Florida’s standard ground law still confusing in light of Markieis Mcglocklon case

William R. Moore on Deadly Force and use of firearm to defend one' self

The recent Markeis Mcglocklon arrest is the latest long-line of controversial cases involving deadly force which is claimed to have been used in self-defense.

Criminal law used to require a person to retreat from a threat

The use of deadly force to defend oneself has always existed, however, under common law, the defender first had an obligation to retreat prior to asserting any type of legal justification. Florida’s standard ground law eliminated this duty to retreat which raised concerns as to vigilante justice throughout the state of Florida.

Two scenarios under Florida’s “stand your ground” law

Justification for the use of deadly force is presumed where such force take place in a person’s home or automobile. This fueled the fire in that many

An individual may use deadly force in any other place that they have a legal right to be where that person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to either himself or others, or to prevent the imminent commission of a forcible felony.

Threat of death or great bodily harm

I think we’re seeing here is either a misunderstanding or a loose definition of the “necessary to prevent imminent death or great bodily harm” claims William R. Moore

Florida courts have defined this as a justifiable belief that:

The assailant was attempting to murder them,

commit and aggravated assault upon them,

burglarize them,

a forcible felony,

sexual battery

etc.

False sense of security among Florida gun owners?

Florida has some of the most liberal concealed carry laws in the nation and it is been argued that the stand your ground law has created a somewhat false sense of security with regard to when you can draw a firearm.

You perceive a threat, doesn’t matter if your public, the law says that you’re justified in meeting force with force. If you justifiably fear great bodily harm then you can take a step further and use deadly force such as killing the assailant with firearm.

What about situations where you can’t justify a fear of great bodily harm or death?

What then of situations where someone is in fear of being pushed rather than being severely beaten or killed? How is the use of a firearm viewed under Florida law in that circumstance

There are many ways that you can use a firearm. Understanding that you should never pull a firearm unless you’re prepared to use it, you can still tell an assailant that you have a gun and that you’ll use it if necessary. You can show them that you have a gun and can actually pull that firearm. You can even take another step in point that gun at your assailant. All of these things can be done without firing a shot.

It’s interesting though that Florida’s standard ground of law doesn’t mention firearms in the statute rather only the term deadly force. This of course includes firearms, however:

What if someone fears that they are in danger of being battered but not justifiably to the extent that they are in danger of serious bodily harm, such as being pushed to the ground?

Can you draw a gun?

Florida courts have held that simply drawing the gun is not in itself considered the use of deadly force. Pointing a gun at someone does not in itself constitute the use of deadly force. Marty v. State in 2016, Rivero v. State,

This would seem to suggest that an individual can draw a firearm when they have a justifiable fear that any unlawful force is to be used against them no matter how slight. This would also allow for the drawing of a firearm to prevent a trespass on twins property.

Drawing a gun and firing it in the air as a warning shot does constitute the use of deadly force under Miller v. State. Florida’s standard ground law was amended however to allow the firing warning shot.

 

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Juror Bias in Sex Cases

Video Broadcast with Lawyer William R. Moore in Fort Lauderdale

Few offenses if any are viewed with more distain by the American people than those involving sex crimes. Problems faced by cruel defense attorneys are compounded when the victim in such a case is a minor. Statistical analysis of cases involving sexual battery on a minor in the state of Florida revealed that jurors are more likely to believe a victim’s testimony over a defendant as opposed to other crimes. Sympathy for the defendant is almost nonexistent in such cases as opposed to violent offenses that are not sexual in nature according to South Florida Criminal Defense Attorney William R. Moore.

Direct communication between lawyer and potential jurors

How a defense lawyer confronts juror biases depends on the facts and circumstances of each case according to Moore. Obviously, the jury selection process is of paramount importance from a tactical standpoint. There is no question that by virtue of the way our legal process works the selection phase is the only avenue whereby a criminal lawyer may confront juror biases by talking to them individually and directly. See the following video for an effective example as to how jurors may rethink their positions as the triers of fact in a sex case.

Educating the triers of fact about the criminal justice process

The voir dire phase of a criminal trial affords an opportunity for the lawyers to weed out biases that will negatively impact their case. This is considered the primary and most paramount issue to be addressed. According to William Moore this is also the best opportunity to get jurors to think more objectively. Although the purpose of jury selection from a legal standpoint is not to educate jurors, the mere fact that you are able to hold a conversation with these people mandates that use take special care in formulating your questions. The defending lawyer should pose questions in such a way as to get the presumptive panel thinking about the ramifications to not only the accused but to our criminal justice system as a whole should they wrongfully convict an innocent person.

Getting potential jurors to discuss legal concepts

Criminal Jury Selection by William R. Moore in Broward County FLI recently did a radio show with former 30 year public defender Drew Atria whereby we discussed ancillary benefits to being conversational with members of the presumptive panel. The way a defending attorney should begin that conversation depends on a great number of factors depending on what has already been learned about them throughout the process. Criminal lawyers are at an advantage in that they are the last ones to question jurors. You go into your questioning already knowing quite a bit about each member of the presumptive panel. Such knowledge is crucial in determining how to facilitate a conversation with a particular person that may or may not be chosen to sit in judgment of your case.

Alleviating fears of each person before the sit in judgement

Every one of these individuals called for jury duty is nervous. If you can get them talking rather than just answering basic questions that nervousness goes away and they become much more comfortable in the process. More importantly, individuals tend to relate to if not feel some small level of connection to a person who alleviated their fear and anxiety in a stressful situation. Take away a potential jurors stress and they are more apt to reward you for it on some level.

For information about how to be on the William R. Moore’s State of Arrest video broadcast or submit a question, contact criminal defense lawyer William R. Moore directly at 954-523-5333. William R. Moore Criminal Defense Lawyers is located at 1 Financial Plaza Suite 2500, Fort Lauderdale FL 33394

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Committing a Crime with an Unloaded Firearm

William R. Moore Criminal Lawyer | Firearm Defense

Recently the Broward County Sun-Sentinel reported on a case involving a robbery alleged to have taken place in Fort Lauderdale Florida. According to the victims, the assailant was armed with a handgun, which was pointed directly at her head.

See Sun-Sentinel Article: Armed robber fired empty gun at intended victims

According to police, the assailant attempted to fire the gun several times, however, no bullets discharged due to the fact that the gun was not loaded.

Criminal defense attorney William Moore states that the fact that the firearm was unloaded is obviously fortunate for the victim, however, will in no way negate the “robbery with a firearm” charges that have already been filed by the Broward County State Atty.’s office. The fact is that under Florida criminal law, it is not a defense to a firearm charge that the gun was not loaded.

A review of the Broward County criminal court case file revealed that the assailant was charged with one count of robbery with a firearm in addition to six additional counts such as aggravated battery with a deadly weapon and aggravated assault with a deadly weapon. Attorney Moore pointed out that according to police reports the assailant hit at least one of the victims with the butt of the unloaded pistol.

No information was available as to whether or not the assailant had been previously convicted for a felony offense, nor whether or not he was licensed to carry a firearm. There did not appear to be any charges filed for carrying a concealed firearm nor possession of a firearm by a convicted felon.

Robbery with a Firearm

Florida Statute 812.13 makes it a criminal offense to take property from another through forceful or violent means while in possession of a firearm. There is nothing in the statute that speaks to ammunition, meaning that the fact that the gun was unloaded is of no consequence from a criminal defense standpoint. In fact, use of the gun as part of the force required under the Florida statute is not necessary either. Meaning, an individual who pushes another to the ground in order to snatch their necklace can be charged and found guilty of robbery with a firearm where said assailant had a pistol in their back pocket.

Robbery with a firearm is a level 9 first-degree felony. Defendants convicted of robbery with a firearm are subject to minimum sentences under Florida’s 10-20-life firearm enhancement.

Questions regarding this case should be directed to attorney William R. Moore in Fort Lauderdale, Florida by calling 954-523-5333.

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ADDING CHARGES OF BATTERY ON A LAW ENFORCEMENT OFFICER IN ORDER TO JUSTIFY POLICE BRUTALITY

Fort Lauderdale Florida Criminal Defense Lawyer William Moore

In this State of Arrest Podcast:

A client comes into your criminal defense firm after having been arrested for low-level offense. You see that they have been roughed up by the marks on their face to which they explain that they were physically assaulted during the course of their arrest. Why is it that you can pretty much guarantee that felony battery on a law enforcement officer charges have been or will be added as account to their charges.

Added Charge of Battery on a Law Enforcement Officer

Today were going to examine how a suspects mouthing off to a police officer could turn a simple misdemeanor arrest into the charging and prosecution of serious felony allegations by police officers. Ask any criminal defense attorney in South Florida and they will tell you that suspicions run high when faced with a client who bears the marks consistent with being restrained by law enforcement officers. The fact is that an inordinate amount of accusations have been made over the years by suspects claiming to have been unjustifiably beaten up by arresting officers following an admitted verbal attack on officers. Keep in mind that the discrepancy comes from allegations as to verbal verses physical attacks on the part of the suspect.

Under Florida law, a police officer may exercise reasonable force to gain control of a suspect only when threatened with violence. Physically attacking a suspect who has insulted or verbally accosted said officer is per se presumed to have committed misconduct. This unjustifiable use of force may result in the termination and prosecution of the violating police officer.

Just as there are good cops, we all know that there are bad ones to. Over the years we have seen an increased number of police brutality cases, many of which have been captured on film. An overwhelming amount of the aforementioned cases involve officers who were not physically provoked but rather responded to insubordination on the part of the individual being investigated. From a criminal defense standpoint, serious concerns arise from cases that provide no actual evidence of the events that took place during an investigation and arrest of an individual who has suffered some form of visual injury resulting during the course of their arrest.

Everyone has a breaking point when it comes to being assaulted verbally and where a police officer crosses the line by using force against an unruly suspect, the only way to avoid termination and/or criminal prosecution is to allege an act of violence perpetrated by the suspect during the course of arrest. There is simply no other way that the police officer can bring a suspect in for booking who bears clear injuries to the face and body. In other words, unless a police officer is willing to admit misconduct and accept the ramifications for committing police misconduct, the only viable option is to allege that the suspect instigated a violent act toward the arresting police officer.

Criminal defense attorneys in South Florida have historically grappled with how to best to approach the defending of clients who appear to have been overcharged as a result of what started out as verbal insubordination during an investigation involving a low-level misdemeanor crime. In a trial setting, a defending lawyer cannot expect to be able to outwardly argue that a police officer lied about physically battering a suspect in order to cover up an otherwise unjustifiable case of police brutality.

Limitations on just how fine of a line attorney may walk is often determined in the midst of trial where both prosecutor and presiding judge anticipates such an age old argument. One that where outwardly stated to the full degree can be viewed as improper and prohibited.

The most appropriate way to deal with issues pertaining to police brutality and misconduct under the circumstances is yet unclear. Even the most tactical approach on the trial level would require an intimate knowledge of how to implement that strategy based on the tolerances of each individual judge. Even under these circumstances issues related to the exposure faced by a criminal defendant will still often result in a desire by certain suspects to plead to the felony charges out of fear of exposure to incarceration sentences should they be found guilty.

The educating of individuals as a whole with regard to understanding the many dangers associated with the effectuation of an arrest in any Florida jurisdiction also seems to be an unlikely solution.

If either you or loved one has been the victim of police brutality and want to have your story heard, contact me, criminal defense attorney William R. Moore and schedule an appointment to explain in person at my office in Fort Lauderdale Florida. You may also contact me directly by calling 954-523-5333.

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ASSAULT RIFLES: LOOK MENACING OR MENACE TO SOCIETY

Firearm Laws | Gun Lawyer William R. Moore Fort Lauderdale Florida

Transcript of William R. Moore State of Arrest Podcast

With so many options available to customize an M4 or AR 15 from mounts on rail systems, interchangeable uppers and lowers the modern “military looking” rifle is being dubbed by many as the male Barbie doll. Only this Barbie doll looks menacing.

And that’s why gun enthusiasts like it.

(more challenges to the ar-15 assault rifle – a ban on them considered constitutional. Just what is an AR-15 – This is State of Arrest and I’m your host William Moore)

More challenges are being faced by citizens who enjoy their constitutional right to own an assault rifle, whether it’s an attempt to restrict the sale of green-tipped 5.56 NATO ammunition or a higher court’s ruling that the local banning of assault rifles is constitutional, it appears that the challenges are going to continue.

Worse off, it would appear that those seeking to ban assault rifles through one form or another appear to be gaining traction.

So Just what is an assault rifle?

Does it just look menacing or is it a menace to society?

Those seeking to ban assault rifles think they look pretty darn scary which is, although they wouldn’t admit it, the only rational basis, to restrict or do away with the AR 15’s ownership by citizens altogether.

First off, I want to put it out there, and this is a fact. The staple ammunition for an AR 15 is the 5.56 NATO. It makes sense to consider the lethality of this weapon, doesn’t it?

One easy method would be to call any hunting lodge in America and ask if you can hunt on their land with an assault rifle of this caliber and you can guarantee to be told “not here, not with that caliber.”

For those of you that aren’t familiar with firearms of this type or hunting, you’re probably jumping to all kinds of rationale as to why you would be told something like this. Is it because these guns are designed for war and not hunting? Hardly.

Any reputable lodge owner, employee or hunter will tell you it boils down to one thing. An AR 15 assault rifle is simply to light to hunt even medium game.

So light, that issues of humane hunting come into play as a 5.56 shell is more likely to injure an animal who will run off only to die hours or days later from injury.

Let’s compare two rifles.

Take an M4 (another name for AR 15) manufactured by the popular assault rifle manufacturer Daniel Defense. A company that has been on the scene for only a few short years and yields anywhere from $2000-$4000 per firearm.

Compare that to a Marlin lever-action hunting rifle which has been manufactured in the United States for over 100 years and currently sells for about 500 bucks.

There is no comparison to the discrepancy in stopping or killing power between these two weapons. With ammunition such as the 45 – 70 government or 30-30 Winchester caliber, ammunition first manufactured before color television or even television for that matter is far more lethal. It’s not even close.

Now let’s really get into it.

You know the silencers that we’ve all seen so many times in action films. Well they are legal to posses. Where is the outrage here? Where’s the effort to ban silencers that are designed to quiet a gunshot to a mere click. Not like in the movies and what I mean by that is that silenced weapons in motion pictures actually portray themselves as louder than the performance of a silencer in real life. Now that’s a killing machine. A stealth-killing machine. To obtain one you need only apply for a tax stamp. This can be done individually, through trust or even through a corporation.

How about an easily concealable short barrel rifle or shotgun? The power of an array of heavy ammunition in a weapon that you could conceal beneath common jacket. Also obtained either individually, through trust or incorporated business. A type of weapon that when used at the firing range is known to blow targets off of their mounts one and two lanes over.

Where’s the activism there?

The result of political maneuvering?

Criminal defense lawyers emphasize the fact that we have a lot of bad laws on the books as a result of individuals seeking political favor. Make no mistake, this is exactly what’s happening when it comes to attempts to ban the AR 15. Because no one involved in this fight could be so naïve to just how unfounded an argument for banning these firearms truly is.

You’ve been listening to State of Arrest and I’m your host William Moore.

If you have questions about any of the content within this broadcast feel free to call us directly or send us an email. We would love to hear from you.

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Ecstasy Exchanged for Sex at Correct Care Recovery Solutions?

Broward County ecstasy attorney William R. Moore

A mental health worker at a state psychiatric facility in Pembroke Pines is accused of plying a recovering drug addict with Ecstasy so he would repeatedly have sex with her.

Source: Mental health worker gave patient drugs in exchange for sex, cops say – Sun Sentinel

Recently an arrest in Broward County involved some very unusual circumstances amounting to allegations that a mental health technician exchanged the drug ecstasy for sex with a patient.

The incident took place at the Correct Care Recovery Solutions facility in Pebrokes Pines Florida.  According to Broward County Clerk of Court records,

a mental health technician employed by the facility exchange the illegal drug for 10 to 15 sexual encounters. The alleged victim stated under oath that he had no desire to engage in sex with the defendant and was done so only in an effort to obtain the said illegal substance. The victim further disclosed that the defendant would provide him with the ecstasy pills when she came on shift only to return later in the evening to his room where the alleged sexual encounters took place. On at least two occasions, the defendant required the victim to stand against his facility room door so that no one would be able to enter. It is further alleged that the defendant advised the victim not to tell anyone about the encounters or that he would be removed from the facility. Although currently pregnant, it is unclear whether or not the defendant is pregnant with the alleged victim’s child as a result.

When confronted with the allegations, the defendant claimed that all sexual encounters were consensual. She also claimed that she was aware of the victim’s diagnosis, however, did not believe any mental illness existed and that the victim was faking the illness to beat the system.

Criminal charges have been filed in Broward County to the effect of lewd and lascivious battery on an elderly or disabled person. According to Criminal Attorney William R. Moore, it is highly unlikely that any charges of delivery of a controlled substance will be filed due to the fact that no actual illegal drugs were recovered during the investigation.

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I was arrested for domestic violence and now I’m not allowed in my home what can I do?

Fort Lauderdale criminal defense William R. Moore

Many domestic violence arrests result in the accused being ordered not to visit their own home. This court order issued by the assigned domestic violence judge is legal and it does not matter if the person residing in your home has little or no right to be there.

Arrested for domestic violence in Broward County and need to get personal items so that I can work.

The quickest way to retrieve items from a residence that you have been ordered to stay away from is to contact a Broward Sheriff’s Office deputy to accompany you to that residence. If you have been ordered to stay away from the residence, even if it is your own house by way of a no contact order, you will be arrested being at that location without a police officer.

Domestic Battery Defense Attorney in Fort Lauderdale | William R. Moore
Attorney William R. Moore claims that many domestic violence abuse campaigns create an unfair bias against male defendants.

Can I have a no contact order withdrawn by the court?

The presiding judge upon proper motion by our Domestic Violence Attorneys can withdraw a no contact order. Tell us about the facts leading up to your being ordered to stay away from a residence and we will tell you specifically what can be done.

Use the form below and domestic violence lawyer William Moore, a Broward County lawyer for almost 20 years, will get back to you in less than 30 minutes. You may also call attorney Moore by dialing 954-523-5333

Ask us anything about criminal offenses in Florida.

Tell us about any investigations or arrests that you have been a party to.
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Sex Related Crimes Last Week in Broward County

Sex defense lawyer Fort Lauderedale

Okay this week in crime according to the Broward County Sun Sentinel we had a woman who received only a 60 day sentence after pleading to allegations of robbery by use of drugs. That sentence was out of the ordinary for the court that the newspapers reporting on the newspaper was reporting on this undoubtedly due to the fact that the sentence seemed extremely low for an individual accused of what’s considered a pretty serious crime in Florida.

Based on my experience as a criminal defense attorney practicing the same jurisdiction, I would bet that there were some pretty good reasons that the judge had with respect to why this defendant only received a two-month incarceration sentence. Our felony criminal court judges as well as a misdemeanor court judges certainly know what they’re doing and know what an appropriate sentence is for the particular severity of the crime charged. Remember the crime severity degree or level is but one factor in determining an appropriate sentence. Most importantly in any criminal prosecution are the facts and circumstances surrounding that particular case the exact same crime came from be committed in two ways that are entirely distinct from one another in terms of severity. My name is William Moore and I can be reached for comments on this issue by calling 954-523-5323.

Crime News in Fort Lauderdale

Fort Lauderdale Criminal Lawyers

Also on April 8, 2015 the Broward County Sun Sentinel reported on a pretty outrageous case of sexual assault and battery. And this is this is actually the second of this kind reported this week by the sun sentinel. Ian Charles Dewson, a man in his early 30s has been arrested for several counts of lewd or lascivious battery person between the ages of 12 and 16 this guy was caught by Broward Sheriff’s office deputies having had sex numerous times throughout the course of one month with a girl who was only 14 years old at the time. There is evidence to suggest that Mr. Dewson took reasonable steps when trying to cover his tracks by removing any evidence from the crime scene which included the removal of use prophylactic devices. He did not, however think to avoid electronic communication such as text messages with the underage girl which seem to be some of the strongest evidence in the Broward County prosecutors case against him.

The victim apparently lives in a gated community with her parents refused to identify defendant Watson out of the police lineup and it is unclear whether or not she intends to part participate in the police investigation and/or prosecution. Evidence of electronic communications seems to be very important to the survivability of this case. Mr. Dewson was ordered held unles a $100,000 bond was posted. According to the Broward County Sheriff’s website, Mr. Dewson is no longer in custody which leads us to believe that this bond has been posted.

It is worth mentioning that the 14-year-old victim has made statements to Broward Sheriff’s detectives that were later found to be untrue however the untruths appear to be attempts to protect Mr. Dewson from being prosecuted and may not necessarily weaken the state attorney’s case against him.

Just yesterday we had another sex case reported in Broward County. This one involved an organized scheme designed to either single out or convince young girls to have sex for money. The plan utilized social media sites. Specifically, the defendant befriended underage girls through casual conversation in order to learn things about them which included whether or not they would be willing to have sex for money. Those that would were singled out by the defendant who had sexual intercourse with as many as three of the underage girls. His bond was set at $100,000

Our next case this week doesn’t involve allegations of sex crime it does it did happen at a strip club. BSO deputies yes more of them in trouble again. Apparently this time a group of Broward Sheriff’s deputies were working privately for cash under the table in exchange not only for security services but also for some pretty significant perks. The pink pony strip club located in Pompano Beach must have thought that it hit the jackpot upon learning that they could extend the hours of operation well beyond 4 AM as required by all well beyond 2 AM as required by so many of the nightclubs serving alcohol in Broward County. The ability for bars especially one that is also a strip club has been a hot issue in Broward County for years. Staying open later equates to a heck of a lot more money for the club’s owners. Apparently in this most recent case the Broward Sheriff’s deputies were allowing the pink pony to stay open in exchange for money. This is tantamount to receiving compensation the deputies were receiving unlawful lawful compensation and receiving a benefit in exchange for their failing their civic duties to which they swore to uphold. Officers the officers involved are also two of alleged to have looked the other way during drug transactions and following the arrests. Following the arrests, things just seem to get worse for these officers as telephone calls were made to the potential witnesses that would testify against them. Records indicate that significant attempts were made to convince them to do otherwise by the suspected officers. It is unknown at this time as to whether or not witness tampering charges will be filed against the officers involved.

Attorney William are more has been practicing in Broward County Florida four years. He often speaks openly about recent allegations current allegations against Broward Sheriff’s deputies as well as Fort Lauderdale police officers such as in the recent Scott Rothstein case. He can be reached for comment on any issue regarding unlawful compensation of police officers by calling 954-523-5333

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Felony murder laws in Florida highly criticized and misunderstood

Broward Felony Murder Defense Attorneys Home

Florida adheres to felony murder rule despite other states in our nation having declared it unconstitutional. Most of our laws derive from governing rules considered to be inherent in nature hundreds of years ago. This system of criminal law was known as common-law which still stands as the foundation of our Florida criminal justice system. Together with modern criminal statutes, acts made criminal under Florida state law, regardless of their roots are often in sharp contrast to those of our neighboring states.

The highly criticized felony murder doctrine is one such criminal law strictly punished throughout the state. Although a rare offense due to its very nature, in recent years, this high level felony and accompanying prosecution has seemed to target children over the last decade… young ones. see change.org

While Broward Schools Bullying Laws and public service announcements warning of the dangers of same are the main focus of influencers and lawmakers, direct filing children into the adult prison system seems to just fly undetected.

Felony murder, although classified with other homicide/murder offenses, is not often easily accepted by large numbers of individuals who oppose the law due to its inherent and fundamental differences to that of its general offense class.

Broward County Felony Crime Lawyer Home
Strict Sentences the are almost unbelievable are being challenged by affected families of defendants

That being the act of killing another human being.

The primary distinction that is made when evaluating a criminal act and whether it falls within the category of offenses prosecuted as murder in Florida, is the distinction between a felony offense and that of a misdemeanor. Misdemeanor crimes are much lower in classification and severity then felony offenses. Misdemeanor crimes include but are not limited to:  shoplifting, DUI, some domestic violence cases, vandalism, criminal mischief, disorderly conduct, possession of marijuana, resisting arrest without violence and trespassing.

If you are confused about what actually constitutes felony murder in Florida, you are not alone. William Moore, a criminal defense attorney who has worked on several felony murder cases over the years claims that this is due to the fact that our felony murder statutes do not require any intentional act that is directly or indirectly aimed at even injuring another person. To further complicate matters, claims Moore, is the fact that under our current set of laws defendants can be charged with this most severe crime despite there being no act of negligence, carelessness, aggression, violence or intended victim. Little more than evidence of an act in furtherance of a felony during which time another individual lost their life is needed to proceed with charges that result in one’s spending the rest of their life in prison if convicted. Unless of course that conviction comes at a time in the perpetrators early years of life.

Fortunately, felony murder statute in Florida have a habit of landing smack dab on the heads of our youth. In 2011 some of the youngest individuals to ever be prosecuted with murder made their way onto the criminal courtroom stage. In response to family members and activists of these young condemned kids, lawmakers have done little if anything following the vast dissemination of knowledge, opinions and criticisms regarding this inherently unfair ancient rule. The countless websites and petitions have seem to have little effect on our stern criminal justice process. Other states in the nation however, have swiftly declared similar statutes unconstitutional. Other countries such as Germany and France never adopted such statutes even during the dark ages. As for homeland, England one followed a similar set of felony murder laws however has long since abolished them.

This is one of those tricky areas when it comes to criminal prosecution and defense. What would be hard-pressed to say that an individual who intentionally seeks out and commits a felony resulting in someone’s being injured or killed should be treated the same way as the perpetrator of a crime which resulted in no injury.

The thing that is important to remember about this criminal statute as opposed to other homicide related offenses is that the focus is on the qualifying criminal activity and that was the commission of a felony by the perpetrator.  If a prohibited act contains the necessary elements to bring charges of enhanced or felony crimes, felony murder charges may be filed if someone was killed or died during the commission of that underlying offense.  That is where all of the effort from a law-enforcement standpoint is focused from the onset.  Unfortunately for the perpetrators, this is not a difficult issue to determine. While there are technically several classifications of crimes under our Florida criminal justice system, the most basic classification is that of misdemeanor and felony.

see above for examples of misdemeanor offenses.

Felony offenses include but are not limited to: battery on a law enforcement officer, aggravated battery, crimes involving firearms most drug crimes including possession of cocaine, possession of heroin and possessing prescription medication without a valid prescription, fraud and white-collar crime, sex crimes, sexual assault, rape, possession of child pornography, kidnapping, false imprisonment and more complex crimes such as the use of a computer or Internet to cure a meeting with a child for purposes of obtaining sex.

Florida Felony Murder Statues Illogical?

A review of over 300 felony murder cases throughout Florida indicated a strong pattern of conduct that in no way was tentative caused the injury or death of another whatsoever. The very last letter of the law seems to exclude all of the foundations that behaviors warranting punishment are founded upon.

It is not required that a person charged with felony murder acted recklessly, or wanton disregard or intended anything other than permission of separate and distinct crime.

Attorney William Moore has written extensively on similar Florida laws and social misconceptions with regard to condemned acts that are completely and utterly devoid of criminal intent.

 Do you need to speak with a felony crime attorney about your case?  Our criminal defense team  has helped thousands of individuals accused of committing crimes in Broward County for the last 20 years. Criminal defense attorney William Moore has built a reputation in South Florida since the mid-90s through consistent criminal trial litigation and a 100% focus on refining the art of criminal defense. Additionally, attorney Moore lectures on criminal defense strategy and tactical consideration. William Moore is known for his somewhat outspoken approach to the illogical implementation of certain gateway crimes such as felony murder, certain sex crimes and DUI manslaughter to name a few. For information about how to obtain either written, audio or video lectures and commentary specific to  Florida’s often in adequate approach to criminal justice along with the erosion of our constitutional rights with regard to certain Florida criminal offenses contact our office directly.

We see these most challenging issues confronted by prosecutors and criminal defense attorneys alike in the DUI manslaughter arena. These cases are so troubling in that one family sits with a prosecutor and has lost a child while another family supports their son or daughter who used the terrible misjudgment after having a drink or two and got behind the wheel.

Many people don’t realize but a DUI resulting in death generally winds up being a six year and up sentence for negotiated cases. Meaning that the case is not taken to trial by the defendant. When we deal with our Florida kids who used poor judgment we add another great loss onto an arty tragic event.

It doesn’t end there according to criminal defense lawyers that we spoke to in the Broward County area. The social stigma and feelings of the general public are very strong when it comes to hurting another while operating a motor vehicle despite being impaired. College age convicts and younger never quite recover according to one Broward County DUI court judge.

This is another example of extreme penalties for behavior that obviously lacks the requisite criminal intent toward such sanction. Most people think nothing of their neighbor uncle who has one too many and drives home. Everyone wakes up the next day and little is said about it if anything. Take that same neighbor or uncle following an accident where there are signs of impairment and the general public becomes consumed with the very primitive and illogical drive to condemn the same act.

Societal problems such as these really shed light on how far modern civilization has to go before we are even able to understand the most common problems that we all deal with on a daily basis.

Attorney William Moore maintains a criminal law firm in Broward County Florida where he has practiced for the last 20 years. Attorney Moore built a reputation in South Florida for his work defending hundreds if not thousands of DUI defense cases, focusing on the vast and complex method that Florida both prosecutors and defense driving under the influence charges. Attorney William Moore, to date has tried over 200 criminal DUI jury trials successfully. In recent years, attorney Moore has focused on defending drug crime in the wake of South Florida’s prescription medication epidemic and pain clinic infestation.

William Moore can be reached for comment by contacting:

William Moore

William Moore Criminal Defense Attorneys

1 Financial Plaza #2500

Fort Lauderdale FL 33394


(954) 523-5333

 

Recently a question was submitted to our criminal defense firm in Broward County specific to Florida law which makes it a first-degree felony whereby a death occurs during the commission of a felony.

Question:

Can someone be charged under Florida’s L any murder statute when a death occurred during but not because of another’s commission of a misdemeanor offense. Does the term felony in felony murder mean that the crime had to be a felony?  If so does the death have to be related to the furtherance of that criminal act?  the specific facts of the case that I’m asking about involve the theft of an item valued at under $300. In fact the fair market value of the stolen item in question was only $75 at best. In all actuality the total loss came to less than $30 because the suspect dispensed the contents of said stolen item in a neighboring apartment complex ( fire extinguisher).  The cleanup required to return the stairwell of the neighboring complex to its original state was somewhere between 150 and $200. How can they add all of this up when the prosecution’s intent is clearly to justify the filing of felony murder charges against my nephew.

 

Answer:

I’m sorry to hear that your nephew is facing such serious charges for what is so often nothing more than an active poor judgment. Based on my experience, most people do not realize that Florida has enacted specific criminal statutes with respect to enumerated items such as fire extinguishers.  in your nephew’s case the fair market value of the fire extinguisher and cleanup is not at issue rather is the fact that theft of a fire extinguisher is classified as a felony offense regardless of how much the particular extinguisher cost the apartment complex. These laws were enacted for the sole purpose of ensuring the safety of individuals living in multi single family home residences such as duplexes and apartment buildings. Specifically the ability to extinguish fire before anyone is injured. I personally have never heard of a case whereby residents suffered injury following a fire that happened to occur immediately after one of the neighborhood kids stole a fire extinguisher. Unfortunately all of our Florida laws don’t make sense in practical application despite lawmakers having good intentions.

Being the theft of a fire extinguisher is a felony offense, this would qualify… just barely.

I’m surprised to learn that prosecutors are actually seeking felony murder charges on this, however, I did not see any information about what caused injury or death to another resident if that’s even how this fact pattern played out.

Nonetheless, if someone lost their life due to the dispensing of chemicals from a fire extinguisher that had just been stolen, I am afraid that Florida law would allow for prosecution under felony murder.

I would like more information about this case so I can give you better advice and evaluation of the charges that your nephew may face. If you are interested in having me look into this further please email William Moore at wrdefense.com

please include any and all police reports, statements and information that you may have regarding this case. Also let me know your nephew’s  exact age. I will get back with you as quickly as possible once I receive information.

Sincerely,

William Moore

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Half a Million Dollar Bond Set for Man Facing Child Pornography Charges

On Monday August 18th 2014 a Broward County Judge set a $510,000 bond for 44 year old Michael J. Bedinotti, a man accused by local authorities for having child pornography on his laptop. Reports claim the laptop holds 50 images of young girls engaging in sex acts.

See Article in Sun-Sentinel

The Deerfield Beach man, is charged with 50 counts of possessing child pornography and one count of illegal use of a computer involving child pornography. According to Broward Sheriff’s Detective Nicole Freeley, the man claims to have never touched a child in a sexual manner and only viewed the child porn out of curiosity.

Florida child sex crimes attorney Jim Weick has handled cases where individuals charged with child pornography has faced severer charges. Weick states “Just because there is no physical act of sexual battery does not mean the court will not penalize the individual.

Individuals convicted of child sex crimes will not only be added to the Florida sexual predators list but also will face fines and possible prison sentences.

Child sex crime laws have some of the most sever consequences for individuals. If you or someone you know is facing child sex crime charges, it is imperative to seek out an experienced sex crime defense attorney. For more information contact our Broward County law office at 954-523-5333

For the Florida Statues involving child pornography:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/0847.html
For more information contact our criminal defense firm:

William Moore Criminal Defense Attorneys

1 Financial Plaza #2500
Fort Lauderdale FL 33394
(954) 523-5333

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