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Think You Know What Aggravated Assault Is?
Have you been charged with aggravated assault? Are you unsure of what that charge actually means and what the possible consequences of such a charge are? If so, then our criminal attorney in Miami wants to share some important information with you.
Aggravated Assault Defined
As per Florida Statues, Section 784.021, aggravated assault involves four different elements:
- The person who is accused unlawfully or intentionally threatened another individual, either by word or by action, to commit an act of violence.
- When the threat was made, the person who was accused seemed to have the ability to act on the threat that was made.
- The threat that the accused made toward the victim made the victim feel threatened that a violent act was going to be committed against him or her.
- The assault was made with a deadly weapon or with a well-formed intent to commit a felony.
Basically, aggravated assault is any assault that involved the use of a deadly weapon (a knife, a gun, a blunt object or any other object that could cause serious bodily injury or death), or the accused has the intent to commit a felony.
Accused of Cyberstalking? Don’t Let the Police Search Your Phone
If you have been accused of cyberstalking, the last thing you should ever do is hand over your phone to the police. No matter what they promise you, even if that promise if having the charges dropped, don't give into the temptation of letting the police search your phone.
Why shouldn't you give the police your phone? - Because they want to use it to collect evidence that they can use against you, which could put you in an even more serious legal situation. If you have been accused of cyberstalking, the first thing you should do is contact a Miami criminal defense attorney as soon as possible. An experienced attorney from a criminal law firm in Miami will be able to help guide you through the legalities that are involved with your accusation.
What is Cyberstalking?
Cyberstalking usually happens when a person uses a form of electronic communication, such as email, text messaging or social media, to harass, intimidate or bully another individual. It can involve anonymously sending text messages, sharing private information about the victim, sending sexually offensive emails or posting hateful and/or threatening comments toward another person online.
What Kinds of Testimonial Privileges Do You Have in a Criminal Case?
Are there certain privileges that protect us from the testimony of others in a criminal law court? Although most individuals understand such basic rights as immunity from self-incrimination, it's less common knowledge that laws exist to protect one from the testimony of others in specific circumstances. Our Miami criminal defense lawyers have tremendous success in dealing with matters pertaining to these privileges. These privileges vary according to state and federal laws respectively, although sometimes they are available under both. It's usually the defendant or the attorney who invokes these privileges.
In these cases the defendant will usually object to testimony that could be prevented through official privileges. If you'd like to discuss the following privileges with a Miami criminal attorney, we may be able to use these in your specific case. Nonetheless, here are some of the possibilities for privileges available:
Doctor-Client Privileges:
Want a Medical Marijuana Card in Florida? We Can Help!
Like most Florida residents, you've heard about medical marijuana on the news recently but have no clue how the system works. If you want a medical marijuana card in Florida, call our Miami drug crime lawyer and find out if you're entitled to a card under the new law, 305-615-1285 . Qualified patients can have their marijuana card within the next month!
On June 23rd, 2017, Governor Rick Scott signed Senate Bill 8A, establishing a framework for medical marijuana in Florida.
You May Be Entitled to Medical Marijuana if You Suffer From:
- Cancer
- Epilepsy
- Glaucoma
- HIV/AIDS
- PTSD
- ALS
- Crohn's Disease
- Parkinson's Disease
- Multiple Sclerosis
- Anxiety
- Anorexia
- Arthritis
- Back Pain
- Cachexia (Wasting Syndrome)
- Cyclical Vomiting Syndrome
- Diabetes
- Hepatitis C
- Irritable Bowel Syndrome (with chronic abdominal pain)
How The Necessity Defense Works in DUI Charges
In some circumstances, a person facing DUI charges in the state of Florida may claim their driving under the influence was necessary because of some emergency-type situation. Not only has our Miami criminal defense firm dealt with situations where these exceptions applied, but we've been successful in winning these cases.
This type of exception was recently illustrated by the Driggers v. State case which took place in the Florida's Fifth District Court of Appeals. The six components of a necessity defense were explained during the case. These are as follows:
1. There must be reasonable grounds for the defendant having believed that an emergency truly existed, as opposed to creating a false emergency.
2. The danger or the threat thereof should, apart from being real also be both "imminent and impending."
3. This danger must constitute a threat which can cause significant harm to the suspect or another person.
Do Inmates Need Access to the Internet?
The decision by some states to give convicts internet access wasn't an arbitrary or haphazard decision. In a world where it seems as if life is changing exponentially faster, keeping inmates away from technology could cause society more harm than good. Yet out of all the US states, there are only four which allow some limited form of access to the internet. Some policy makers have argued that, much like shelter and food, the internet is a basic necessity and therefore a human right. This argument is open to debate and there are reasons that prisoners shouldn't be deprived of internet access altogether.
In recent history, the case of Michael Santos stands out as an important marker in the argument for prisoners' internet rights. After his 25 year sentence was served, he added his voice to the debate from his first-hand experience as a prisoner. Without internet access, prisoners live in a very real sense of isolation from the real world. This strongly disrupts their chances of true rehabilitation after release. They are also cut off from conversations within and surrounding technological awareness. This in turn means they have difficulties integrating back into the world.
Who Can't Own a Firearm in Miami? A Criminal Defense Lawyer Explains
Florida is one of the more lenient states in terms of firearm possession laws. Miami does not require residents to have a permit should they decide to purchase shotguns, handguns, or rifles. Carrying a handgun does however require a concealed carry permit.
Our Miami criminal law firm has dealt with countless cases relating to gun laws. In order to save you time, we've summarized the most important information below.
Florida Gun Laws Under the Magnifying Glass
- No requirements for permits in the purchase of rifles, shotguns or handguns
- Apart from special exceptions, open carry of any firearm is illegal.
- Carrying a concealed weapon does require the appropriate license.
- "Duty to retreat" law does not apply in cases where the resident has lawful presence.
- "The Stand Your Ground Law" applies in Florida.
Lax though gun laws may be, they do not unfortunately apply to every Florida resident. Section 790.23 states that some classes of people are prohibited from purchasing, carrying, owning or even operating firearms altogether, specifically convicted felons and those found delinquent of felonies.
When You Have to Give a DNA Sample - Call a Criminal Defense Attorney
If you've ever watched crime television shows, you'll be quite familiar with the idea of DNA sampling for the purpose of allowing law enforcement to match a suspect to a crime scene.
Florida Statues, Section 945.325, are clear on just how important DNA databases have become for modern criminal investigations. Not only are they used to identify criminals, but they're equally helpful in ruling out certain suspects as well.
All About DNA Databases
To give you an idea of how important DNA analysis has become, the state of Florida and every other US state has declared that it's in the best interests of the public to maintain a nationwide DNA profiling system. This includes samples from individuals who have committed specific types of misdemeanors, as well as specific kinds of felonies.
The name of this database is "CODIS," which stands for "Combined DNA Index System."
Any kind of biological evidence recovered from the scene of a crime can be added to CODIS and compared with the already-existing profiles. When there is a match between the profile and the relevant sample, serial rapists or murderers can in theory be quickly identified by law enforcement. An experienced Miami criminal defense attorney knows that the truth isn't always as straightforward.
Marijuana Possession Penalties in Miami, Florida
If you keep track of the news, you know that marijuana has been a topic of intense debate over the last year in Florida. Our criminal lawyer in Miami knows this all too well. So what's all the fuss? Presently marijuana is considered a schedule 1 controlled substance, meaning that the FDA doesn't consider it to have any medical applications.
Many medical experts, scientists and researchers are in strong disagreement with this idea, and we are as well. Especially since a growing number of scientific studies have shown the efficacy of cannabinoids as a therapy for a litany of diseases. Our knowledgeable Miami criminal defense lawyer will aggressively fight to protect clients from incrimination for marijuana possession charges.
Medical grade marijuana is already used as a therapy for such conditions as:
- Arthritis
- Cancer
- HIV/AIDS
- Neuropathic pain
- Multiple sclerosis
- Glaucoma
- Anorexia
- And many other diseases
Beating Drug Possession Charges in Miami, FL - Laws in Miami
If you're facing drug possession charges in Miami, you may have an underlying drug problem you are unaware of. Most non-users don't understand the real challenges drug addicts face on a daily basis. You may know people who are still under the assumption that drug addicts are simply lazy or weak-willed.
Of course the truth about drug addiction is far more complex. Only fairly recently has drug addiction found its rightful place as a "chronic disease," within medical science. The addict seeks out drugs, often against their own will. The first time a person uses drugs may be voluntary, but in many cases the brain eventually creates a dependency cycle that is almost impossible to escape, without help.
Drug Possession Laws In Miami
According to Section 893.13, possession of a controlled substance without a prescription from a licensed doctor constitutes a third-degree felony. The punishments for this offense include:
- A jail sentence of up to 5 years
Contact Us
Connect with Us and Take the First Step Toward Justice
To get the legal help you need in your criminal case, reach out to our firm today. We will provide you with a free consultation where our attorney will review your case and advise you of your legal options.
66 W Flagler St., Suite 1005
Miami, FL 33130
P 305-615-1285
Please fill out the form below or call 305-615-1285 to contact us.
From our Miami office, Stroleny Law: Criminal Defense Attorney serves clients across the city, including Allapattah, Brickell, Coconut Grove, Coral Way, the Design District, Downtown Miami, Edgewater, Liberty City, Little Haiti, Little Havana, Overtown, the Upper East Side (MiMo District), and Wynwood. Our reach also extends throughout Miami-Dade County, representing clients in Aventura, Coral Gables, Doral, El Portal, Florida City, Hialeah, Homestead, Key Biscayne, Miami Gardens, Miami Springs, North Miami, North Miami Beach, Opa-locka, Pinecrest, South Miami, Sunny Isles Beach, Sweetwater, and West Miami.
Results listed are not a guarantee or indication of future case results.
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66 W Flagler St., Suite 1005, Miami, FL 33130
305-615-1285
