Author: caseyreiteresq

Criminal Defense, Legal Blog, Recent News

Oscar Pistorius Guilty of Culpable Homicide

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On Friday morning, South African Judge Thokozile Masipa finished reading her nearly 100 page ruling, and announced Oscar Pistorius guilty of the charge of culpable homicide. The decision was reportedly unanimously agreed upon by Judge Masipa and her two legal assessors.

Finding Pistorius guilty of culpable homicide means that the court determined Pistorius acted negligently in causing the death of his girlfriend, Reeva Steenkamp. “Cuplable Homicide” in the South African legal system is similar to a charge of manslaughter in the United States.

The Court will being its sentencing hearing in October, where the 27 year old Pistorius could be sentenced anywhere from a fine to up to 15 years in prison.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Recent News

Oscar Pistorius Not Guilty of Premeditated Murder

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Oscar Pistorius, the “Blade Runner,” was found Not Guilty of premeditated murder this morning in a South African court by Judge Thokozile Masipa after a 6-month trial. Masipa found that the State did not prove the elements of premeditated murder beyond a reasonable doubt, and that Pistorius did not have the intent to kill his girlfriend, Reeva Steenkamp.

-The state clearly has not proved beyond (3)

Pistorius has been a fixture in the news after he was charged with one count of murder and three firearms charges stemming from the shooting of Reeva Steenkamp on Valentine’s Day in 2013. Both prosecutors and the defense agreed that Pistorius had killed Steencamp by shooting into a closed bathroom door. However, the defense argued that the killing was not intentional murder because Pistorius did not know Steenkamp was in the bathroom; he believed he was shooting an intruder.

Although the Judge has ruled that Pistorius cannot be found guilty of premeditated murder, Pistorius is not completely out of dodge yet. He still faces additional chages and could be sent to prison for up to 15 years if the Judge convicts him of culpable homicide or negligent killing. The Judge is scheduled to reconvene the judgement phase of the trial on Friday to address the other charges. If Pistorius is convicted of any other crime, there will also be a sentencing phase in the future.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Aggravated Assault, Battery, Criminal Defense, Diversion Program, Legal Blog, PTI, Recent News

Ray Rice and Pre Trial Intervention

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Everyone is talking about the knockout punch Ray Rice delivered to his then-fiancee (now wife) in an elevator, which has resulted in Rice being cut from the Ravens and indefinitely suspended from the NFL. According to news reports, Rice was charged with a third-degree felony of aggravated assault, and he reportedly entered a pretrial intervention program.

If Rice had been prosecuted in Florida for an aggravated assault charge, he would have been prosecuted under Florida Statute 784.021, which defines aggravated assault as an assault with a deadly weapon, made without the intent to kill. Anyone who commits an aggravated assault in Florida can be charged with a third degree felony, punishable by up to 5 years in Florida State Prison and a $5,000.00 fine. However, in the case of a first time offense that is either a misdemeanor or a third degree felony, a defendant in Florida may be statutorily eligible to enter a pretrial intervention program.

Many people are vilifying Rice and complaining that he “got off easy” by entering into a diversion program instead of being sentenced to jail time. However, if he had been charged in Florida with the same charges, he likely would have received the same treatment, regardless of his social status. Pretrial Intervention Programs (PTI) in Florida are common resolutions in cases of first time offenders charged with misdemeanors or third degree felonies (depending on the charge) who have no prior criminal history when both the victim and the State Attorney agree to the program.

PTI

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Burglary, Criminal Defense, Legal Blog, Recent News

Florida Burglary Unoccupied Dwelling

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A Florida man made news today after the Sarasota County Sheriff’s office posted of a picture of the man sleeping on a bed in the home he was allegedly attempting to burglarize in Nokomis, Florida. The man was reportedly found with a bag of jewelry on the bed next to him. The would-be burglar is facing charges of burglary of an unoccupied dwelling.

Although the Sheriff’s Office (and people around the country at this point) are having a good laugh at the “burglar’s” expense, burglary is a serious crime in the State of Florida that is heavily prosecuted by the State Attorney’s Office. Burglary of an unoccupied dwelling is a Second Degree Felony in the State of Florida, punishable by up to 15 years in Florida State Prison and a $10,000.00 fine.

Anyone who is arrested for Burglary of an Unoccupied Dwelling in Florida should speak with a Florida criminal defense attorney to discuss their options and determine the best defensive strategy – regardless of the circumstances of the arrest.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Battery, Criminal Defense, Legal Blog

Palm Beach Battery on Person Older than 65

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In Palm Beach County, a woman was arrested today for allegedly committing a battery on a bus driver who was over the age of 65.

While a simple battery charge in Florida is a misdemeanor punishable by up to one year in county jail, Florida Statute 784.08 reclassifies battery when it involves a victim who is over the age of 65 into a third degree felony, punishable by up to 5 years in Florida State Prison and a $5,000.00 fine. Additionally, adjudication cannot be withheld in battery convictions involving victims over 65 years old, which means that pleading guilty or no contest will require a felony conviction on the defendant’s record. 

Battery occurs when a defendant intentionally touches or strikes another person (against that person’s will), or when a defendant intentionally causes bodily harm to another person. There are many possible defenses in battery cases, including self-defense. However, in battery charges with a victim over the age of 65, the fact that the defendant did not know the age of the victim is not a defense to the enhancement of the charges.

Anyone facing a battery charge in Palm Beach County, Florida should contact a Palm Beach Criminal Defense Attorney to discuss their defense options.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.