In the state of Florida, it is illegal to bring a gun or any weapon on school property. “School” is defined as a preschool, elementary, middle, junior high school secondary school, career school or post secondary school. This ban also applies to school sanctioned activities. The child who allegedly brought the gun to school at First Coast was most likely arrested as a juvenile in Jacksonville on a charge of possession of a firearm on school property. This is a third degree felony in Florida. If a child is under eighteen, they will be taken to the Juvenile Detention Center on 8th Street. Once there, the Department of Juvenile Justice will determine if the child is allowed to go home with the parents or guardians or will be detained. If the child is detained, he or she will have a mandatory detention hearing within twenty-four hours in front of a judge. The judge will then determine whether or not to keep the child in detention or to release the child on home detention while the juvenile gun case is pending.

If the student was eighteen years of age or older, the student is looking at up to five years in prison and possible becoming a convicted felon. This is the worst case scenario. After being arrested, the student will see a judge to determine pretrial release. Most likely, a bond will be set and there will be a court date about 2 weeks after that first appearance. Soon after the first appearance date, a prosecutor will be assigned and that prosecutor will make a decision about what to do with the case. They could file it as charged, reduce the gun charge to a misdemeanor or drop it outright.

The benefit of having an experienced criminal defense attorney on the case is that attorney can intervene and meet with the prosecutor assigned to the case prior to them making a decision about what to file. A Jacksonville Juvenile Attorney could collect mitigation from the family, such as letters from teachers, pastors, mentors and family about the child. The presentation of mitigation is critical, especially in Duval County juvenile cases.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Florida law prohibits the possession or discharging of firearms or weapons on any school property or school-sponsored event. “Weapons” are defined as stun guns, knives, slingshots and tear gas guns. A common pocket knife is not considered a weapon in under this gun/weapon law. If a person knowingly possesses a weapon on school property, they are facing not only becoming a convicted felon, but also five years in prison. If a person fires or discharges the weapon on school property, the Jacksonville gun case becomes more serious and converts to a second degree felony exposing the person to fifteen years in Florida prison.

The article indicates that the woman had no prior criminal history. This is extremely important and plays a big part in the possible disposition of her case. When someone is arrested for a non-violent and non-gun felony in Jacksonville and they have no prior arrests or convictions, the person is eligible for a diversion program called Pretrial Intervention. (also referred to as PTI) This is a program through the State Attorney’s Office and is discretionary, meaning the prosecutor picks and chooses who gets in. The value of hiring a private Jacksonville criminal defense attorney is that the attorney can contact the prosecutor assigned to the case before they make a decision to file or not to file. If you are able to participate in the program, you must sign a contract promising to complete the conditions required. Conditions of a PTI contract vary depending on the crime charged. If the crime is a weapon crime, such as in this teacher’s case, conditions could be completing a weapon/gun safety class, completing a anger management class and a paying a fine. If the criminal charge is a marijuana possession case, conditions of PTI are usually getting a drug evaluation with random urinalysis. If a person is arrested for a theft charge, a condition of PTI would be taking an anti-theft class and possibly completing community service hours. Once all conditions are completed, the charge or charges will be dropped completely.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Gun Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The recommended Florida gun charge is under the safe storage of firearms requirement of the Florida Statutes. Under 790.174 of Florida law, it is unlawful for a person to leave an unsecured gun in a place where that person should have reason to believe a minor is likely to get access to the gun without supervision. If you have minors who can find and gain access to the gun, the firearm has to be kept in secure box or container. If the adult does not have the firearm left in a locked place and a child possesses or exhibits it without supervision, the adult can be charged with a second degree misdemeanor. The child has to exhibit it in a public place or in a “rude, careless, angry, or threatening manner”. A minor is defined as a person under sixteen years of age.

Obviously, this incident was a tragic accident, but the Putnam County Sheriff’s Office wants the woman prosecuted. It is now up to the State Attorney’s office to make the decision about whether or not to file formal gun charges. When you are arrested for a crime or even accused, it is so important to contact an experienced criminal defense lawyer. Just because you are arrested does not mean that formal charges will follow. The State Attorney’s Office has the discretion and that office holds immense power. In order for a police officer to make an arrest, they have to have probable cause to believe a crime was committed. This means that more likely than not, a crime occurred. The State Attorney’s Office has a much larger burden of proof. In order to file a criminal case, they have to believe they have a reasonable probability of conviction at trial. Furthermore, at trial, the prosecutor must prove all allegations beyond and to the exclusion of all reasonable doubt.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Carrying a firearm on a school campus can be a third-degree felony, punishable by up to five years in state prison. In this St. Johns County Gun Crimes Case, the school did not want to pursue criminal charges in the case against the teacher. Police took the school’s opinion into consideration and did not arrest the teacher or send the case to prosecutors for review. Part of the decision in not to pursue the charges was that the man did not have any intention of hurting anyone and no students in the school were ever in danger, the newspaper reported.

But that is not always the case in St. Johns County Gun Crimes Cases. There is a common misperception that if a victim in a case does not want to pursue charges, then police and the state cannot move forward. That is not true. For example, if someone reports a lawnmower or other item stolen and police find it at a pawn shop and then learn his neighbor pawned it, it may not matter if the person wants to pursue the charges or not. If police can prove that the person took it and then sold it, they could still pursue the charges. Prosecutors will listen to the victim and in many cases not proceed with a minor case if the person is refusing to cooperate, but the victims are not the ones making decisions – that is the role of the State Attorney’s Office. The same goes the other way, if a victim wants to push a case and the state knows it cannot prove that case beyond a reasonable doubt, the state has an obligation to drop the charges.

Our St. Johns County Gun Crimes Attorney will thoroughly investigate any charges against you or your loved one and provide you with the information you need to make the best decision going forward.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

These juveniles will most likely be treated as adults in this case. Commonly referred to as “direct file”, the prosecutors in the state of Florida have the discretion to treat children as adults. This means that a child as young as 14 years-old can be sent to prison if certain factors are met. If a child is 14 or 15 years-old, they may be sent to adult court if the child is charged with certain serious Jacksonville crimes, such as murder, sexual battery, robbery, kidnapping, aggravated child abuse and carjacking. If the child is 16 or 17 years of age, they can be sent to adult court if they are charged with any felony, not just the most serious crimes listed above. The Florida legislature has elected to give state attorney’s offices across the state of Florida so much power over these Duval County juvenile cases. With one piece of paper, a child’s life can change forever.

When a juvenile is arrested for a felony in Jacksonville, they will receive a “score” that determines whether or not they must remain in secure detention. Secure detention is a jail for children surrounded by barbed wire located in downtown Jacksonville. If the crime is non-violent and the child has little to no prior criminal history, the juvenile may qualify for home detention, which is essentially house arrest, or straight release, which means the child is free to go where they want as long as they return for their court dates. Once detention or non-detention is determined, the case begins. In many of the felony juvenile cases in Duval County, the prosecutor’s office will look at the child’s file to determine whether or not to send to adult court. Often times, the Jacksonville Juvenile Attorney on the case will send mitigation to the state attorney assigned to the case. Mitigation consists of school records, letters from teachers, family and coaches, as well as psychological testing if appropriate. The goal is to keep the child’s case in juvenile court.

If a juvenile case is sent to adult court, the child has to get re-arrested and processed through the adult jail. Children are housed in one area at the Duval County Detention Facility and do not have contact with adult inmates. Once children are in adult court, they are allowed to get a bond or to be released on their own recognizance just as any other adult that has been arrested. If a juvenile is convicted of a crime in adult court, the court has the option to punish the child in a few ways. The court can elect to sentence the child as if the child is an adult, which means adult prison and adult probation. The court can give the juvenile a youthful offender sanction, which is essentially a blend of juvenile and adult punishment. Finally, the court can sentence the child to juvenile sanctions.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Juvenile Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Police said the 29-year-old man pulled into a drive-thru line and, when the car in front of him did not move, drove around that car, the newspaper reported. A passenger in the car yelled at the man as he drove past, which started a confrontation, and the second driver then pulled out a gun. When the passenger and the 29-year-old driver both got out of the cars, police said the passenger charged at the driver yelling “You want to die?” and the driver shot him one time in the chest, the newspaper reported. The driver called 911, drove home and cooperated with police.

In Florida, if someone is threatened with the use of deadly force, the person does not have the duty to retreat and can use deadly force to defend himself or herself. Many have sought protection under the so-called Stand Your Ground Law, but very few times is it granted by a judge. In this Clay County Gun Crimes Case, charges were never filed by prosecutors. The state investigated the case for several months and then ruled the shooting justified because of self-defense, citing the Stand Your Ground law, the newspaper reported.

Self-defense and Stand Your Ground Defenses can be difficult because the person who ultimately uses deadly force cannot be an aggressor, nor can he or she stay around the situation longer than necessary. If the person has an opportunity to exit the confrontation without using violence, but instead continues to be a part of the confrontation and it then turns deadly, he or she could have problems with a self-defense claim. Our Clay County Gun Crimes Attorney knows the self-defense statutes inside and out and when a person is entitled by law to defend himself or herself. Our Clay County Criminal Defense Attorney will thoroughly investigate the case against you, even before charges are filed if there is an opportunity, and advise you on the best steps going forward.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

On the concealed weapons charges, there are different charges that can be applied, depending upon the type of weapon the person is accused of having. If the weapon at issue is a gun, the charge is a third-degree felony with a maximum penalty of five years in state prison. However, if the weapon is a knife or something else other than a firearm, then the charge is misdemeanor and there is no possibility of state prison – only time in the county jail. There are also likely to be some battery charges or other charges related to fighting – if police can determined who was involved in the fight. In some cases, surveillance video can be used in identifying people involved, though a scene with 150 people may be too chaotic for anything that can be used to prove a case beyond a reasonable doubt. What may be more likely to help prosecutors is when people who are facing charges start talking to police in hopes of getting a reduced sentence.

Some of the people who have been charged in this Clay County Battery Case are juveniles – and others are 18 so they will be prosecuted through the adult court system. If children are charged as juveniles, their arrest reports and documents are not public record. There are other differences in being charged as an adult and a juvenile – particularly the length of the sentence that can be issued. But there are also many similarities. For juveniles, there are five different levels of incarceration – ranging from what amounts to house arrest to what is essentially a prison for teens. Our Clay County Criminal Defense attorney represents people facing all types of criminal charges – from misdemeanors to felonies, from juvenile crimes to cases in traditional court. Our Clay County Felony Attorney will examine the facts of the case against you or your loved one and lay out the potential options and consequences so you can determine how to proceed.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Juvenile Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Because of the number of school shootings across the nation in the past two decades, police and prosecutors take gun charges on school campuses very seriously. Where it becomes complicated in these Jacksonville Gun Crimes Cases, is that most of the defendants are juveniles. Prosecutors then have to make a decision on whether to charge the teen as an adult, or whether to let the case stay in juvenile court. Defendants in these Jacksonville Gun Crimes Cases can be very young and there was an 11-year-old boy charged in a similar case this fall. Children and teens can face felony charges in juvenile court, and there are varying levels of detention and incarceration, depending on the severity of the charges the child is facing. For example, there are five different incarceration levels – though because this case involves a gun, the two least restrictive options would be off the table. Still, keeping the charge in juvenile court would be far more preferable for the defendant in any Jacksonville Juvenile Crimes Case. The juvenile court system is designed to have an educational and rehabilitative element, with the hope that one mistake will not affect a teen for the rest of his or her life.

Our Jacksonville Juvenile Crimes Attorney represents juveniles charged with all types of crimes – from misdemeanor theft charges up to serious felony gun charges. Our Jacksonville Criminal Defense Attorney will thoroughly investigate the charges against you or your loved one, then discuss the potential consequences and next steps so you can decide how to move forward.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

While armed burglary sounds like a person went into a vehicle or a building and took something while he or she was armed, that is not always the case in Clay County Gun Crimes Cases. If a person, becomes armed during a burglary, that can qualify the crime as an armed burglary. For example, what appears to be the charge in this Clay County Theft Case is the man broke into a car and took a gun. Because he was armed at the time the robbery ended, the state has him charged with armed burglary. That always seems like a back-door way to charge a person with the most serious charge possible, but at the end of the day it can be up to a jury of the man’s peers to decide. Since his arrest, the man has already been removed from the classroom while the case is pending, which is common for teachers and other public employees charged with crimes – especially felonies.

Our Clay County Gun Crimes Attorney represents people on all types of charges involving guns, from armed burglary as in this case, or cases involving the discharge of a weapon in which Florida’s 10-20-Life laws apply. Our Clay County Criminal Defense Attorney will thoroughly investigate the case against you or your loved one and lay out your options so you can make the best decision going forward.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The man who was killed and two of his friends drove to the defendant’s house to fight him after the men had a disagreement earlier in the day, the newspaper reported. The defendant walked out of his house and fired warning shots into the ground to scare the men off, the newspaper reported. When the men drove off, the defendant fired into the car, claiming self-defense, the newspaper reported. The jury did not fully buy the self-defense claim, but they also did not find the premeditation needed to convict the man of first-degree murder. In Jacksonville Felony Crimes like this, there are often alternative charges the jury can consider, known as lesser-included charges. In this Jacksonville Violent Crimes Case, the defendant was eventually convicted of manslaughter in the death of the one man and attempted manslaughter for firing into the car with two other men inside. Manslaughter is a second-degree felony with a maximum penalty of 15 years in state prison. Attempted manslaughter is a third-degree felony punishable by up to five years in prison on each count.

Manslaughter is often a charge that applies when people get into a fight and one of the people ends being killed. Clearly, the jury thought the defendant was responsible to some degree for the death. But the fact that the man showed up with friends at the defendant’s home with the intent to fight, and likely not one-on-one, probably factored into the jury’s decision to dismiss the notion of first-degree murder. The counter to that argument is that the defendant had appeared to eliminate the threat with the warning shot and the men were leaving when he fired into the car. The issue then becomes whether that qualifies as premeditation, or whether it’s still an act of defending oneself. Our Jacksonville Gun Crimes Attorney represents people charged with serious felony charges and will investigate the case against you or your loved one and review the options on how to proceed.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

This Jacksonville Gun Crimes Case is a bit different because of the age of the defendant. In Jacksonville, children have been charged as adults with first-degree murder as young as age 12, but this case would be more likely to be addressed in juvenile court. Juvenile court is designed for younger offenders who commit crimes and the focus is supposed to be on rehabilitation so the charges do not affect the child or teen for the rest of his or her adult life. Prosecutors can also bypass juvenile court by what is known as “direct filing” the case in adult court. That is typically reserved for serious gun crimes and sex crimes, or for teens with a lengthy record. There are several detention and incarceration options in Jacksonville Juvenile Crimes cases, from what amounts to house arrest on up to a secured jail similar to an adult prison. There are five levels, ranging from least to most restrictive and the first two levels are not available to anyone who is convicted of or pleads guilty to a Jacksonville Gun Crimes Charge. Each of the options in a Jacksonville Gun Crimes Case involved being placed in a residential facility that is locked 24 hours a day. There are education options in most detention facilities. Our Jacksonville Juvenile Crimes Attorney represents children and teens charged with crimes and can explain all of the options to the parents or guardians with a goal of trying to make sure a mistake as a child does not negatively affect someone for the rest of his or her life.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The teen and two of his friends showed up uninvited to a party in a local apartment complex and got into an argument with a 22-year-old friend, the newspaper reported. The teen was accused of hitting the man with his gun and then shooting him, the newspaper reported. Many of the details in this Jacksonville Gun Case that would have come out in a trial, such as a possible defense from the teen or the possibility that the gun accidentally went off, have yet to surface. Those types of details will now likely be discussed in the sentencing hearing. In Jacksonville Felony Cases that result in a plea, as most of them do, the sentencing hearing can end up being the de facto trial. And it should be. There is plenty on the line. While in the cases like this Jacksonville Murder Case the defendant already knows he’s going to prison for a significant amount of time, there’s a big difference between a 10-year sentence and a 30-year sentence. For the defendant in this Jacksonville Murder Case, it’s the difference between being released in his mid-20s or his mid-40s.

The agreement to plead guilty to second-degree murder instead of first-degree murder is significant in this Jacksonville Murder Case. The only possible sentences for first-degree murder are life in prison and the death penalty. Because the defendant in this case was under the age of 18, the death penalty was not an option for the state. But the 10 to 30 year range on the sentence wouldn’t have been an option either had the charge remained first-degree murder. Our Jacksonville Criminal Defense Attorney represents people on all types of charges from traffic tickets and misdemeanor theft charges all the way up to murder. Our Jacksonville Violent Crimes Attorney will thoroughly investigate your case and provided you with the information and options to make the best decision going forward.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

In Florida, a person can be charged with felony murder if someone dies during the commission of a felony. So the act of the original felony can allow someone to be charged with murder. In this case, the defendant was not even in the apartment at the time his cousin was killed. But it was the act of planning the robbery, to the point of becoming armed and wearing a bulletproof vest, which was a felony on its own and allowed for the felony murder charge to be filed. So in proving this case beyond a reasonable doubt, the state must only prove two things: That the defendant was committing a felony and that someone was killed. A jury convicted the defendant this summer on the felony murder and the conspiracy to commit armed robbery charges. He was sentenced to 22 years on the murder charge and 15 years on the armed robbery. The judge chose to run the sentences concurrently, meaning he will serve them both at the same time and only serve the 22 years. If the judge chose to run the sentences consecutively, then he would have to serve both sentences and be in prison for 37 years. Concurrent sentences are far more common, but there are certain Jacksonville Gun Crimes that require judges to issue consecutive sentences when guns are fired and minimum mandatory sentences apply.

The man who shot the cousin was not charged at all in the case. Prosecutors ruled the shooting was in self-defense. State law allows people to respond with deadly force if someone enters their home, or if they feel they are in danger of great bodily harm or death. Our Jacksonville Robbery Crimes Attorney will fully investigate the charges against you or your loved and sit down to go over a range of options so you can make the best decision going forward in the case.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

He was initially charged with aggravated battery causing great bodily harm and shooting deadly missiles into a vehicle. Both charges are second-degree felonies punishable by up to 15 years in prison. There could also have been minimum mandatory charges that applied because the defendant discharged a firearm, but there could be a gray area because his fired pepper ball shots, not actually bullets. In the first trial, the man was convicted of both charges. However, his attorneys appealed the conviction and it was overturned because of statements prosecutors made during closing arguments that could have hurt the defendant’s ability to have a fair trial, the newspaper reported. Because of the ruling, the man was granted a new trial and ultimately acquitted in this Jacksonville Gun Crimes Case. There are strict rules that govern what evidence can be submitted, what attorneys can discuss in front of a jury and exactly how criminal trials must proceed. These are in place to ensure that every person accused of a crime can receive a fair trial in front of a jury of his or her peers. In this Jacksonville Gun Crimes Case, the defendant could have received 30 years in prison because of the first conviction.

Self-defense defenses can be tricky in Jacksonville Gun Crimes Cases. One of the determining factors is often whether the person who pulls the trigger plays a role in instigating the incident or is truly defending him or herself. That was likely the factor in both decisions made by two different juries. It can be a risk to take Jacksonville Gun Crimes Cases to trial, especially when minimum mandatory sentences of 20 years are also often hanging in the balance when someone discharges a firearm. Our Jacksonville Gun Crimes Attorney will thoroughly investigate the charges against you, explain what minimum mandatory charges, if any, would apply and provide you with the information you need to make a decision on how to proceed with the case.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Firearm Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The man said he did not know how the guns got into the bin and also denied that he ran into the apartment after the shooting, as some witnesses told police. Prosecutors dropped the charges because of the lack evidence and they could not prove the case against him beyond a reasonable doubt, the newspaper reported. No other arrests have been made in the case. One tactic police use in cases like these where there are likely multiple shooters and a lack of evidence, is to try to arrest someone and get them to talk in exchange for a reduced sentence. One of the charges police typically use is possession of a firearm by a convicted felon. It’s typically easy to prove – all prosecutors need to prove is that the man is a felon and he had a gun. In this Jacksonville Gun Crimes Case, however, proof a possession was the problem.

Once someone is convicted of a felony, the person loses their right to own a firearm. There are also other rights that are given up, including the right to vote and the right to work in law enforcement or other places that require a federal or state security clearance. The case shows the importance of checks and balances in the criminal court system. Police make the arrest, but prosecutors must then take those facts and ultimately proof the case beyond a reasonable doubt to a jury of the suspect’s peers. A fraction of cases actually go to trial, and it’s also rare for prosecutors to drop felony gun charges once they have been filed. Much of the work in Jacksonville Gun Crimes cases comes way before trial. Prosecutors typically have strong feeling they can prove the case before it gets that far. Jacksonville Criminal Defense Attorneys can investigate the charges and present evidence or make arguments to the prosecutors about the lack of evidence that could lead to the charges being dropped, as they were in this Jacksonville Gun Crimes Case.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

If a person is convicted of or pleads guilty to showing a gun during the commission of a felony, there is a minimum mandatory sentence of 10 years in state prison. If the gun is fired, that minimum sentence becomes 20 years. If someone is hit, it can become life in prison. In this Jacksonville Gun Crimes Case, police said the man had an ongoing dispute with someone inside the home and fired several shots into the residence. Because there were four people inside the home at the time, the man was charged with four counts of attempted second-degree murder. The man will be sentenced later this month to at least a 20-year minimum mandatory sentence on each of the four attempted murder charges. With four counts, the man is looking at a minimum of 80 years in state prison. That amounts to essentially a life sentence for the 30-year-old defendant.

Interpretation of the minimum mandatory sentencing law changed in recent years. While in most Jacksonville Gun Crimes Cases, the judges would issue the sentenced concurrently, appellate courts have ruled the sentences should be issued consecutively. For example, four 20-year sentences served concurrently would mean the person serves the sentences at the same time and does a total of 20 years. But, if they are served consecutively, the person would be required to serve four 20-year sentences, for a total of 80 years in prison. That is a significant difference in the punishment and could be a major deterrent in taking a Jacksonville Gun Crimes Case to trial. Prosecutors can waive the minimum mandatory sentences when negotiating a plea agreement, but one the case goes to trial there is no discretion. Judges are bound by the sentencing law and cannot legally give a different sentence. Our Jacksonville Gun Crimes attorney knows when minimum mandatory sentences apply and will provide you or your loved one with that information and fully investigate the case so you can make a decision on how to proceed.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Bringing a gun onto the campus of an elementary school, middle school or high school is a third-degree felony punishable by up to five years in state prison. The same penalty and crime holds for a person who waves or brandishes a knife or any other weapon (not including fireams) in a threatening manner. But in this Jacksonville Gun Crimes Case, the person does not need to pull out the gun, threaten to use it, or even show it to anyone. Possession of the firearm itself is what constitutes the crime. The law goes even further to prevent the possession of firearms at a school bus stop or even within 1,000 feet of a school. In this aspect, Jacksonville Gun Crime laws are similar to Jacksonville Drug Crime laws. There are many enhancements in Jacksonville Drug Crime Cases related to where the person is caught in possession of or attempting to sell illegal drugs. In many scenarios, the crime would move up one felony degree for being within 1,000 feet of a school. For example, a third-degree felony could become a second-degree felony. That is significant because a third-degree felony has a maximum penalty of five years on prison, while a second-degree felony is punishable by up to 15 years in state prison.

As it relates to this Jacksonville Gun Crimes Case, it will be interesting to see how the case progresses – especially if there is not a gun recovered. Media reports did not indicate school staff found a gun, only that they saw one. That would likely not be enough to prove the case beyond a reasonable doubt. But, given the presence of cameras in schools today, there could be video evidence that is enough for the state to file the case and think it can prove it in trial. Our Jacksonville Gun Crimes Attorney knows the rights gun owners have to possess firearms and will fully investigate your case to make sure your rights have not been violated. Our Jacksonville Criminal Defense Attorney will provide you or your loved one with the information you need to make the best possible decision going forward.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Armed robbery is a first-degree felony with a minimum mandatory sentence of 10 years in prison because the teen showed a gun in the commission of the crime. However, because he was 16 at the time of the crime, he could be sentenced to a youthful offender sentence in this Jacksonville Robbery Case. A youthful offender sentence could be for any defendant 21 or younger and the sentence can be any combination of incarceration and prison, up to six years. So it could be four years in prison, two years on probation, or three or each, etc.

The teen in this Jacksonville Robbery Case has not been sentenced – and likely will not be sentenced until after the boy goes to trial. The state will want to make sure the teen helps out as a witness before the state helps him with any suggestion to the judge of a reduced sentence for the teen. Prosecutors made a point in the newspaper story to saying the teen’s plea deal was not contingent on him testifying in the Jacksonville Murder Case. But it’s a safe bet that any recommendation from the state on a youthful offender sentence in the Jacksonville Robbery Case sure is tied to the testimony. Ultimately, the sentence is up to the judge, but the state’s recommendation can go a long way – especially if the information helps get a murder conviction with information police would not otherwise have. Our Jacksonville Criminal Defense Attorney will thoroughly investigate the case against you or your loved one and lay out all of the consequences and scenarios so you can make an informed decision going forward.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The employee was charged with, and convicted by a jury of, second-degree attempted murder and carrying a concealed firearm. He was convicted of both charges and sentenced to 25 years on the attempted murder charge and to five years on the concealed weapons charge. He was facing up to life in prison on the attempted murder charge under Florida’s 10-20-Life law because he fired a gun and hit someone. The judge allowed the man to serve both sentences at the same time, so his total sentence is 25 years. The appellate court upheld the attempted murder conviction in this 2011 Jacksonville Gun Crimes Case and the man will remain in prison on that charge. So this appellate ruling does not change the sentence one bit in this Florida Gun Crimes Case, though it does clear up some of the ambiguity of an employee’s rights to have a firearm while at work. Employees are legally allowed to carry firearms at their place of business, as long as they have the proper permit. That right includes parking lots and other areas surrounding a business, which is the piece of the law that applied in this Jacksonville Gun Crimes Case. In this case, the defendant kept the firearm in the glove compartment of his vehicle, the newspaper reported.

Appellate courts are an integral part of the criminal justice system. In many cases, these rulings are what can keep prosecutors from overstepping their bounds and charging people with crimes they shouldn’t be charged with. In this Jacksonville Gun Crimes Case, the concealed weapons charge should not have ever made it to a jury. Second Amendment rights to protect oneself are very important and must be respected by the court system. Our Jacksonville Gun Crimes Attorney knows the legal rights of people who own firearms, including if a person is forced to use a firearm when he or she feels threatened and fears for his or her life. Our Jacksonville Criminal Defense Attorney will thoroughly investigate any charges to ensure the state is not infringing on a person’s Constitutional right by charging him or her with a crime.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

This deal ends a highly-publicized case that drew local and national discussion about warning shots and minimum mandatory sentences. The defendant was initially found guilty of all three counts by a jury in 2011. Because of Florida’s 10-20-Life law, and the fact the defendant fired a weapon, a minimum mandatory sentence of 20 years applied and the judge had no discretion in the sentence. The conviction was overturned on a technicality and the case came back to Jacksonville. But one major element had changed. Interpretation of the 10-20-Life and minimum mandatory laws had since changed. Prevailing legal opinion now is that each charge carries a minimum mandatory 20-year sentence. So instead of 20 years, the defendant, now 34, was looking at 60 years in state prison if convicted again.

The three-year sentence is a similar plea deal to what the defendant initially rejected right before her 2011 trial, the newspaper reported. Under Florida’s 10-20-Life law, if someone pulls a gun during the commission of a felony, there is a minimum mandatory 10-year prison sentence that can apply. If a firearm is discharged, the sentence is bumped up to 20 years. If someone is shot, the minimum mandatory is life. Now, prosecutors ultimately have the discretion to waive those penalties, as they eventually did in this Jacksonville Gun Crimes Case. But once the case goes to trial, the sentencing decision is out of everyone’s hands – even the judge’s. The threat of minimum mandatory sentences is often used in bargaining by the state to get people to plead guilty to charges and take shorter prison sentences, rather than face a mandatory 60-year sentence, or whatever the charge may be. Minimum mandatory sentences are definitely a card the state holds and our Jacksonville Gun Crimes Attorney can explain all of the details and consequences so you or your loved one can make an informed decision about a pending case.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.