- An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act, which creates a well-founded fear in such other person that such violence is imminent.
- Whoever commits an assault shall be guilty of a misdemeanor of the second degree.
- An “aggravated assault” is an assault
- With a deadly weapon without intent to kill; or
- With an intent to commit a felony.
- Whoever commits an aggravated assault shall be guilty of a felony of the third degree
- The offense of battery occurs when a person:
- Actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.
- Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree.
- A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree.
- A person commits felony battery if he or she:
- Actually and intentionally touches or strikes another person against the will of the other; and
- Causes great bodily harm, permanent disability, or permanent disfigurement
If you are charged with battery (domestic) you will be held in jail “No Bond” until the following morning when you will appear before a judge at your First Appearance Hearing. Attempts to reach the alleged victim will be made by the state attorney’s office to determine if contact will be permitted between the defendant and the victim. Contacting criminal defense lawyer, Edward Reagan, immediately to appear at the hearing the following morning will ensure that the lowest bond and least restrictive conditions of bond will be imposed.
- For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
- For offenses committed after July 1, 2001, “burglary” means:
- Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
- Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
- Surreptitiously, with the intent to commit an offense therein;
- After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or\
- To commit or attempt to commit a forcible felony, as defined in s. 776.08.
- Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment.
Burglary can also be a 2nd degree felony depending on whether or not the home is occupied at the time of entering. If you are charged or are being investigated for burglary, it is critical that you contact an experienced criminal attorney. If you are approached by law enforcement, do not make any statements without the presence of an attorney. Simply state that you want your attorney present before making any statements and invoke your 5th amendment right to remain silent. Often times law enforcement does not have enough evidence to charge a person with a crime and therefore seek to secure a confession in order to make an arrest.
- A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt.
- Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.
- A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation.
- A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy
You have just been released from jail after being arrested for DUI, what do you do now?
When you signed for your driver’s license, you consented to submitting to any sobriety test requested by law enforcement, including a sample of your breath, blood, or urine. If you submitted to a breath test and your breath alcohol level was .08 or higher, the arresting officer would have suspended your license for a period of 6 months or 12 months if you have previously submitted to a breath test where your breath alcohol level was .08 or higher. If you refused to provide a breath test, the arresting officer would have suspended your license for a period or 12 months, or 18 months if you have previously refused to provide a breath test. A DUI citation would have been issued and will act as your driver’s license for a period of 10 days. Your actual driver’s license will be confiscated by the arresting officer and forwarded to the Bureau of Administrative reviews along with the reports of the officer’s investigation.
Administrative Review Hearing must be requested within 10 days or else.
It is absolutely critical that you contact an experienced and knowledgeable criminal attorney within 10 days of your arrest in order to properly advise you on your options regarding your license. If this is a first DUI arrest you would be eligible to obtain an immediate hardship license and in doing so you will waive the right to a formal or informal hearing to challenge your suspension.
Formal Review Hearing or Informal Hearing–Which is the best option for my case?
Edward Reagan will review the documents and determine if the officer made any errors in the paperwork sent to the Bureau of Administrative reviews. If errors were made, an experienced attorney like Edward Reagan will argue the errors made by the officer and seek to set aside the suspension in an Informal Hearing.
A Formal Review Hearing will allow the attorney to subpoena the arresting officer to a hearing and take a sworn statement of the officer, much like in a deposition. Edward Reagan believes that a strong DUI defense starts immediately and uses the Formal Review Hearing as a tool in what the officer will testify to at a future trial. Often times, the Formal Review Hearing will prove to be the most useful discovery tool in the entire case. Contacting a defense attorney within 10 days of your arrest may be the difference between you being found NOT GUILTY at trial and being convicted of DUI.
Don’t delay! Call Edward Reagan immediately!
FIRST COURT DATE IN CRIMINAL COURT
You will be given your first court date to appear on the front of your DUI citation. That date is usually within 30 days of your arrest. If the court date is not listed on the citation you will be given a notice to appear for a future court date from the jail.
The first court hearing is an arraignment where the state of Florida officially charges you with the criminal offense of DUI through a pleading called an Information based on the statute listed below:
- A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
- The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
- The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
- The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
- Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
By a fine of:
- Not less than $500 or more than $1,000 for a first conviction.
- Not less than $1,000 or more than $2,000 for a second conviction; and
- By imprisonment for:
- Not more than 6 months for a first conviction.
- Not more than 9 months for a second conviction.
- If a person driving under the influence of alcohol or controlled substances causes an accident in which someone is killed, he or she may be charged with DUI Manslaughter. DUI Manslaughter is a felony offense in the State of Florida and is punishable by up to 15 years in Florida State Prison
The hiring of an experienced Trial Attorney is critical in being found Not Guilty of the crime of DUI. Ask your attorney how many DUI trials he has had in the last year. Edward Reagan will provide you a copy of recent DUI trials and client’s information for you to contact them for a reference.
Don’t make the mistake of hiring a lawyer who will do nothing more than plead you guilty as charged. Hire an attorney with a proven track record of helping good people out of bad situations.
Hiring Edward Reagan will limit the time that you will need to be in court. Often times you will not be required to be in court until the case is set for a Motion to Suppress Evidence in your case or for the actual trial.
Contact Edward Reagan today for a free evaluation of your case
- The courts of this state have jurisdiction over their own procedures, including the maintenance, expunction, and correction of judicial records containing criminal history information to the extent such procedures are not inconsistent with the conditions, responsibilities, and duties established by this section.
- Any court of competent jurisdiction may order a criminal justice agency to expunge the criminal history record of a minor or an adult who complies with the requirements of this section. The court shall not order a criminal justice agency to expunge a criminal history record until the person seeking to expunge a criminal history record has applied for and received a certificate of eligibility for expunction pursuant to subsection (2) or subsection (5).
Certain criminal offense may be expunged (destroyed) or sealed if the criminal charges were dismissed or the defendant received a withhold of adjudication. In order to qualify a person must not be convicted of the crime for which they are seeking to expunge and/or seal and they must never have been convicted of any offense in the state of Florida or any other state. To see if you qualify for an expungement contact criminal defense attorney Edward Reagan for a free consultation.
Federal Criminal Charges
As a Jupiter Criminal Attorney, I handle cases not only in Palm Beach Circuit Court but offenses that constitute violations of federal law. These offenses are prosecuted by the United States government and, as a result have the full force of a number of federal agencies supporting the prosecution. Agencies conducting investigations, undercover operations, and sting operations on behalf of the government include:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Agency (DEA)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF
- Internal Revenue Service (IRS)
- Immigration and Customs Enforcement (ICE)
If you believe you are being investigated for a federal offense or if you have been charged with a federal crime, getting counsel from an experienced attorney should be a priority in protecting your rights and building your defense.
- 1st degree murder:
- The unintentional killing of by a person during the commission of a felony
- 2nd degree murder:
- Intentional and willful action resulting in the death of a person
- A lesser degree of murder
- An intentional act performed during a provocation or heat of passion, involuntary manslaughter does not require an intent to kill or even an intent to perform that act resulting in the victim’s death
- The State must show that the defendant acted with “culpable negligence.” Florida statutes define culpable negligence as a disregard for human life while engaging in wanton or reckless behavior.
- A lesser degree of murder
- “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
- “Lewdness” means any indecent or obscene act.
- “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
- “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.
- It is unlawful:
- To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.
- To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.
- To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.
- To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.
- To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
- To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
- To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
- To aid, abet, or participate in any of the acts or things enumerated in this subsection.
- To purchase the services of any person engaged in prostitution.
Juvenile Criminal offenses
The state of Florida can charge children under the age of 18 with criminal charges that are prosecuted in the Circuit Court Juvenile division. In certain cases, the state attorney’s office may charge juveniles who have not yet attained the age of 18 as adults through a process called “Direct File”.
Juveniles who are arrested on misdemeanor criminal charges may be released directly to their parents and then given a date to appear in court. In most situations in which a juvenile is arrested for a felony offense he will be arrested and taken to the Department of Juvenile Justice (DJJ). Based upon how they are scored by the DJJ, they may released to their parents or taken the following morning before a juvenile judge for a Detention Hearing.
If your child has been arrested it is important to contact a criminal defense attorney with the knowledge and experience to negotiate the child’s release. Edward Reagan has represented hundreds of juveniles in all criminal matters including juvenile trials.
- “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another
- With intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
- If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment
- If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree.
- If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree
Sex offenses in Florida constitute a number of different offenses that involve the unlawful touching and or penetration of a person against their will or against individuals who have not attained a certain age and are incapable of consenting to a sexual act.
The punishments for these types of cases are very often harsh and usually involve a very lengthy prison sentence. In addition to serving a prison sentence and becoming a convicted felon, the person suffers the additional collateral issue of registering as a sex offender.
Recently the state of Florida has been actively investigating those individuals who use the Internet to download child pornography. Investigative techniques used by Law Enforcement are very sophisticated and usually result in the issuance of a warrant that is served by knocking on the door of the house intending to be searched. In these situations, it is important to request a lawyer before making any statement. Should this occur, simply tell the investigating officer that you are invoking your 5th amendment right to remain silent and contact an experienced criminal attorney before making any statement. At the Law Office of Edward Reagan, an attorney is available for consultation 24 hours a day.
Traffic offenses range from civil infractions such as speeding and careless driving to criminal offenses such as DUI, Reckless, and Driving While License Suspended (DUS).
A Civil infraction that constitutes a moving offense carry with it a fine and points if convicted. Any driver who accumulates 12 points on their driving record in a period of 12 months will suffer a 30-day suspension of their driver’s license. 18 points in 18 months will suffer a 90-day suspension and 24 points in 24 months will suffer a 1-year suspension.
Traffic offenses can also be charged as criminal offenses such as DUI, Reckless, and DUS. Convictions for these offenses could result in a jail sentence and a suspension of your driver’s license. A conviction for a first DUI will result in a revocation of your license for 6 months. A second conviction for DUI within 5 years of a prior DUI will result in a revocation for 5 years; and a 3rd conviction with in 10 years of a prior DUI can be charged as a felony offense and result in a 10 year revocation of your driver’s license. A 4th or subsequent conviction for DUI will result in a permanent revocation of your driver’s license.
Similarly, a person convicted for 3 DUS charges within a period of 5 years will suffer a five (5) year revocation.
If you are charged with one of these traffic offenses it is important to contact an experienced criminal defense attorney who has the proven track record in winning these cases. Edward Reagan routinely represents those individuals who are arrested for DUI and has developed a unique trial strategy in giving those charged the best opportunity for being found NOT GUILTY at trial.
Failure to Appear Warrants
A warrant is a court order issued for the arrest of a person. Warrants are often issued for a person’s arrest for failing to appear in court. The warrant may have a monetary bond issued with it that will allow the person arrested for the warrant to bond out of jail. In other situations, a warrant may be issued without bond and the person will be held in custody until brought before the judge who issued the warrant. Often times, if a person knows a warrant exists for his arrest, a court hearing can be set up to recall the warrant which may eliminate the need to be taken to jail and booked into custody. Contact criminal attorney Edward Reagan to arrange a hearing to recall the warrant.
New Charge Warrants
A Law Enforcement officer may present his investigation to the state attorney’s office for submission to a judge for a warrant. If you are aware that you are currently being investigated by Law Enforcement and anticipate being arrested, contact Edward Reagan immediately to arrange for your surrender. By doing so you can avoid being caught off guard and unprepared. By taking a proactive approach you may avoid having your vehicle towed should you be stopped in traffic or having your child turned over to DCF if with you at the time of your arrest. Self-surrendering can also be argued by your attorney at first appearance should you be held “No Bond”. Contact Edward Reagan, an experienced criminal defense attorney to arrange for a free consultation.