense of overwhelm. This is why it is important to retain an experienced attorney as soon as possible.

    A knowledgeable Florida criminal defense attorney can explain your rights to you immediately after you have been arrested and advise you against making some of the most common mistakes that criminals tend to make immediately after an arrest.

    Protecting Your Rights After Being Accused of a Crime

    Understanding your rights and responsibilities as an accused criminal is important. In situations where police officers or others have overstepped their bounds and have violated your constitutional rights you may be able to have your charges reduced or dismissed entirely.

    Keeping track of the circumstances of your arrest and your interrogation at the police station are important so that you can present them to your Florida criminal defense attorney and get a clear overview of how this might affect your case. What follows are five of the most common examples of white collar crimes.

    Financial Fraud

    The first type of white collar crime is financial fraud. This related to any kind of fraudulent activity associated with check forgery, mortgage fraud, commercial loans, false applications, kiting checks, and counterfeiting negotiable instruments. You may be facing penalties like jail time and fines if you are arrested and convicted of these crimes.

    Healthcare Fraud

    Another common type of fraud is healthcare or medicare fraud. This usually relates to doctors or medical facilities who have billed for services that have not been performed or have been accused of accepting kickbacks, have billed for services performed by a less qualified individual or have ordered unnecessary equipment for patients.

    Healthcare fraud applies to all individuals in the healthcare industry including ambulance services, hospitals, home healthcare, psychiatric hospitals, doctors, pharmacies, laboratories, chiropractors, and nursing homes.

    Credit Card Fraud

    Credit card fraud is an increasingly common criminal charge in the United States with the rise of stolen credit and debit card information and other personally identifying details. Credit card fraud involves using someone’s personal information to make unauthorized purchases.

    Computer Fraud

    Another common type of fraud that is classified as a white collar crime is known as computer fraud. This involves the taking of proprietary information, bank or credit card details through a computer. All of these situations can lead to fraud charges. If you suspect that you’re being investigated for this, get help now.

    Theft and Embezzlement

    The final type of common white collar crime charge has to do with theft allegations such as embezzlement or misappropriation of property. This involves situations where an individual has allegedly taken goods, money or services or when an employee has done this.

    Blackmail may also be classified under this umbrella of fraud because it involves demanding money in exchange for not damaging property, not causing physical harm or even accusing someone of a crime or threatening to expose their secrets.

    One of the biggest mistakes you can make is to try to handle this situation on your own. Police officers and detectives may try to convince you that you need to consult with them in order to cooperate, but you do have a legal right to an attorney and it’s well worth exercising that right.

    It’s never easy to find yourself in this situation where you are accused of a crime, but only a lawyer can keep you fully informed about your rights and the recommended next steps. Your future could be on the line, so don’t wait to get the help you need.

    All of these allegations are extremely serious and require the insight of an experienced white collar criminal defense attorney. One of the most common defenses for white collar criminal defense is entrapment in which government personnel have given the defendant the opportunity to commit criminal acts that otherwise that individual would not have committed.

    Get in Touch with Miami Criminal Defense Attorney Today

    Many of the other common defenses associated with white collar crime include situations such as duress, incapacity, intoxication or insanity. If you have recently been accused of any type of white collar crime in Florida, it is imperative that you get help from a knowledgeable attorney as soon as possible to protect yourself.

    Learn, Top four common federal crimes: http://thehansenlawfirm.com/2016/10/10/top-four-common-federal-crimes/ Read More

    I Spanked My Child, Am I Going To Jail?

    If I spanked my child, am I going to jail? The answer is, most likely not, however, it depends on a variety of factors. This article explains what can and cannot get you arrested for battery when punishing your child by physical means. Please note that I in no way condone even touching your child, however, it is important to be educated on this topic and learn what the State of Florida finds legal and illegal. I must say, it is quite interesting.

    I recently won a case via a Motion to Dismiss which I filed on behalf of my client who was accused of Simple Battery against his 15 year old daughter, in violation of Florida Statute §784.03.

    My client, a prominent professional, had a lot on the line to lose if convicted of battery. Therefore, as always, I thoroughly researched the facts of his case and, in doing so, learned that what the police stated he did, was in fact not a crime within the state of Florida.

    In the state of Florida , a parent may assert, as an affirmative defense to child abuse or battery, his or her parental right to administer “reasonable” or “non excessive” corporal punishment on a child.

    Florida upholds a well-established principle that a parent, or one acting in loco parentis, does not commit a crime by inflicting corporal punishment on a child subject to his authority, if he remains within the legal limits of the exercise of that authority. So you might be thinking: when I’ve spanked my child, does that count as corporal punishment?

    But what is “reasonable” or “non-excessive” corporal discipline? Florida Statute § 39.01(30)(a)4 provides that inappropriate or excessively harsh disciplinary action is action that is likely to result in physical injury,  mental injury or emotional injury.

    In determining whether injury has occurred, the following factors must be considered in evaluating any physical, mental, or emotional injury to a child: the age of the child; any prior history of injuries to the child; the location of the injury on the body of the child; the multiplicity of the injury; and the type of trauma inflicted. Such injury includes, but is not limited to:

    Willful acts that produce the following specific injuries:

  • Sprains, dislocations, or cartilage damage.
  • Bone or skull fractures.
  • Brain or spinal cord damage.
  • Intracranial hemorrhage or injury to other internal organs.
  • Asphyxiation, suffocation, or drowning.
  • Injury resulting from the use of a deadly weapon.
  • Burns or scalding.
  • Cuts, lacerations, punctures, or bites.
  • Permanent or temporary disfigurement.
  • Permanent or temporary loss or impairment of a body part or function.
  • Read More