Domestic violence cases can fall into one of two categories: civil and criminal. The proceedings and complexities of each of these categories are affected by the case type being tried.
With a strong track record in handling domestic violence cases, your Tampa domestic violence defense lawyer with The Rickman Law Firm has the knowledge to navigate your case with confidence and meticulous strategy.
Civil domestic violence proceedings are primarily aimed at providing protection and relief for the victim rather than punishing the defendant. Unlike criminal cases, civil cases are initiated by the victim and do not result in criminal penalties for the accused.
Victims can petition for an injunction for protection against domestic violence. This legal order can mandate the abuser to stay away from the victim, vacate a shared residence, and cease any form of contact. In civil cases, the burden of proof is “preponderance of the evidence,” which is a lower standard than the “beyond a reasonable doubt” requirement in criminal cases. This means the victim must show that it is more likely than not that domestic violence occurred.
A protective injunction can provide various forms of relief, including temporary child custody, child support, and spousal support. Violating an injunction can result in civil contempt of court and additional criminal charges. Victims of domestic violence can also file civil lawsuits for damages resulting from the abuse, such as medical expenses, pain and suffering, and lost wages.
Criminal domestic violence involves actions that constitute criminal offenses under Florida law. These offenses are prosecuted by the state and can result in significant penalties, including imprisonment, fines, and a permanent criminal record. The alleged victims do not have the authority to drop charges once filed.
Domestic violence includes actions such as assault, battery, sexual assault, stalking, kidnapping, and false imprisonment, committed by one family or household member against another. Depending on the severity of the offense and the defendant’s prior criminal history, penalties can range from misdemeanor charges, carrying up to one year in jail, to felony charges, which can result in several years of imprisonment.
For example, aggravated battery is a second-degree felony, punishable by up to 15 years in prison. During legal proceedings, your domestic violence defense attorney in Tampa with The Rickman Law Firm will work to potentially reduce your charge or have it dismissed.
Regardless of whether you are involved in a civil or criminal domestic violence case, seeking legal representation is critical. A qualified domestic violence defense attorney in Tampa with The Rickman Law Firm can work toward securing the most favorable outcome possible for your case.
For a free case consultation with our expert domestic violence defense lawyers in Tampa, contact our office at (813) 370-1185 or fill out the consultation form on our website 24 hours a day, 7 days a week.
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.
Federal and state crimes differ primarily in terms of the laws violated, the jurisdiction of law enforcement and courts, and the potential consequences that you can face. At The Rickman Law Firm, our Tampa federal criminal defense lawyers are experienced in handling cases both at the state and federal levels.
Federal crimes are violations of U.S. federal laws. These laws, enacted by Congress, apply nationwide. Federal crimes often involve activities that cross state lines, impact federal interests, or occur on federal property. Some examples include drug trafficking, mail fraud, and counterfeiting.
State crimes violate state laws, which are established by state legislatures. These laws apply only within the state’s borders. Crimes such as robbery, assault, and burglary are usually prosecuted under state law, and state and local police agencies are responsible for investigating these crimes.
Federal crimes are prosecuted by U.S. Attorneys in federal district courts. These courts operate under the U.S. judicial system and adhere to federal procedural rules. Defendants in federal cases may face a jury composed of residents from various parts of the district rather than their own community.
On the other hand, state crimes are prosecuted by district attorneys or state prosecutors in state courts. Each state has its judicial system and procedural rules, which the federal criminal defense lawyers in Tampa with The Rickman Law Firm are well-acquainted with. State court juries are typically drawn from the local community.
Sentences for federal crimes are determined according to the Federal Sentencing Guidelines, which are utilized to create uniformity in sentencing. Penalties for these crimes can be severe and include lengthy prison terms, significant fines, and supervised release if applicable. Federal prisons are often located far from the defendant’s home state and can have additional long-lasting implications on one’s ability to secure and maintain a job, and housing.
State sentences are determined based on state laws and sentencing guidelines, which can vary widely from state to state. Penalties may include imprisonment in state or local facilities, fines, probation, and community service. State prisons are generally located within the state, and potentially closer to the defendant’s community.
Federal crimes are investigated by federal agencies such as the FBI, Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms and Explosives, whereas state crimes are investigated by state police, local police departments, and other state-specific agencies.
For nationally recognized representation, contact the Tampa federal criminal defense attorneys with The Rickman Law Firm.
We are ready to fight for you. Contact our office at (813) 370-1185 or fill out the consultation form on our website at any time to get in touch with our Tampa federal criminal defense attorneys.
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.
Facing a murder charge in Tampa can be an overwhelming and frightening experience. Understanding the possible defenses available under Florida law can provide some clarity and direction. There are several potentially effective defenses that your Tampa homicide defense lawyer with The Rickman Law Firm can explore to defend against a murder charge.
Under Florida Statutes, an individual is justified in using deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others. This “Stand Your Ground” law, allows individuals to defend themselves without the duty to retreat if they are present on legal grounds.
Similar to self-defense, Florida law permits the use of deadly force to protect another person who is in imminent danger of being killed or seriously injured. The person defending another must have a reasonable belief that the use of force is necessary.
A key element of a murder charge is intent. For example, a first-degree murder charge must have a foundational element of premeditation. If the defense can demonstrate that there was no premeditated intent to kill, the charge could be reduced or dismissed. This could involve showing that the killing was accidental or occurred in the heat of passion without prior planning.
An alibi defense provides evidence that the defendant was somewhere else when the crime occurred and therefore could not have committed the murder. This defense requires credible witnesses or evidence, such as video footage or electronic records, to substantiate the claim.
Under certain circumstances, your Tampa homicide defense attorney with The Rickman Law Firm may argue that the act was committed under duress or coercion. Although typically more challenging to prove in murder cases, this defense contends that the individual was forced to commit the crime under threat of immediate danger to yourself or others, making your actions ultimately involuntary.
Eyewitness misidentification is a common issue in criminal cases. Your attorney can argue that the defendant was mistakenly identified as the perpetrator. This could involve presenting evidence such as DNA, fingerprints, or surveillance footage proving the defendant’s absence from the crime scene.
The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. The defense can challenge the adequacy of the prosecution’s evidence, pointing out inconsistencies, lack of credible witnesses, or unreliable forensic evidence. By undermining the prosecution’s case, your Tampa homicide defense attorney can argue that there is not enough evidence to convict you of murder.
Your homicide defense lawyer in Tampa with The Rickman Law Firm will work strategically to create the most effective defense strategy possible for your case.
Our office is available 24 hours a day, 7 days a week for your convenience. For a free case consultation with one of our skilled attorneys, contact our office at (813) 370-1185 or fill out the consultation form on our website 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.
In Florida, consent is the basis of all legalities when considering sexual relations and occasions. However, consent is not always a clear-cut, one-time approval that applies indefinitely. Situations may arise where initial consent is given but later revoked, which can result in a difficult and complex legal situation.
If you are facing an unjust rape charge, please consult with a leading Tampa rape defense attorney with The Rickman Law Firm for legal representation and guidance.
Florida law defines rape as when a person engages in oral, anal, or vaginal penetration with the sexual organ of another or the anal or vaginal penetration of another by any other object without the consent of the victim.
There is a requirement of intelligent, knowing, and voluntary consent that does not include coerced submission. The law specifies that a lack of consent may result from the victim being incapacitated, coerced, or unable to understand the nature of the act due to mental or physical incapacity.
Consent can be withdrawn at any point before or during a sexual act. If an individual revokes consent and the other party continues the sexual act, this can be considered sexual battery. Florida courts have upheld that once consent is withdrawn, any further sexual activity is non-consensual and thus potentially criminal.
For instance, if person A initially agrees to engage in sexual intercourse with person B but then verbally withdraws consent during the act, person B is legally obligated to stop immediately. Continuing the act beyond the withdrawal of consent constitutes rape under Florida law.
From a defense perspective, it is critical to demonstrate that consent was never revoked or that any withdrawal of consent was not clearly communicated. Evidence such as text messages, witness testimonies, and other forms of communication can play a significant role in establishing the facts of the case.
Additionally, the prosecution must prove beyond a reasonable doubt that the consent was withdrawn and that the defendant continued the sexual activity despite the revocation. Your Tampa sex crime defense attorney with The Rickman Law Firm will work to build the strongest defense strategy possible.
At The Rickman Law Firm, our Tampa rape defense attorneys are adept at navigating these complexities and will work to ensure that your rights are defended and that every aspect of your case is thoroughly examined.
Our Tampa sex crime defense attorneys are available 24 hours a day, 7 days a week for your convenience. For a free case consultation, contact our office at (813) 370-1185 or fill out the consultation form on our website at any time.
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.
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures and requires law enforcement officers to obtain a warrant issued by a judge based on probable cause before conducting a search or making an arrest. However, there are certain circumstances where searches and arrests can occur without a warrant.
The leading drug defense attorneys in Tampa with The Rickman Law Firm can help you determine whether law enforcement agencies acted within procedure during any searches.
In Florida, law enforcement officers can conduct searches without a warrant under several circumstances:
In situations where there is an immediate threat to life or property, or where evidence is at risk of being destroyed, law enforcement officers can conduct a search without a warrant. This exception applies when there is no time to obtain a warrant due to the urgency of the situation.
If an object is in plain view of law enforcement officers during a lawful observation, they can seize the object without a warrant. However, the incriminating nature of the object must be immediately apparent. Notify your Tampa drug defense lawyer with The Rickman Law Firm if there were any potentially incriminating objects that resulted in a search without a warrant.
Following a lawful arrest, law enforcement officers can conduct a search of the arrestee and the immediate surrounding area without a warrant. This search is conducted to ensure officer safety and to prevent the destruction of evidence.
Law enforcement officers can search a vehicle without a warrant if they have probable cause to believe that the vehicle contains contraband or evidence of a crime. This exception extends to the entire vehicle, including the trunk and any containers found within the vehicle.
Similarly, law enforcement officers in Florida can make arrests without a warrant under certain circumstances:
If law enforcement officers have probable cause to believe that an individual has committed a felony, they can make an arrest without a warrant. Probable cause exists when there is sufficient evidence to support a reasonable belief that a crime has been committed.
Law enforcement officers can make warrantless arrests for misdemeanors if the offense is committed in their presence. This authority allows officers to take immediate action to address ongoing criminal conduct.
If a valid fugitive warrant exists for an individual’s arrest, law enforcement officers can make an arrest without a warrant, regardless of whether the offense was committed in Florida or another jurisdiction.
In situations where an individual’s conduct constitutes a breach of the peace, law enforcement officers can make a warrantless arrest to restore order and protect public safety.
It’s important to understand that while these exceptions allow for search and arrest without a warrant, law enforcement officers must still adhere to constitutional principles and ensure that their actions are reasonable under the circumstances.
Your drug defense attorneys in Tampa will fight to protect your rights and work to determine a lack of constitutionality of any search warrant exceptions, and whether they were valid.
To speak with one of our expert Tampa drug defense lawyers, contact our office at (813) 370-1185 or fill out the consultation form on our website 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.
In Florida, assault and battery are distinct but closely related offenses. Assault is defined as the intentional threat or attempt to inflict violence on another person, while battery involves the actual physical contact or harm inflicted upon another person without their consent. Both offenses can result in serious legal consequences, including fines, probation, and even imprisonment, especially without skilled representation from an experienced aggravated assault attorney in Tampa with The Rickman Law Firm.
Florida law recognizes the right of individuals to defend themselves from imminent harm or danger under certain circumstances. This law is referred to as the “Stand Your Ground” law, and it has significant implications in assault and battery cases.
According to Florida law, a person is justified in using force, including deadly force, if they reasonably believe that such force is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony against themselves or another person. This principle applies both inside and outside the home, so long as the situation calls for a relative degree of self-defense.
To successfully claim self-defense against assault and battery charges in Florida, several criteria must be met, including:
The individual must have a reasonable belief that the use of force was necessary to protect themselves or others from imminent harm. In court, this belief is assessed from the perspective of a reasonable person in the same situation.
There must be an imminent threat of harm or danger to justify the use of force. The threat must be immediate and not speculative.
The force used in self-defense must be proportionate to the threat faced. Deadly force is only justified in situations where there is a reasonable belief of imminent death or great bodily harm.
In Florida, individuals have no duty to retreat before using force in self-defense if they are lawfully present in a place where they have a right to be, such as their home.
When facing assault and battery charges in Florida, your skilled aggravated assault lawyer in Tampa with The Rickman Law Firm can develop effective strategies to assert the legitimacy of your self-defense actions.
If you or someone you know is facing assault and battery charges, seek legal guidance from an experienced aggravated assault attorney in Tampa with The Rickman Law Firm as soon as possible to protect your rights and explore your defense options.
For a complimentary case consultation with our expert aggravated assault lawyers in Tampa with The Rickman Law Firm, contact our office at (813) 370-1185 or fill out the consultation form on our website at any time.
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.