Our Florida criminal mischief defense attorney explains; The Florida state legislature takes the damage or defacement of property as criminal mischief seriously as it leads to additional costs to the owners of the property, including the state. This criminal mischief with property damage includes graffiti as well as other damage to both real property and movable property.
Criminal Mischief Defense Attorney & Prosecution Burden of Proof
Criminal mischief lawyers emphasize that in order to obtain a conviction of criminal mischief or vandalism the prosecutor has to prove willful damage to the property. This means that the damage should have already occurred, but it is not necessary for the accused to have been caught in the act. Attorney William Moore, founder of the law firm William Moore Criminal Defense explains that a vast majority of vandalism cases involve either an eye witness to the criminal mischief or where the perpetrator was unknowingly being filmed by surveillance cameras.
Attorney Moore further explained that the actual penalty for a conviction of criminal mischief, vandalism, or graffiti depends on the value of the property damaged or defaced. For this purpose if property belonging to several persons was defaced in the same act, the court will take the total value into consideration. William Moore, a Fort Lauderdale Criminal Lawyer with almost 20 years of experience warned that all jurisdictions are differently and that Criminal practice in general varies drastically throughout the State of Florida when it comes to sentencing discretion.
If the value of the property damaged in criminal mischief is less than $200, the conviction is for a second degree misdemeanor. This can lead to a light jail sentence of not more than 60 days or a fine of $500.
If the value of the damaged property is between $200 and $1,000, then it is considered a first degree offense. This can lead to imprisonment of up to a year or a fine of $1,000.
If the damage to the property exceeds $1,000 or causes interruption in public services that takes more than $1,000 to restore, the accused faces a third degree felony conviction. This means that the convicted person can be imprisoned for up to five years or asked to pay a fine of $5,000. If you are interested in learning more about the crime of criminal mischief, also known as vandalism Contact Criminal Lawyer William Moore.
Those people who have prior convictions for criminal mischief with property damage and vandalism can be charged with a third degree felony even if the value of the property damaged is less than $1,000.
Similarly, any person who is accused of criminal mischief and damage of a place of worship or religious object faces a conviction of third degree felony.
According to Broward County criminal mischief defense attorney; those people accused of damaging telephone and other communication equipment that carry a warning of the stricter penalty for damaging them can be convicted of a third degree felony in Florida.
Under Florida law those convicted of criminal mischief with property damage can also be required to pay damages apart from the fine. Additionally, those convicted of graffiti will have to pay a fine apart from the criminal penalty. This has been fixed at more than $250 for a first offense, more than $500 for a second offense, and more than $1,000 for a third or subsequent offence.
Apart from the imprisonment or fine, a graffiti offence conviction requires the accused to perform hours of community service removing graffiti. –Fort Lauderdale criminal mischief defense attorney William Moore
Florida law deals strictly with minors indulging in criminal mischief with property damage. Apart from the minor, their parents or guardians are also liable to pay the fine. In case the minor is unable to pay the fine, the court can decide to suspend their driving license or delay its issuance by a year. Those minors who need to obtain the driving license or the driving privileges restored can do so by performing one hour of community service for every day of which the license has been suspended.
Florida law has strict provisions to deter criminal mischief with property damage. This has been done in order to protect both real and movable property. The penalties include imprisonment, fine, damages, and community service.
by William Moore
Firearm defense lawyers in Broward County explain the licensing authority for carrying concealed weapons and firearms is the Department of Agriculture and Consumer Services. According to this statute, weapons and firearms can include handgun, tear gas gun, billie club, knife, and any electronic weapon.
When firearm defense attorneys explain concealed weapon license to carry they emphasize that this list does not include fully automatic weapons otherwise known as a machine gun. These types of weapons are heavily regulated by the Federal government and sever penalties are associated with possessing a weapon of this type.
William Moore Criminal defense West Palm Beach attorneys are is quite familiar with the law regarding illegal firearms, having both prosecuted and defended hundreds of firearm cases.
Most of the firearm defense cases were the result of a stop of a suspects vehicle upon suspicion of DUI. It is extremely important for people to really need to think about what they are carrying in their car at all times.
The sale of fireworks and illegal firework sales is regulated by Florida statute 791.02, which states that any seller is not permitted to sell “illegal” fireworks, unless a permit is obtained for supervised public displays, from the governing body of the municipality, where the fireworks are going to be set off. Secondly, “legal” fireworks, like sparklers can only be sold by a seller who has obtained such fireworks from a registered wholesaler, distributor or manufacturer, as given is statute 791.015. – Fort Lauderdale Criminal Lawyer
Disorderly intoxication is a criminal offense in Florida that has been distinctly classified under Florida Statute 856.011. For the offense to be disorderly intoxication, either of the following should take place:
1. The accused person should be intoxicated and is found drinking in a public place or conveyance causing a public disturbance.
2. The accused person is intoxicated and is endangering property or safety of a person or people.
– Fort Lauderdale DUI Attorney
Writing a bad check (worthless check) as a form of payment for goods or services is a serious offense in Florida. This is because it is considered a crime of dishonesty or deceit according to our Broward Criminal Lawyers. Contact us directly if you wish to discuss an open case for check fraud. We also provide Criminal Representation in Broward County.
A negotiable instrument is considered a bad check or worthless when it is returned for NSF (Non Sufficient Funds), NSF Unless Otherwise Indicated, Account Not Found, or Unauthorized Drawer’s Signature’s. Writing a bad check is considered to be a form of Fraud under Florida law.
Checks that are stamped with Stop Payment, Uncollected Funds, or Refer to Maker, are also subject to investigation, and charges can be filed if there is any attempt to fraud involved. However, a worthless check may be written without malicious intent and could be due to calculation errors or any other unintentional act by the writer of the check that may cause the bank to return the check.
Writing a Bad check Diversion Program in Florida
A Diversion Program was developed by Florida Legislature in 1986 for educating first time worthless check offenders, and for such offenders to avoid prosecution. The program handles all worthless check cases, except checks marked Stop Payment, and stolen or forged checks. The program offers a way for avoiding prosecution, provided the business or person who had passed the worthless check is able to immediately indemnify the receiver for the amount of the check, along with certain service fees. For participating in the program, the guilty party must provide proof that they have paid full restitution of the check/s to the victim, and also pay a fee to the Office of State Attorney. This fee will be around $25 to $40, depending on the amount of the worthless check. – Broward County Criminal Attorney
The State Attorney has the authority to determine if the guilty person can qualify for the Diversion Program. Eligibility is determined based on background of the worthless check writer, including past criminal record, and any pending worthless check complaints against the writer. The worthless check amount and any evidence of defrauding the victim is also considered while deciding eligibility for the program.
If the writer of the worthless check has qualified for participating in the program, the Office of the State Attorney will dispatch a letter to the person, providing fifteen days’ time to restitute the amount to the victim and gather proof of such restitution. The guilty person then has to bring this proof to the Worthless Check Division office and pay the service fee. The worthless check writer is then made to watch a video and given a handout, which provides full details of laws for worthless check in Florida, and the procedure one should follow for preventing any further occurrence of worthless checks. – Fort Lauderdale Theft Lawyer
Penalties and Punishment
When the guilty party does not qualify for the Worthless check Diversion Program, the prosecution has already begun. Passing worthless checks is considered White Collar Crime in Florida, and there are different penalties depending on the amount of worthless check and nature of the crime. When worthless check for an amount less than $150 has Stop Payment notification, it is considered a second-degree misdemeanor involving a maximum penalty of $500 fine and a jail term of 60 days.
If the notification on the check is Insufficient Funds for the same amount then it is considered first-degree misdemeanor, attracting a penalty of $1,000, and maximum one-year’s jail. For worthless check amounts more than $150, it is considered third-degree felony attracting a maximum of 5 years imprisonment and up to $10,000 in fines.
According to Florida law the authority for prosecuting a worthless check offense, lies with Florida’s State Attorneys of the 20 Judicial Circuits. Usually, the prosecuting authority will be the attorney of the judicial circuit in which the worthless check was accepted and presented. If for any reason the circuit attorney is unable to prosecute, a civil suit can be filed in small claims court of the county in which the worthless check was accepted.
Q:Is my attorney correct in that I may be eligible for diversion following my arrest for writing a worthless check?
A: In Broward County, diversion is available but not guaranteed,” explains Fort Lauderdale criminal lawyer William R. Moore
Diversion is available as an option, however, this is up to the discretion of the prosecutor. Many State Attorney’s will fight the defense attorney on this issue. How to approach the State on this depends on the nature of the alleged facts.
By: Attorney William R. Moore
Florida sex abuse attorney describes sexual conduct of any nature that is non-consensual and involves a child or a vulnerable adult is covered under the Florida law as sexual abuse. “Sexual conduct” as per the legal definition, refers to any act of real or simulated sexual intercourse, pervert or deviant sexual intercourse, masturbation, sadistic or masochistic abuse, sexual bestiality, actual exhibition of the genitals, actual physical contact with the covered or uncovered genitals, buttocks, pubic area, or breast in case of a female, with the intent to gratify or arouse the sexual urge of either party; or an act or simulation of an act of sexual battery.
Once an arrested person pays a bond amount its known as posting bail. The bail amount may be paid in cash or by check. Some people may also hand over the ownership rights to a property with a cash value equivalent or exceeding the bail amount. The person may also be allowed to sign a bond that covers the full bail amount. In some cases, the arrested person may sign a statement that confirms to the court that the person will appear in court at the appointed time. Posting bail through bail bonds have to be purchased, and their price is usually about 10 percent of the total bond amount.
The act of forcing someone to part with money, property or otherwise act against their interests because of the threat of exposure is known as extortion street name blackmailing. Black mailing is prohibited and penalized to ensure that people do not feel forced to give into the demands of the blackmailer. Fort Lauderdale extortion attorney explains that the crime of blackmail is not heavily prosecuted in Broward County because they don’t see many of these cases in South Florida.
Blackmailing Under Florida Law
Florida law defines extortion as a threat used to compel someone to act against their will. This means that the threat must be sufficiently strong to overcome the freewill of another. Also, extortion and robbery are different because a robbery includes a physical threat at a specific time whereas extortion involves a threat that can be brought about at any time. The blackmailing attempt can cover monetary demands as well as demands to force the victim to act in a manner that they would otherwise not act in. Any threat made to change the actions of the victim can be considered extortion unless it occurred during a robbery.
Fort Lauderdale based cyberstalking defense attorney warns that Florida cyberbullying laws legislation is quite comprehensive, certain uncertainties have been noted by cyberharassment lawyers and some commentators. For instance, the cyberbullying laws do not state the course of action or the consequences in instances where electronic data and/or software programs have been accessed away from the campus to create an environment of hostility or animosity within the premises of the educational institution.