Drug Trafficking Defense

Drug Trafficking Defense Attorney in St. Petersburg

Law enforcement in the United States has historically taken a strong stance against the purchase, consumption, and sale of illegal drugs. Starting in the 1930s when the “reefer madness” craze gripped the country and extending through the 1950s when the Boggs Act of 1951 established mandatory sentences for drug convictions, people who were caught smoking marijuana or using other illicit drugs were assessed harsh sentences. In fact, a first offense conviction for marijuana possession in the 1950s would land you in jail for a minimum of two to ten years along with a fine teetering on $20,000.

Unsurprisingly, penalties for drug trafficking were even more severe, and this remains true today. Drug trafficking refers to the sale and distribution of illegal drugs, and it is one of the main catalysts for the unprecedented expansion of the of the federal prison system. Under Florida law, drug trafficking convictions can result in either probation or prison time. You may also be forced to participate in drug counseling. If you are arrested and charged with drug trafficking, consult a drug trafficking defense attorney in St. Petersburg from The Rickman Law Firm to learn about the various defenses that can be employed to maintain your innocence.

Exploring the Penalties for Drug Trafficking

Florida Statute 893.135 establishes mandatory sentences for drug trafficking or conspiracy to engage in trafficking. This includes cannabis and cannabis derivatives, cocaine, gamma-hydroxybutyric acid (GHB), heroin, LSD, hydrocodone, oxycodone, amphetamine, methamphetamine, and more. Sentencing for drug trafficking convictions varies greatly depending on the type and amount of the drug being sold, manufactured, or distributed. If you are charged with trafficking multiple substances, this can make sentencing even more complex. As a result, as soon as you are charged with a drug trafficking offense, you should pick up the phone and contact a drug trafficking defense lawyer in St. Petersburg to see what your next steps should be.

Partner with the Best Drug Trafficking Defense Attorney in St. Petersburg

With over a decade of experience practicing criminal defense, The Rickman Law Firm has a comprehensive understanding of the ins and outs of Florida’s dense drug trafficking laws. Lead by Anthony Rickman, an AV Preeminent rated attorney who is regularly featured on television providing legal analysis and commentary, The Rickman Law Firm can deploy a variety of defenses to help defendants maintain their innocence, including:

• Challenging a forfeiture action
• Constructive possession
• Entrapment
• Lack of witness credibility, trustworthiness, or reliability
• Unlawful search and seizure
• Violation of the 5th Amendment

For a free consultation with the best drug trafficking defense lawyer in 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.

Murder and Manslaughter

First Degree Murder

A defendant can be charged with First Degree Murder if the person has either committed a Premeditated Murder, or a killed a person in the commission a Felony (Felony Murder). When a person commits a murder with “malice aforethought” that means that he/she pre-planned or schemed to kill another person, or in other words committed Premeditated Murder. In a prosecution for premediated murder the State must prove that the defendant intentionally killed the person and in killing the person had some thought, refection, or plan at any time prior to the killing.

Felony Murder occurs when a person kills another person while in the process of committing or attempting to commit a felony previously defined by statute. In this situation, it does not matter whether the person intended to kill anybody or not, just that in the commission of the felony a person was killed. For example, if a person commits an armed robbery and his accomplice kills a person in the commission of the robbery both individuals could be charged with felony first degree murder.

Capital First Degree Murder is one of the most serious charges a person may face. Since it is deemed a Capital Offense First Degree Murder comes with one of two harsh sentencing options – the death penalty or life without the possibility of parole. The death penalty can be waived by the State as a sentencing option and instead the defendant will be sentenced to life in prison without any possibility of parole once convicted. If the State does not choose to waive the imposition of the death penalty and a defendant is convicted of First Degree Murder, the court will then conduct a separate sentencing proceeding known as the Penalty Phase. This proceeding will determine whether the defendant should be sentenced to death or life imprisonment.

Second Degree Murder

When a person is killed without premeditation by an act imminently dangerous to another that displays a depraved mind showing no regard for human life, this is considered Murder with a Depraved Mind and is a Second Degree Murder offense. The main distinction between Premeditated First Degree Murder and Second Degree Murder with a Depraved Mind is that First Degree Murder requires a specific and premeditated intent to kill. In order to prove a depraved mind in the charge of second degree murder the state must prove that the murder occurred out of “ill-will, spite, hatred, or an evil intent”.

Second Degree Murder is classified as a felony of the first degree. If convicted of second degree murder the defendant will face a minimum sentence of 16.75 years according the Florida Sentencing Guidelines with the maximum sentence of life in prison. In addition to prison, the judge can also impose any combination of either, life in prison, life on probation, and up to $10,000 in fines if a defendant is convicted of Second Degree Murder. If the second degree murder was committed with a firearm, under Florida’s 10-20-Life law, the defendant must be sentenced to a mandatory minimum sentence of 25 years in prison up to life in prison.

Third Degree Murder

Third Degree Murder occurs when a person is unintentionally killed while a defendant is committing, or attempting to commit, a non-violent felony. Third degree murder is a second degree felony. If convicted of Third Degree Murder, a defendant may face a sentence of at least 10.5 years to 15 years in prison.

Manslaughter

Manslaughter can occur in one of three ways – Manslaughter by Act, Manslaughter by Procurement, or Manslaughter by Culpable Negligence. Manslaughter by Act is considered Voluntary Manslaughter and involves committing an intentional act that was neither excusable nor justified, that results in the death of another person. Manslaughter by Procurement is also considered Voluntary Manslaughter and occurs when a defendant persuades, induces, or encourages another person to commit an act that results in the death of another person. Manslaughter by Culpable Negligence is considered Involuntary Manslaughter. This type of manslaughter occurs when an individual engages in “Culpably Negligent” conduct that results in the death of another person.
Culpable Negligence is defined as a course of conduct that shows a reckless disregard of human life or of the safety of the people exposed to its dangerous effects. It can also be such a depravity of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public. Finally, culpable negligence can be displayed by an indifference to the rights of others that is equivalent to an intentional violation of those rights.

Manslaughter is a Felony of the Second Degree. If convicted of Manslaughter, the defendant may face a sentence of over 9 years minimum in prison up to 15 years in prison according to the Florida Sentencing Guidelines. Although it is not a specific element of manslaughter, if the jury determines a weapon or firearm was used in the commission of the manslaughter, the crime will be reclassified from a felony of the second degree to a felony of the first degree.

Aggravated Manslaughter of a Child

Unlike simple manslaughter, Aggravated Manslaughter of a Child can only be committed by a child’s caregiver. A caregiver is defined as a parent, adult household member, or other person that is responsible for a child’s welfare. If the death of a child, or a person under the age of 18, was caused by the defendant’s culpable negligence, the defendant was a caregiver to the child, and the defendant’s culpable negligence constituted Neglect of a Child, the defendant will be found guilty of Aggravated Manslaughter of a Child.

Culpable negligence can be classified in a few different ways. It can be determined through a course of conduct that shows a reckless disregard of human life or of the safety of the people exposed to its dangerous effects. It can also be such a depravity of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public. Finally, culpable negligence can be displayed by an indifference to the rights of others that is equivalent to an intentional violation of those rights.

Neglect of a child occurs when a caregiver fails to provide a child with the supervision, care, and services necessary to maintain the child’s physical and mental health in a way that a prudent person would consider crucial for the well-being of the child. Aggravated Manslaughter of a child could also be proven if the defendant knew that the child was being abused by another person and failed to protect that child from the abuser. If the child died from the abuse or and the death or serious bodily injury of the child was foreseeable a caregiver could be convicted and charged with aggravated manslaughter even though they did not actually kill the child.

The crime of Aggravated Manslaughter of a Child is a First Degree Felony punishable by a minimum sentence of 16.75 years to 30 years in prison.

Defense to Murder and Manslaughter

If you have been accused of murder or manslaughter it is important that you hire an attorney who has the experience to raise, your defense. For instance; if another person is killed by you while you are resisting an attempt by them to kill you or commit a felony against you, this is considered justifiable homicide and is lawful. Self-defense is the justified use of deadly force and is also a defense to the crime of First Degree Murder.

There are many defenses that a person may have available to them in a murder case. These defense could be that:
• The killing is committed in self defense
• The defendant is immune from prosecution under Florida’s Stand Your Ground Law
• The defendant did not cause the death of the person
• The murder was not “premeditated” (First Degree Murder)
• The Defendant did not kill with “ill-will, spite, hatred, or evil intent” (Second Degree Murder)
• The death was not foreseeable and the defendant did not cause the death (Manslaughter)
• The Killing was excusable, and therefore lawful and not subject to punishment. This may occur: When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent; or when the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation; or when the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual way.

Violent Crimes

Assault & Battery Charges in Florida

Assault and battery are common offenses in the State of Florida. In plain language a battery is an unlawful touching of another against that other person’s will. A simple battery can be anything from a shove to a punch. An assault on the other hand is an attempted battery or a threat to harm a person with the ability to do so. An example of an assault would be if you tried to punch a person and missed. Assault and battery charges are often the product of disagreements that turn physical and a “fight” ensues or a one person hits another.

The degree of assault or battery that you could be charged with may depending on the injury suffered by the other person, the age of the other person, the other person’s occupation and if there was a weapon used. Assault and Battery charges are often very defendable. On many occasions a skilled attorney can establish that you were defending yourself at the time of the incident, that you were justified in using the force that you used, that you had the right to “stand your ground” against the other person, or that the incident did not occur.

Anthony Rickman has successfully represented clients charged all degrees of assault and/or battery. Anthony has achieved favorable outcomes for clients charged with battery and aggravated battery for fighting, punching, shooting with a firearm, or stabbing/cutting with a knife. With his courtroom experience, legal knowledge, and skill Anthony Rickman will aggressively and diligently represent you in all stages of your case. If you have been accused of Assault or Battery contact Anthony Rickman for a free consultation.

ASSAULT

Simple assault or misdemeanor assault is a second degree misdemeanor punishable by up to 60 days in jail and/or 6 months of probation. An assault is defined as the intentional and unlawful threat by word or act to commit violence against another person; with the apparent ability to carry through with the threat at the time it was made; and the threat created a genuine fear in the intended victim that the violence was imminent. Florida Courts have determined that a mere threat without the ability to act on that threat is not an assault and thus is not a crime.

AGGRAVATED ASSAULT

Aggravated Assault is an unlawful threat by word or act to commit violence against another person; with the apparent ability to carry through with the threat at the time it was made; which created a genuine fear in the intended victim that the violence was imminent. To be an aggravated battery the treat must have been made (a) with a Deadly Weapon, in the commission of a Felony, or (c) coupled with the intent to kill.
A weapon is a “deadly weapon” could be be a knife, firearm, car, bat, stick, or any thing else used in a way likely to produce death or great bodily harm.

Aggravated Assault with a deadly weapon is a third degree felony punishable by up to 5 years in prison. If however, the deadly weapon used if firearm the defendant will be facing a mandoty 3 years in prison. If the aggravated assault with ta deadly weapon or the intent to kill is committed against a specified official such as a police officer or firefighter the defendant also faces a 3 year mandatory sentence.
There are many defenses that you may raise in an aggravated assault case. An experienced attorney will be able to communicate to the State, the Court and even a Jury to highlight these defenses. If you have been accused of an assault Contact Anthony Rickman for a Free Consultation.

BATTERY

Simple or misdemeanor battery ids defined as the unlawful touching or striking of another person against that persons will. The crime of simple battery is punishable by up to one year in the county jail and one year of probation. A simple battery can be committed by touching another person, therefore the other person does not have to be injured for you to be charged with battery.

BATTERY ON A LAW ENFORCMENT OFFICER

If the victim of your battery is a specified official such as a police officer, EMT, Firefighter, or Probation Officer, you will most likely be charged with a 3rd Degree Felony punishable by up to 5 years in prison.

FELONY BATTERY

Felony battery is the touching or striking of a person against that person’s will and unintentionally causes great bodily harm, permanent disability, or permanent disfigurement to the other person. A Felony Battery is a third degree Felony punishable by up to 5 years in prison.

AGGRAVATED BATTERY (GREAT BODILY HARM)

Aggravated Battery with Great Bodily Harm is a second degree felony, punishable by up to 15 years in prison. If you are accused of Aggravated Battery with Great Bodily Harm you are facing a sentence of at least 21 months in prison. A defendant could be found guilty of Aggravated Battery if the person committing the battery uses a deadly weapon, intentionally causes great bodily harm, or commits a battery on a pregnant female.

DEFENSES TO ASSAULT AND BATTERY

If you have been accused of an assault or a battery, there may be multiple defenses. One of the most common defenses to assault and/or battery is self defense. For self defense, a person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. Self defense also applies to a persons defense of another, so if you feel that the force you used was necessary to protect and prevent the battery of another person you may be entitled to this defense.

Another defense raised on a battery charge is intent. Since in order to prove the crime of battery the state is required that a defendant intentionally struck another person, if the striking of the other person was accidental or unintended you may be entitled to dismissal due to your lack of intent. Similarly in situations where there is a mutual fight or “mutual combatants” you may have the defense that the contact was not against the other person’s will because they were equally engaged with you.

Florida Stand your ground law provides a defendant with immunity from prosecution in when a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat. This person has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

If you have been accused of assault or battery it is important to contact an experience trial attorney to fight against these accusations. Anthony Rickman has represented multiple clients throughout the State charged with crimes of assault and/or battery. Contact us today for a free consultation.

Criminal Defense

Being arrested, accused, or investigated for a State or Federal Criminal Charge is a troubling experience. If you have been arrested, accused or believe you are being investigated for a crime, it is important that you hire an attorney with the experience, knowledge, and skill to aggressively defend you, and fight for your freedom. Who better to defend you against the Government’s accusations than a Former Prosecutor. Anthony Rickman, a former prosecutor and President of the Rickman law firm is the Attorney you can trust to defend you against the Governments accusations.

Attorney Anthony Rickman has the skill, knowledge, ability, and experience to aggressively and capably defend you against the accusations of the Government. With over ten years of experience practicing Criminal Law, Mr. Rickman has tried hundreds of cased before Judges and Juries, argued thousands of motions throughout the State of Florida, and negotiated countless favorable resolutions in a wide array of criminal cases. Anthony’s ability in the courtroom has resulted in Not Guilty verdicts before Juries and Judges, the dismissal of charges and the suppression of evidence. Mr. Rickman’s ability in and out of the Courtroom is exemplified by his many awards and recognitions including his 10 star rating on AVVO, and his AV preeminent rating (the highest rating an attorney can receive) from Martingale-Hubble.

Attorney Anthony Rickman, President of The Rickman Law Firm has successfully represented clients charged with a wide array of crimes including but not limited to Serious Felonies, Federal Offenses, Murder, White Collar Crimes, Drug Possession, Drug Trafficking, Sex Crimes, Child Pornography, Child Abuse, Manslaughter, Gun Related Offense, Assault, Battery, Theft, Fraud, obstruction of Justice, Burglary, DUI Manslaughter, Leaving the Scene of an accident and countless other felonies and misdemeanors.

One of the biggest mistakes that a person can make once they are accused, arrested or under investigation for a crime is delaying in hiring an attorney. Often times Mr. Rickman is able to work with his clients, the police and the State before charges are ever brought, or officially filed so that his clients never experience the Criminal Justice court system. If you have been arrested or accused of a crime in State or Federal Court, don’t delay contact Anthony Rickman for a free consultation.

Federal Criminal Defense

Being accused, investigated or arrested for federal offense is one of the most troubling experiences a person can have. When accused of a federal crime, it is important that you contact an attorney experienced in Federal Court to represent you against the Government’s accusations. The attorneys at The Rickman Law Firm represent clients charged with a wide array of federal offenses.

If you have been arrested, received a letter indicating that you are the target of a Federal investigation, been contacted by a federal agent, received a Grand Jury subpoena, or have already been sentenced in Federal Court contact the attorneys at The Rickman Law Firm for a free consultation. If the Government has decided to indict you or charge you with a Federal Crime, or you have been arrested for a federal crime you need to hire an attorney that is knowledgeable of the law, has experience in Federal Court, and is able to try your case before a jury to defend you against the Governments accusations.

The majority of Federal investigations are done in secret utilizing the vast resources of the Federal Government. As such the Government may have already built a case against your before you are ever aware that you were under investigation. A person may find out that they are being investigated when they are met by a federal agent requesting that they answer questions, or are blindsided by multiple agents executing a warrant. If you are confronted by a Federal Agent or investigator, it is important that you talk to an experienced attorney before making any statements. Remember you have the right to remain silent and the right to an attorney before taking to any Federal Agents. Our attorneys represent clients in all stages of Federal Cases and will advise you on your rights and analyze your case prior to you making a statement if you choose to do so.

A Federal crime is one that violates the laws of the Unites States in violation of the US Code, or that is committed on federal property. Federal Crimes include drug conspiracies, multiple types of fraud, white collar crimes, firearm offenses, obstruction of justice, child pornography, tax related offenses, conspiracy, RICO, crimes against federal employees, and other crimes that the United States assumes jurisdiction over. If you have been accused of any of these crimes do not delay and contact our law firm for a free consolation.

DUI Defense

Fighting Your DUI:

An experienced Defense Attorney can fight your DUI by attack all of the elements of the State’s Case.  Anthony Rickman has successfully represented his clients at every stage of the DUI case and will do the same for you.

A DUI is generally broken down into the following three components: (1) the traffic stop (2) The Field Sobriety Exercises (3) the Breath Test or Refusal.  By attacking these parts of the case individual Mr. Rickman may be able to have the case dropped completely or be successful at a motion to dismiss.

Most DUI cases are based primarily on the interpretation of four pieces of evidence.

 1. The Stop of your vehicle

The crucial part of your case involves the stop of your vehicle.  In order to lawfully stop your vehicle, Law Enforcement is is required to prove hat they had probable cause that you committed a traffic infraction or reasonable suspicion that you were ill, tired, committing a crime or impaired.  If the Officer who stopped your vehicle lacks the legal justification to do so then your entire case could be thrown out.  Anthony Rickman has argued hundreds of motions regarding illegal traffic stops that resulted in his client’s DUI’s being dropped, reduced, or dismissed by the Judge.  If you feel your vehicle was unlawfully stopped buy the police it is important that you contact Anthony for a free consultation today.

2. Field Sobriety Tests

The police in 95% of the cases use Field Sobriety Tests as the primary indicator of
impairment to determine whether or not a person will be arrested for DUI.
However, there are a number of factors that can lead to a mistaken interpretation
of your impairment, such as:

• Being nervous, scared, tired or distracted during testing.
• Physical disabilities which prohibit one from performing the tests to the satisfaction of the arresting officer.
• One’s own natural lack of coordination and balance in everyday activities.
• The environment in which the tests were conducted:
  • -Were the tests performed on a flat level surface?
  • –How close to the roadway and traffic were you?
  • –The lighting condition or lack there of?
• Were the Field Sobriety Tests merely told to you or demonstrated correctly?

3. The Breath Test or Refusal

If you refused to provide a breath sample the State may argue that you did so because you knew you were guilty.  This argument is flawed in many ways.  If you have a refused the state will use your refusal against you. It is important that you have an experienced lawyer who is able to rebut the State’s arguments.

If you blew over the legal limit, it does not mean that you are guilty of DUI.  There are multiple reasons as to why a person may have a high blood alcohol level and not be impaired. Anthony Rickman is experienced in handling cases where his clients had blood alcohol levels above the legal limit.  Utilizing state of the art software, scientific equations, and his vast experience Anthony is able to present to the State evidence that would suggest that the blood alcohol reading taken at the jail is not what it was when you were driving.

Additionally, the results can be suppressed based on many factors such as:

• Improper maintenance, calibration, or lack of proper certification of the
  machine.
• The lack of proper training and licensing of the operator.
• Radio Frequency Interference to the machine via police radio signals.

Your breath may also be high due to faulty reading on the test. Inadequate readings can be caused by such things as:

• The failure of police to observe you 20 minutes prior to blowing into the machine.
• Hiccups, burping, or belching prior to taking the test can cause false “high” readings.
• The wearing of dentures, bridges or gaps between the teeth can cause artificial “high” readings

4. Other Relevant Issues for your Defense

• Did the officer have a valid reason to stop your vehicle?
• Were your Miranda warnings read to you prior to any questioning?
• Were any statements made by you misinterpreted or misunderstood by the police?
• Is your recollection of what happened consistent with the officers version and those of any passengers or witnesses

Florida Statutory Penalties fir a first time DUI

Did you know that Florida law requires anyone convicted of a DUI faces certain mandatory sentences such as:

1.) A six month driver license suspension;
2.) DUI School and an alcohol evaluation;
3.) 50 hours of community service;
4.) A $500.00 fine plus court costs;
5.) A ten day vehicle immobilization;
6.) A six month to 1 year probationary period;
7.) A possible six month to two year vehicle ignition interlock device; and
8.) A potential jail sentence up six months.

Revocation Periods for DUI

1st DUI conviction – a six month to one year suspension
2nd DUI conviction – a five year suspension if within five years from the prior conviction
3rd DUI conviction – a ten year suspension if within ten years from a prior conviction
4th DUI conviction – a lifetime suspension

Administrative Suspensions

These are imposed by the Department of Motor Vehicles (DMV) as a result of either blowing over the legal limit (.08) or refusing to provide a blood, breath or urine test upon request by a law enforcement officer.

1st refusal – one year suspension
2nd refusal – eighteen month suspension
1st blow over the legal limit – six month suspension

Felony Offenses

Criminal offenses are typically classified as either a misdemeanor or a felony. A felony is a more serious crime that results in a stricter penalty if convicted. Felony cases include an indictment or preliminary trial and, in some cases, the accused may be imprisoned while they await their trial. If convicted of a felony crime, the guilty party will serve out their sentence in either a federal prison or state penitentiary. If you have been accused of a federal crime, you require the services of a federal criminal defense attorney in Tampa.

How are Felonies Classified in Florida?

There are a wide range of felony crimes in Florida, and the punishment can range anywhere from as little as one year to life in prison. Felonies can be classified as third degree, second degree, first degree, capital, or life punishments:

Third Degree Felony: When a defendant is found guilty of a third degree felony, they can receive up to five years in prison and can receive a fine up to $5,000.

Second Degree Felony: If a defendant is convicted of a second degree felony, they may receive up to 15 years in federal prison and a maximum fine of $10,000.

First Degree Felony: When a defendant is convicted of a first degree felony, this offense is punishable up to 30 years in prison and a maximum fine of $10,000.

Capital and Life Felonies: The most serious type of felony sentencing is for capital and life offenses. These crimes can be punishable by life imprisonment or the death penalty.

Examples of Federal Crimes

Here are some common examples of felony crimes:

• Homicide
• Assault or Battery
• Kidnapping
• Robbery (not including petty theft)
• Carjackings
• Arson
• Sexual Assault and Other Sex Crimes
• Stalking (credible threat)
• Grand Theft
• Child Abuse
• Aggravated Animal Cruelty
• Resisting Arrest With Violence or Assaulting Law Enforcement
• Drug Trafficking Crimes
• Possession of a Controlled Substance
• Incest
• Tax Evasion
• Fraud
• Money Laundering
• Treason
• Carrying a Concealed Firearm without a License

Consult an Experienced Attorney

Under Florida law, if you have been convicted of multiple felonies in the past, you could receive a longer prison sentence if you are convicted of another felony. When you are accused of a felony crime, there is more at stake than just a lengthy federal prison sentence if you are convicted. From employment opportunities to furthering your education to qualifying for government benefits or owning a firearm, many basic rights can be compromised by a felony conviction.  

If you have been accused of a felony crime, consult with an experienced criminal defense attorney that can help you determine the best course of action to take next.

For a free consultation with a federal 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.

Violation of Probation

Probation is a court-ordered sanction that provides a person with the opportunity to avoid imprisonment and serve out their sentence in their community; however, they must abide by the court-approved conditions of the probation. As the terms of probation greatly vary and are determined on a case-by-case basis, an individual under probation is typically required to report to a probation officer, seek counseling, perform community service tasks, or take mandatory drug tests.

If an individual is in violation of the conditions of their probation, this can result in serious penalties including significant fines, an extension of their probationary period, or even imprisonment. If you have been accused of a violation of probation, your case requires the attention of an experienced criminal defense lawyer in Tampa.

Most Common Violations of Probation

There are several common ways that an individual can violate their agreement including:

• New Charge: if the person is charged with a new crime, the probation may be revoked for this violation of the law.
• Drug Violations: if they fail a drug test, are in possession of drugs, caught distributing drugs, or failed to complete a drug treatment program, these are all violations.
• Refusing to Pay: if ordered by the court to pay court costs, fines, or restitution and the individual fails to comply, nonpayment is a violation.     
• Failure to Report: whether the person fails to report to their probation officer or does not appear for a court appearance, these violations can result in a revoked probation.
• Traveling Violations: if the person travels outside of the state without permission or willfully violates the terms of their probation, the probationary period may end.

What is the Penalty for a Violation of Probation?

There is no definitive rule for what happens after an individual is reported for violating their probation. A probation officer may issue a warning for less serious offenses; however, if the violation is significant and willful or if the individual has a history of violations, the probation officer will submit an Affidavit of Violation to the court and the accused will be ordered to appear for a probation violation hearing.      

During this hearing, a lawyer can present your case and the judge will determine whether or not your actions were in violation of the conditions of the probation. If the judge determines that the defendant was in fact in violation of the conditions of their probation, the following penalties could be imposed:

• The probation conditions may become more strict
• They may need to perform community service, attend rehabilitation, or take other corrective measures
• The probation may be revoked altogether
• They have to pay significant fines or restitution
• They may be required to briefly serve or serve the remainder of their probation in jail
• The original sentencing may be imposed including the maximum penalty of the crime

Consult an Experienced Criminal Defense Attorney

If you are required to appear in court for an alleged probation violation, it’s important that you understand the severity of this offense and act accordingly by consulting with an experienced attorney that can navigate you through the legal system. At The Rickman Law Firm, we are intimately familiar with your legal rights and can offer you aggressive defense in a probation violation hearing.

For a free consultation with a criminal defense law firm 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.

Child Abuse

If you have been accused of child abuse or child neglect, it is important to contact an experienced, aggressive, and skilled attorney to defend you against these serious allegations. Throughout the State of Florida, Anthony Rickman has successfully represented clients in all stages of child abuse and neglect cases, including motions to dismiss, motions to suppress, motions to exclude expert witnesses, restraining orders, DCF investigations, and jury trials. If you have been charged with child abuse or a child related offense, don’t delay, contact Anthony Rickman at The Rickman Law Firm for a free consultation.

FELONY CHILD ABUSE

A person facing child abuse charges can lose their parental rights; have their reputation damaged; and sustain a criminal record, costly fines, and even a prison sentence. Depending on the circumstances of the case, crimes related to physical or mental harm inflicted on a person under the age of 18 are classified into three categories: child abuse, aggravated child abuse, and child neglect.

Have You Been Accused of Child Abuse?

Child abuse is a third-degree felony punishable by up to five years in prison. Florida statute 827.03, defines child abuse as:

* an infliction of physical or mental injury upon a child

* an intentional act that could reasonably be expected to result in physical or mental injury to a child

* active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child

Have You Been Accused of Aggravated Child Abuse?

Child abuse charges can increase in cases in which the child was caused great bodily harm. Aggravated child abuse is a first-degree felony punishable by up to 30 years in prison. Aggravated child abuse is when a person: 

* commits aggravated battery on a minor

* willfully tortures or maliciously punishes a child

* knowingly or willfully abuses a child and in doing so causes great bodily harm, permanent disability, or permanent disfigurement to the child

It’s important to note that “great bodily harm” is defined as being distinguished from slight, trivial, minor, or moderate harm, and does not include mere bruises that are likely to be inflicted during assault and battery. A broken bone, a permanent scar, disfigurement, or extreme physical or mental injury could be defined as great bodily harm.

Have You Been Accused of Child Neglect?

Depending on the level of harm inflicted, neglect of a child can result in either a second- or third-degree felony. A third-degree child neglect charge is punishable by up to five years in prison, whereas aggravated child neglect is a second-degree crime punishable by up to 15 years in prison. Aggravated child neglect is when a person willfully or by culpable negligence neglects a minor, resulting in great bodily harm to the child.   

Child neglect charges can also stem from repeat incidents or an isolated incident. Florida law defines child neglect as:  

* A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child

* A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person

CHILD ABUSE AND AGGRAVATED CHILD ABUSE DEFENSE

If you have been accused of child abuse or aggravated child abuse, it is important that you have an attorney by your side who can explore all of your available defenses. Defenses to child abuse can include the following:

Right to Discipline: Parents or certain professionals (teachers, caregivers, and legal guardians) have the right to administer physical discipline to a child as long as this discipline doesn’t result in physical injury to the child. In other words, if a child is marginally bruised as a result of a parent administering discipline, it is not considered child abuse.  

False Claim: Child abuse is one of the most falsely reported crimes. Often, people are accused of child abuse or aggravated child abuse when they are completely innocent. Whether a child abuse report stems from mandatory reporting laws, a child custody battle, or a divorce, many are made without the accuser providing sufficient evidence that a crime occured. In many of these cases, the party reporting the incident does not understand laws related to child abuse. Unfortunately, far too many innocent people are arrested, investigated, or accused of a crime that they did not commit. 

Injury is Related to an Accident: To prove the crime of child abuse or aggravated child abuse, the state must show that the injury was caused by abuse. As many parents know, children are prone to injury. Innocent conduct or accidental injury cannot serve as the basis for a child abuse charge as the crime of child abuse requires “intent” to injure or harm on the part of the defendant.

Lack of Evidence of Great Bodily Harm (Aggravated Child Abuse): The crime of aggravated child abuse requires the state to prove that the defendant caused great bodily harm, permanent disability, or permanent disfigurement to the child. People are sometimes accused of aggravated child abuse when no such harm was caused by the defendant. The absence of great bodily harm is a defense against a charge of aggravated child abuse.

CHILD NEGLECT DEFENSE

Child neglect and aggravated child neglect are serious crimes in the State of Florida. It is important to hire an experienced and aggressive attorney to defend you against these allegations. Anthony Rickman has successfully defended clients charged with aggravated child neglect at all stages of their case, including at jury trial. Contact The Rickman Law firm today to explore possible defenses. These defenses could include: (1) that you were simply negligent not culpably negligent as required by the statute (2) that you were not the cause of the injuries to the child (3) that you are a caregiver (4) that you did not know the child needed intervention by a doctor or law enforcement (5) that you did provide the child with the care and services necessary.

If you have been charged with failure to report child abuse, or someone you know has been charged with child abuse/neglect, it is important that you contact an attorney to discuss your legal rights and options. Anthony Rickman has the ability, knowledge, and experience to assist you in all stages of this case. Don’t delay, contact The Rickman Law Firm today for a free consultation.

Burglary

Burglary is an extremely serious felony offense in the State of Florida. If you are under investigation for or have been accused of Burglary, it is important that you know your rights and that you hire an experienced and skilled attorney to represent you. Attorney Anthony Rickman has represented numerous client throughout the state of Florida charged with different varieties of burglary. Through his diligent, aggressive, and very thorough representation, Mr. Rickman has successfully defended clients against burglary accusation that resulted in the reduction, or dismissal of criminal charges. If you have been accused of Burglary, contact Anthony Rickman at The Rickman Law Firm for a free consultation.

In Florida, burglary occurs where a person enters or remains in a dwelling, a structure, or a conveyance with the intent to commit a criminal offense therein. Burglary by definition is unlawfully entering a dwelling, structure, or conveyance with the intent to commit a crime inside; or the lawful entry into a dwelling, structure, or conveyance, but then remaining inside either with the intent to commit a crime; or after permission to remain has been withdrawn, with the intent to commit a crime inside; or with the intent to commit a forcible felony. The possible sentence a person may face and the degree of charge will vary depending on if the location that was burglarized was occupied or not.

Burglary of a Dwelling:

A dwelling is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the surrounding curtilage. Burglary of a Dwelling is a Second Degree felony punishable by up to 15 years in Florida State Prison.

Burglary of a Structure:

A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage. Burglary of a Structure is a Second Degree felony punishable by up to 15 years in Florida State Prison.

Burglary of a Conveyance:

A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. Burglary of a Conveyance is a Third Degree felony punishable by up to 5 years in prison.

Armed Burglary:

Armed burglary is a first degree felony punishable by up to life in prison. A person can be charged with armed burglary if in the course of committing a burglary the person arms himself (with a weapon), or becomes armed within the dwelling, structure, or conveyance. A person can be charged with armed burglary in Florida if they arm themselves while they are inside the home (by possessing a weapon that they retrieved from the dwelling or conveyance), or were armed when they entered the location, or armed themselves after leaving the location. It should be noted that if the weapon possessed was a firearm the person accused will face a minimum mandatory sentence under the 10-20-life statue.

Home Invasion

Home Invasion occurs when an offender enters a dwelling with the intent to commit a robbery of the occupant’s therein. If in the course of committing the robbery the person carries a firearm or other weapon he or she can face a first degree felony punishable by life imprisonment.

Burglary with Assault or Battery:

Burglary with Assault or Battery is also a first degree felony punishable by up to life in prison. To prove the charge of Burglary with Assault, the State must show that the person accused entered a dwelling, structure, or conveyance with the intent to commit a crime therein; and while engaged in the burglary committed an assault by making an unlawful threat of violence through act or word with the ability to carry out that threat. To prove the charge of Burglary with Battery, the State must show that in the course of committing the burglary, the person accused touched or struck another person against that person’s will. If you are accused of Burglary with Assault or Battery, you will most likely be facing a mandatory prison Sentence based on the Florida Sentencing guidelines.

Defenses:

If you have been arrested or accused of Burglary you could have multiple defenses available to you. As often as burglary accusations are made; it’s incredibly hard to prove due to lack of evidence that the accused entered the home. A skilled attorney can attack the State’s lack of evidence, such as eyewitness identification, fingerprints, or DNA to establish that the charge cannot be proven. A common defense to burglary is that the person accused of the crime did not commit the burglary, nor assist’s in the burglary but was charged because a friend or family member entered a dwelling, structure or conveyance without the knowledge of the othe that they did not have permission to do so. In these cases, simply being a bystander is not a crime. Another defense to burglary is that you have permission or consent to enter the dwelling, structure or conveyance. Finally, in order to be convicted of burglary the state is required to prove the person accused had the intent to commit a crime. Therefore, lack of criminal intent is also a defense to burglary.