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If the victim of an aggravated battery is 65 years of age or older, Florida Statute § 784.08 requires the offense to be reclassified from a second-degree felony to a first-degree felony. This increases the maximum prison sentence from 15 years to 30 years. Additionally, the law mandates a three-year mandatory minimum prison sentence and […]

In Florida, the decision to prosecute belongs to the State Attorney’s Office, not the alleged victim. Even if the alleged victim signs a waiver of prosecution or asks for the case to be dropped, prosecutors may continue if they believe there is enough evidence, such as 911 recordings, medical records, body-cam footage, or eyewitness testimony. […]

Under Florida law, a deadly weapon is any instrument used or threatened to be used in a way likely to produce death or great bodily harm. While firearms and knives are common examples, Fort Lauderdale courts have considered automobiles, heavy tools, and even footwear to be deadly weapons depending on how they were used during […]

Charges can be reduced through negotiations with the Broward State Attorney’s Office or through pretrial motions. A knowledgeable attorney might seek to reduce the charge to "simple battery" or "felony battery" if they can show that a deadly weapon was not used or that the injuries did not meet the "great bodily harm" threshold. This […]

In Florida, simple battery is typically a first-degree misdemeanor involving intentional, non-consensual touching or striking. It becomes aggravated battery, a second-degree felony, if the defendant uses a deadly weapon, causes great bodily harm/permanent disfigurement, or strikes a victim they knew was pregnant. The primary difference lies in the severity of the injury or the tools […]

Yes, under Florida law, a conviction for any theft offense can lead to a court-ordered suspension of your driving privileges. For a first offense, the suspension typically lasts six months. Subsequent convictions can lead to a one-year suspension. Because a valid license can affect work, transportation, and daily responsibilities in Fort Lauderdale, an attorney can […]

For a third-degree grand theft (property valued between $750 and $20,000), a first-time offender faces up to five years in Florida State Prison, five years of probation, and $5,000 in fines. However, the Broward County court system often allows eligible individuals to pursue Pre-Trial Diversion programs. Successful completion of these programs can lead to a […]

Florida courts generally utilize the "fair market value" of the property at the time and place the offense occurred. This represents the price a willing buyer would pay a willing seller for the item in its current condition. If market value cannot be established, the court may consider the replacement cost. A knowledgeable defense attorney […]

Yes, a misdemeanor can be reclassified under specific circumstances in the 17th Judicial Circuit. If an individual has two or more prior theft convictions, a third petit theft arrest may be charged as a third-degree felony, punishable by up to five years in prison. Furthermore, if the theft involves a coordinated effort with others or […]

The primary distinction lies in the monetary value of the property taken. Under Florida Statute § 812.014, theft is classified as petit theft if the property is valued at less than $750, typically causing misdemeanor charges. Grand theft is generally a felony charge when the property value reaches $750 or more. Certain types of property, […]