Being charged with a crime can be overwhelming and intimidating but always remember that the state has the burden of proof. A criminal defender is not required to bring forth proof of innocence.

You may have been charged with one more of the following offenses:

  • Assault
  • Battery
  • Burglary
  • Domestic violence
  • Disorderly conduct
  • DUI
  • DWLSR
  • Violation of probation
  • Possession
  • Stalking

Each of these offenses, along with every other crime in Florida is fully described by a Florida statute. Which includes the elements of each offense.

For example an “assault” is an intentional, unlawful threat by word or by act to do violence to another person coupled with the apparent ability to do so and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Sometimes the Police arrive after an event has taken place and people have cooled down. An officer may arrive with a pre-existing notion that an assault has occurred without knowing whether all elements of the offense can be proven. Assault chargers often arise as the result of two people shouting, swearing and threatening one another. They arrest sometimes on the basis of the statements by witnesses who may be friends or relatives of one of the parties and “on their side” sometimes it’s merely “he said-she said” situation.

The important thing to remember is that merely being charged with a crime does not mean that the defenders will be convicted of the crime.

Another common example is a DUI arrest. To prove a DUI the state must show that the defendant was driving or in actual physical control of an operable motor vehicle while:

  • The driver’s normal faculties are impaired; and or
  • The individuals BAC level is .08 or above

 

These things may seem obvious on the surface, but are not always easily proven. Sometimes the state cannot prove that a defendant was “driving or in actual physical control” until the defendant makes incriminating statements, or otherwise provides the state with evidence that would have never been discovered until the (often scared) driver voluntarily gives up the evidence.

Whenever you have been charged with criminal offense of any type, you owe it to yourself to contact an attorney.