4 Common Defense Strategies Used in Domestic Violence Cases

When it comes to establishing a domestic violence defense, it’s critical to have a clear narrative for the events that occured. Juries are not sympathetic to most violent offenders, especially when crimes are committed against spouses or romantic partners. In this article, a domestic violence defense lawyer in Tampa discusses some of the most commonly utilized and effective strategies for domestic violence cases.

“I Am Innocent”

One strategy that can be used to build a formidable defense is to claim that the defendant did not commit the crime they are being accused of. This strategy has varying amounts of success. If prosecutors and law enforcement officials have significant evidence that the crime was committed, it can be difficult to prove that the defendant is innocent.

“They lied”

If it is possible to prove that the other person is lying in some capacity, it can help to hinder their case. Juries are not likely to believe a victim’s entire story if some aspects of it can be proved false. Many defendants are wrongfully accused of a crime because their former spouse or partner is trying to sully their name for leverage in a divorce or child custody battle.

“I Defended Myself”

Self-defense can be a very effective domestic violence defense strategy if the other party engaged in fighting, too. If you suffered from injuries related to the incident, this could support a case of self-defense. You do have the right to defend yourself against violent actions, even if it’s from your spouse.

“It Was All An Accident”

You could also claim that it was an accident. This is true in many cases. Whether you accidentally shoved someone by passing by them too quickly or did not see them in the way, any injuries sustained could be purely accidental. If you have questions about how to best utilize this defense, contact a domestic violence defense attorney in Tampa for advice.

If you need help developing an effective defense against domestic violence charges, it’s a good idea to schedule a consultation with a domestic violence attorney in Tampa. Anthony Rickman of The Rickman Law Firm is highly experienced in representing men and women accused of domestic violence crimes. The sooner that you are able to reach out, the more time Mr. Rickman will have to develop your defense.

For a free consultation with a domestic violence defense lawyer in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

4 Ways People Accidentally Violate Probation

Violating the terms of your probation can have serious consequences, including being sent back to prison. If you closely follow the rules set by the court or your probation officer, you should have no problem finishing your probation without disruption. In this brief article, a probation violation attorney in Tampa outlines some of the ways that people accidentally violate probation. Avoid these mistakes and you won’t be needing the services of The Rickman Law Firm.

Missing an Appointment, Hearing, or Meeting

If you accidentally miss a hearing in court or an appointment with your probation officer, you may violate your probation. While there are cases where someone intentionally misses an appointment, it is also possible to forget about an appointment or to misunderstand the date of your next appointment. Sometimes, missing an appointment is unavoidable. There could be substantial traffic, your ride to court may not show up, or you may have to deal with an emergency. Regardless, missing an appointment may be considered a violation of your probationary agreement.

Seeing Someone You Should Avoid

Depending on the terms of your probation, there could be people that you are legally required to avoid. This can be difficult if one of these individuals arrives unannounced to where you work or an event you are attending. If you are caught in the same vicinity as this person, you could be in trouble regardless of your good intentions. If someone you are not allowed to see puts your probation in jeopardy, contact probation violation lawyers in Tampa to discuss your legal options.

Losing Your Job

It is possible to lose your job at no fault of your own. For many people out on probation, maintaining employment is part of the terms of release. It can be difficult for someone with a criminal record to find an employer willing to hire them. And if your company experiences layoffs, you could potentially go through a period of unemployment that would put your probation terms in jeopardy.

Not Having Money to Pay Restitution or Fines

If you were ordered to pay restitution or fines but don’t have the money to do so, you could be violating the terms of your probation. This can be compounded after a period of job loss or extra expenses, such as experiencing an injury or hospitalization. This is one reason why many former offenders unintentionally violate probation.

It is possible to violate the terms of your probation without meaning to or without willfully participating in any form of criminal activity. If you violated your probation, you can work with a probation violation attorney in Tampa to see what options may exist to maintain your probationary status. There are strategies that an attorney can utilize to argue that violating probation was outside of your control.

For a free consultation with one of our probation violation lawyers in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Facts to Know About Federal Assault Crimes

Federal assault crimes are serious offenses that may require help from the best federal criminal defense lawyer in St. Petersburg. Creating an effective defense requires knowledge about federal criminal laws and experience working on similar cases. With the hefty prison sentences that accompany many federal crimes, it is critical to find the right defense. In this article, an aggravated assault attorney in St. Petersburg experienced with federal criminal defense cases highlights some facts about federal assault crimes that are worth knowing. 

Does Not Need to be Successful

An assault does not need to be successful in order for an individual to face charges for it. For instance, attempting to assault a federal employee is a crime. The intent matters, regardless of the outcome. If you take the action to assault someone, but they defend themselves by fighting back, you could still face federal assault charges.

Where The Crime Took Place

Many crimes fall under the federal designation simply because of where the incident took place. Criminal activity at national parks or monuments is automatically a federal crime because it took place on federal property. Even minor crimes can become more serious depending on the location.

Assault With Intent to Commit Murder

Assault with intent to commit murder is a violent felony charge with tougher sentencing guidelines at the federal level. It can be used in cases where the force intended to be used would have likely resulted in death. In order for a defendant to be convicted of assault with intent to commit murder, prosecutors must prove that the defendant attempted to harm and murder the victim and that the victim feared for their own safety. Call the best aggravated assault attorney in St. Petersburg to discuss your case.

Assault With a Deadly Weapon

There are laws against assault with a deadly weapon at both federal and state levels. To be considered a federal crime, the incident has to take place on federal property, or against a federal employee. On a federal level, assault with a deadly weapon charge can include a prison sentence of up to 20 years.

Crimes Against Government Employees

Crimes against government employees are federal, whether the employee was working in an official capacity or not. This can include contract census takers, employees of the United States Postal Service, or staff members at the Social Security Administration’s local office. Any attempt to assault or hurt these individuals constitutes a federal assault crime.

Possible Defenses for Assault

There are several possible defense strategies for an assault charge. Your lawyer will closely assess the facts surrounding your case and help you build a strong defense strategy, including:  

Self-Defense and Defense of Others

Self-defense is the most common defense for assault. To make a self-defense claim, you must have used reasonable force while under attack. This same defense statute applies to defendants who acted to protect others. You must be able to prove that you used reasonable force and were in imminent danger.

Mistakes

It is possible to create a defense around making a mistake about a core part of the case that changes the outcome. For example, thinking an attacker has a weapon when he or she is holding a cell phone may result in a mistake defense. However, mistake defenses are hard to use, which is why this strategy is rarely employed.

Entrapment

The entrapment defense is used under limited circumstances because of how it works. The defense centers on the argument that an authority figure convinced the defendant to commit the crime. It is most often used when the defendant was influenced by police or undercover agents. 

Duress

The duress defense can be used for anyone who is forced into committing a crime. In this case, the defendant must have proof of a credible threat or inciting factor that led them to believe that they were in danger. 

Steep Penalties

If a crime has a federal designation, it often has steeper penalties than if the charges were from the local level. Some federal crimes carry 25-year prison sentences, whereas others carry 10-year maximum prison terms. If the victim of your alleged crime dies or suffers from injuries, you will likely face longer sentences.

If you are facing federal assault charges, securing effective legal counsel is one of the next steps you should take. The early actions used in your case can make a substantial difference in the ultimate outcome. Scheduling an appointment with the best federal criminal defense attorney in St. Petersburg will give you an opportunity to review your case and to discuss an effective strategy for your defense.

For a free consultation with an aggravated assault attorney St. Petersburg, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Types of Fraud Cases

If you are looking for criminal defense law attorneys in Tampa, it’s a good idea to find legal support from a lawyer who has experience defending clients who face charges for similar crimes. When it comes to defending fraud cases, there are many types of fraud. Just because an attorney has experience winning embezzlement cases doesn’t mean he has a history of trying racketeering cases. 

You’ll want to find someone with the right experience to improve your legal argument and chances of winning your case. In this brief article, a fraud defense attorney in Tampa covers some of the most common types of fraud cases tried on the federal level and in the State of Florida.

Bribery

Bribery is a type of fraud that most people are familiar with, since it is often seen in movies and television shows. Bribery occurs when someone offers you something of value (i.e. money, jewelry, etc.) in exchange for your support. It happens every day, although many people don’t recognize it when they are offered a small bribe. Bribing someone within the government or with the power of authority is a more serious crime.

Embezzlement

Embezzlement is more common in large organizations that have a lot of liquid assets. It is the act of “skimming off the top” or taking money out of a fund or account without permission or a legitimate purpose. Although it mainly happens in large organizations, embezzlement can happen in any company. Forensic financial services are often needed to identify embezzlement. 

Racketeering

Racketeering is another type of fraud that is often seen in pop culture because it is often committed by criminal organizations. Racketeering occurs when an organization creates a problem and extorts money to offer a solution. The mafia is well-known for racketeering, as it offered “protection” for shops and vandalized any businesses that did not pay. Racketeering is still a major concern since it is a relatively easy form of fraud to use to prey upon businesses. For defense against racketeering charges, it is imperative that you hire a fraud defense lawyer in Tampa as early on in the process as possible.

Securities Fraud

Securities fraud deals with the misrepresentation of stock or investment information. Investors buy, the broker collects the fees, and the investor loses money on their investments. By misrepresenting the quality of the investments, the broker obtains money from investors in the form of fees. This type of fraud can have a big impact on trading markets since investors may lose confidence and stop trading altogether. Victims may be able to recover the full value of their investment and more in compensation.

Identity Theft

Identity theft occurs when someone steals the identity and credentials of another person. As technology becomes a bigger part of everyday life, the threat of identity theft steadily increases. A case of identity theft can be challenging to prove unless a paper trail makes it clear. Even so, it’s a crime that the general public is especially concerned with. This can make finding a sympathetic jury extremely challenging.

Money Laundering

Money laundering is a method of making stolen or counterfeit money seem legitimate by filtering it through a trusted institution, like a foreign bank. By laundering money, it makes it harder to prove that the money was acquired through illegal activity. Most money laundering cases are systemic and used by organizations to continually launder large amounts of money. Having a fraud defense lawyer in Tampa with experience in money laundering cases makes a big difference, as these cases can be complex, requiring special training and experience. 

Tax Fraud

Being accused of tax fraud is a serious offense with long-term implications, including increased scrutiny from the IRS. Tax fraud is the act of lying on tax documents to either get a refund or to pay less in taxes. Having the IRS comb through your financials can be stressful, and you will likely need the help of an attorney to resolve the issue. 

Extortion

Extortion is the act of using physical violence or threats to get something you want. It’s a felony that includes threatening someone’s personal property, family, or livelihood. It can also mean impersonating someone else to gain access to money or property, such as pretending to be an IRS agent or an employee of a utility company. 

There are many different types of fraud crimes that you could face charges for. If you need a criminal defense lawyer in Tampa, hire only from among the most experienced law firms with a history of representing clients in similar cases to yours. 

For a free consultation with a criminal defense lawyer in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. 

Case Results

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