Category: Legal Blog

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.

Appeal, Criminal Defense, Legal Blog

Jose Padilla – Resentencing Today

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UPDATE: Padilla was resentenced to 21 years on September 9, 2014, extending his original sentence by four years.

The only American citizen in history to be arrested on US soil and treated as an “enemy combatant,” Jose Padilla, is scheduled to be resentenced today in Federal Court in Miami after an appellate court ruled that Padilla’s earlier sentence of over 17 years (which included 12 years of solitary confinement and some of the most inhumane incarceration tactics ever reported, such as subjecting Padilla to extreme temperature changes, alternating between blinding lights and total darkness, involuntary injections of “truth serums,” being shackled in excruciating positions, being assigned to a windowless cell with no physical contact, and eventually being allowed only 1 telephone call a month) was not enough of a punishment. The appellate court also ruled that the trial judge erred in giving Padilla credit for three years of time he served in a South Carolina Navy Brig while awaiting charges to be filed. The interrogations of Padilla were reportedly filmed, however, the government claimed it “lost” the DVD of Padilla’s final interrogation.

Padilla made news initially in 2002 after being arrested in Chicago for allegedly plotting to detonate a bomb on American soil. However, after trial in 2008, the presiding judge, Judge Cooke, found that there was no evidence that Padilla personally planned attacks against the United States or that he personally committed any violence. Padilla was ultimately convicted of conspiracy to murder and kidnap, and of supporting the terrorism group al-Qaida. Prosecutors have reportedly stated that they will seek not more than 30 years in prison; however, the minimum sentence Padilla could receive under the Federal Sentencing Guidelines as a result of the charges and prior criminal convictions is nearly 21 years.

 

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, Drug Charge, Legal Blog

Palm Beach Meth Manufacturing Charges

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A palm beach county man was arrested this morning on charges of manufacturing methamphetamine after a search of his home revealed possession of equipment used to manufacture meth, such as plastic bottles containing white residue, within his apartment. The police were allegedly there regarding a domestic violence incident.

Florida Statute 893.139 make it a second degree felony to possess equipment with the intent to manufacture a controlled substance like meth. Second Degree Felonies in the State of Florida are punishable by up to 15 years in Florida State Prison and a $10,000 fine, in addition to other related penalties. Additionally, Florida Statute 893.135 makes it a First Degree Felony to manufacture 14 grams or more of methamphetamine, which is considered trafficking in amphetamines, and has required minimum mandatory sentences. Manufacturing between 14 and 28 grams requires a mandatory minimum term of imprisonment of 3 years and a $50,000 fine. Manufacturing between 28 and 200 grams of meth requires a mandatory minimum term of imprisonment of 7 years, and a $100,000 fine. Manufacturing 200 grams or more of meth requires  a mandatory minimum term of imprisonment of 15 years and a $250,000 fine. Finally, manufacturing 400 grams or more of meth is a capital felony, punishable by life in prison and a $250,000 fine.

Meth charges in Florida are serious; especially regarding the manufacturing of meth. Anyone charged with a drug crime in Florida should speak with a Florida Criminal Defense Attorney.

 

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.