The suspect is charged with Attempted Murder by committing a Dangerous Act Evincing a Depraved Mind without Premeditation, or second degree murder. In Jacksonville and all of Florida, second degree murder is the unlawful killing of a person caused by any action imminently dangerous to another person showing a depraved mind regardless of human life. Premeditation is does not have to be proven for this degree of murder charge. The maximum punishment for second degree murder in Florida is Life in prison, but is lessened if the crime is an “attempt”. If the victim dies from the injuries, this charge will no longer be “attempted” and the charge will be upped to murder. In addition to the murder charge, the man will likely also be charged with Grand Theft Auto in Duval County. The car he was allegedly driving was reported stolen prior to the incident. This theft charge is a third degree felony, punishable by up to five years in prison.

Any time a person is arrested for a felony charge in Jacksonville, the State Attorney’s Office assigns a particular prosecutor to that case. The prosecutor has great discretion in what happens in a case. They have to look at the apparent evidence and decide if there is a reasonable probability of conviction at trial. Prosecutors talk to the officers involved as well as witnesses in making their decision. It is of the utmost importance for any suspect to have a lawyer represent them at this critical time of the case. A knowledgeable and experienced Jacksonville Criminal Defense Attorney will make contact with the prosecutor involved and present mitigation as well as additional evidence the police often miss.

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 Battery Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When any minor juvenile is arrested in Duval or Clay County, they are taken to the Juvenile Detention Center on 8th Street in downtown Jacksonville. The Department of Juvenile Justice analyzes the charge and the child’s prior arrest history of lack thereof. The child is assigned a score that determines whether or not they will remain detained. If their score is less than “12”, the child is released to the parents or guardians. If the child scores 12 or over, they are held overnight and will be in front of a judge within 24 hours to determine ongoing detention. If your child is arrested, contact an experienced Juvenile Arrest Lawyer in Jacksonville as soon as possible. Even if your child is held overnight, they can still be released by the judge the next day if the proper arguments are made to the Court.

These children have been charged with battery on a school official in Duval County. A school official is defined as any person who is an employee of a school district, a private school, any state university or any other entity of the state system of public education. Basically any person who works in a school. A battery in Florida is defined as intentionally touching a person against their will or intentionally physically harming a person. This is normally a first degree misdemeanor, but becomes elevated to a felony if the alleged victim is a school official. It is classified as a third degree felony.

When a child is arrested on any juvenile charge in Jacksonville, they are not facing prison per se. The only way a minor can be sent to prison is if the State Attorney’s Office files paperwork to treat the child as an adult. In most Duval juvenile cases, the child is treated as a child in the juvenile court system. While there are no prisons or jails, there are levels of punishment that include detention. As the charge becomes more severe, so do the possible levels of punishment.

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.

Even though this arrest did not occur in Jacksonville, the laws are the same throughout the state of Florida. Simple battery occurs when you intentionally touch someone against their will or intentionally cause physical harm to someone. As long as the physical harm is not serious, the battery charge will remain a misdemeanor. Felony battery can be charged in Jacksonville if the defendant causes “great bodily harm, permanent disability or permanent disfigurement”. A battery charge can also become a felony if the victim is pregnant and the offender knew or should have known she was pregnant. As with any criminal case, prosecutors have the discretion to file a case or not. In the case above, it is interesting that the alleged victim reportedly was punched, more than once, by Fowler, but did not sustain any injury.

The other is called criminal mischief. A criminal mischief is committed in Florida when a person willfully and maliciously injures or damages the property of another person. If the damage is two hundred dollars are less, as in Fowler’s case, the charge is a second degree misdemeanor, punishable by up to sixty days in jail. If the damage was over two hundred and less than one thousand, the charge would be elevated to a first degree misdemeanor. If the damage is valued at one thousand dollars or over, it becomes a felony in Florida.

It is not clear if the state attorney’s office is going to file formal charges against Fowler. They will certainly interview the “independent witness” at the scene and the alleged victim. The one perspective they won’t immediately get is Fowler’s. That is where an experienced battery attorney comes in. The attorney can meet and discuss the case with the prosecutor assigned to the case prior to a decision being made. They can also provide possible motivation, such as self defense, and additional witnesses.

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 Simple Battery Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Battery is a violent crime in Florida and occurs when you intentionally touch someone against their will or intentionally hurt someone. This is a first degree misdemeanor and the maximum punishment is a year in jail. As you can see in the case above, it is not necessary for the alleged victim to have visible injuries to prove a battery occurred. Pushing someone can be considered a battery. Taking someone by the arm and leading them somewhere can be considered a battery. A typical sentence for a battery charge will include some form of anger management and the payment of fines and court costs. Also, if you are convicted of a battery, even though it is a misdemeanor, it will follow the rest of your life. As I said before, this Florida misdemeanor is considered a crime of violence and can prevent you from getting certain jobs if employers fear you have the propensity to commit violence in the future.

Witnesses are going to play an important part in this case. Presumably all of the witnesses were consuming alcohol and their ability to perceive events may be questionable. Witness credibility is incredibly important to proving a criminal case, especially when an alleged victim may have motivation to lie. Attorneys must analyze whether or not the witness, including the alleged victim, had some interest in how the case progresses. People are motivated by all kinds of things, like attention and money. It will be interesting to see if the prosecutor’s office decides to file formal charges against the player. In order to file a criminal case, the prosecutor must believe there is a reasonable probability of conviction if the case goes to trial.

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 Battery Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The difference between first-degree murder and second-degree murder can be enormous when it comes to sentencing and this St. Johns County Violent Crimes Case is no different. If a person is convicted of first-degree murder in Florida, there are only two sentencing options: life in prison without the possibility of parole, or the death penalty. If the charge is second-degree murder, the judge has far more latitude in terms of issuing a sentence. Life in prison is still an option, and many people are sentenced to life in prison on second-degree murder charges, but there is at least a chance now that this 27-year-old defendant will be released.

For a person to be found guilty of first-degree murder, the state must be able to prove to a jury beyond a reasonable doubt that there was a premeditated intent to kill another person. In this St. Johns County Murder Case, the jury apparently had an issue with determining premeditation. Second-degree murder, however is defined by statute as: “The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.” During a St. Johns County Criminal Trial, jurors are informed of the charges against the defendant, but also in most cases given a list of other charges that they could apply. These are called “lesser included charges,” and this St. Johns County Murder Case is an example of a jury choosing that option.

Our St. Johns County Criminal Defense Attorney represents people charged with all types of crimes and will thoroughly investigate the case against you or your loved one to provide you with all of your options 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 Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The defendant’s criminal defense attorneys filed a motion to have the trial moved outside of Central Florida, arguing that the media attention would harm the man’s right to a fair trial in front of an impartial jury. These requests are made frequently in high-profile Florida Murder Cases, but are not often granted. Moving the trial can be expensive and cumbersome, and prosecutors in most cases will argue against moving the trial. In this case, however, the judge agreed to move the trial from Deland in Central Florida to the St. Johns County Courthouse in St. Augustine, the newspaper reported. The two cities are about 75 miles away. When trials are moved for the purpose of being able to convene an impartial jury, the move is often made to the closest city where the sides can agree jurors wouldn’t know about the case. They key is moving it outside the media market. Jurors in St. Johns County residents may have heard of the case, but likely would not be aware of the intense media attention that was given to the case in the Daytona Beach or Orlando media markets.

Another issue is whether the media attention has been concentrated to a particular region. For example, defense attorneys sought to move the trial of a Jacksonville man eventually convicted of shooting a teen in a dispute over loud music at a gas station. The judge decided to keep the trial in Jacksonville, at least in part because the case had generated so much national and statewide media attention that moving the trial 75 miles as in this Florida Murder Case would not make that much of a difference. The right to trial in front of a fair and impartial jury is essential to our criminal justice system. Defendants are innocent until proven guilty and it the state’s responsibility to prove guilt beyond a reasonable doubt. Our St. Johns County Criminal Defense Attorney represents people accused of all types of crimes and will thoroughly investigate the case against your or your loved one so you can make the best 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 St. Johns County Violent 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.

When a case ends up in a jury trial, the jurors often have other options than the charges the state is presenting during the trial. In Jacksonville Murder Cases, manslaughter is often one of those options, known technically as a “lesser included offense.” To meet the elements of first-degree murder, the state must be able to prove that the killing was premeditated. The jury did not buy that in this Jacksonville Gun Crimes Case, instead choosing manslaughter. Manslaughter is used primarily when people are involved in a fight and someone ends up being killed. By choosing manslaughter, the jury did find the defendant had some responsibility in the death. Another option would have been to find him not guilty, essentially saying the defendant acted in self-defense. Most importantly in this Jacksonville Gun Crimes Case is that the manslaughter charge takes the death penalty off the table. The death penalty can only be given when someone is convicted of first-degree murder. Because there was a firearm used in this case, the defendant can still be given life in prison, though it will be interesting to see where the judge lands on sentencing. The jury also deadlocked on the attempted murder charge, so the state still has to decide if it wants to retry that one charge. The state cannot retry any of the other charges because the jury has already reached a verdict.

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.

The difference between first-degree murder and second-degree murder in this Jacksonville Violent Crimes Case is extremely important, especially given the way the sentencing turned out. In Jacksonville Murder Cases, there are only two possible punishments in a first-degree murder case – life in prison or the death penalty. The judge would not have any discretion in the sentencing. The state was not seeking this death penalty in this Jacksonville Murder Case. But in some cases, the state looks to charge with first-degree murder to force the defendant’s hand in terms of pleading guilty and not going to trial. Second-degree murder carries the possibility of a life sentence, as does the first-degree felony armed robbery charge, but the life sentence is not mandatory. The judge could have given a sentence between 25 years and life in prison. It’s a minor detail in a case like this, but the carrying a concealed weapon is a third-degree felony with a maximum sentence of five years in state prison.

There is a second defendant in this case who is also charged with murder, though the defendant sentenced to 35 years is the one that is accused of pulling the trigger in this Jacksonville Gun Crimes Case. It’s rare for a person who is less culpable to receive a longer sentence, so in all likelihood he is looking at about 35 years or less. What is not known, and now does not matter, is whether the co-defendant had agreed to testify against the alleged shooter in exchange for a lighter sentence. That frequently happens, but the person agreeing to cooperate is sentenced after the other case is done – strictly to ensure the cooperating witness holds up his or her end of the bargain. Our Jacksonville Gun Crimes Attorney will thoroughly investigate the case against you or your loved one and lay out all of the information 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 Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The former officer is now charged with battery, a first-degree misdemeanor punishable by up to one year in the county jail. As far as criminal charges go, this Nassau County Battery Case is relatively minor because there is no possibility of the defendant ending up in state prison, and it is rare for a person to receive a year in county jail for what amounts to a fight. But, the allegation and subsequent charge has already cost the defendant his job. And, will the state, and eventually the judge, look differently on this case because the officer was in a position of authority? There is a certain amount of confrontation that happens in jails and prisons and the degree to which the officer is perceived as the aggressor will likely be a determining factor in the case. If the guard is seen as defending himself, that’s one thing. The state obviously felt here was more to it, or the officer would not be facing criminal charges. Just how the case goes could be a factor for Nassau County down the road. In many inmate cases such as this Nassau County Battery Case, the inmate will sue the county in civil court for damages as a result of the incident. While civil and criminal cases have far different standards and procedures, it does not help the county’s legal position if the officer is found guilty by a jury of his peers. It’s highly likely that any civil suit would come after the criminal case is resolved, simply because it changes the dynamics of the case. While civil cases come up frequently, it is rare for an officer to be criminally charged in an incident such as this Nassau County Battery Case.

Our Nassau County Criminal Defense Attorney represents people charge with all types of crimes – from misdemeanor battery charges on up to capital crimes. Our Nassau County Criminal Defense Attorney will thoroughly investigate your case, explain various options and allow you or your loved one to make an informed 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 Nassau County Criminal Defense Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The jury’s decision for manslaughter instead of second-degree murder is very significant for the potential sentence in this Jacksonville Violent Crimes Case. While both charges are first-degree felonies, the sentencing requirements are very different. If the defendant in this Jacksonville Violent Crimes case was convicted of second-degree murder, he could be sentenced to up to life in prison. However, because the charge was reduced to manslaughter with a weapon, the maximum charge is now 30 years in prison. The defendant in this case, 36, is young enough that he could expect to be released from prison even if he is given the maximum sentence by the judge.

There are varying degrees of manslaughter, and this was among the more serious charges the jury could have chosen. The baseball bat, in this case, was deemed to be a weapon by the jurors, which made the charge a first-degree felony and the maximum penalty 30 years in state prison. In many other Jacksonville Manslaughter Cases, the charge is a second-degree felony with a maximum penalty of 15 years in state prison. This type of charge is used, for example, when people are in a fistfight and a punch or a person hitting their head on the concrete results in a death. While this Jacksonville Manslaughter Case was also a fight, the bat was used in the fatal blow that led to the man’s death, which made the case a first-degree felony.

This decision by the jurors shows the importance of the balance in our criminal justice system. While the defendant was still found guilty in the man’s death, his punishment can now be much different because of the findings of the jury. He will be sentenced this fall. Our Jacksonville Criminal Defense Attorney will fully investigate any criminal charges against you or your loved one so you can make an informed 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 Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Typically, a first-degree murder charge only has two possible sentences – life in prison without the possibility of parole or the death penalty. Because the defendant is a juvenile, neither life in prison nor the death penalty are options in this Jacksonville Murder Case. If he is convicted, the judge would then issue a sentence of life in prison, but add a date for the defendant to be eligible for a hearing on being released. Typically, that term is about 40 years. The both is among several boys recently charged as adults with murder, including a 12-year-old charged with killing a homeless man last year. Of the three people police suspect in this Jacksonville Murder Case, two have been arrested and the 17-year-old is still on the loose. There is often some room to have the charges reduced for providing information in the case, but that’s if the person is on the periphery of the case. From what has been reported in the local media, police think the 13-year-old is the one who pulled the trigger, so it’s unlikely he’ll be able to work much of a deal with the state in this Jacksonville Murder Case. There is a completely separate court system designed to deal with juveniles. But the state has the option to charge youth accused of serious crimes as adults. That is common practice locally in cases where the charge is far less serious than murder, so it is highly unlikely this case will be anywhere but adult court.

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 Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

In a typical St. Johns County Murder Case, there are two possible sentences if someone pleads guilty to or is convicted of first-degree murder: life in prison without the possibility of parole or the death penalty. However, the sentencing possibilities are different in this case because the defendant is only 15 years old. He can still be charged as an adult in this St. Johns County Murder Case, but he cannot be sentenced as an adult would be. For example, the death penalty is not an option when juveniles are convicted of murder. Also, there must be some chance for release, even if it ends up being denied. The state prosecutor told the newspaper it would likely be 40 years before the release would be considered, assuming the boy either pleaded guilty or was convicted by a jury. So he could be sentenced to life in prison, with the condition that he could apply for release in 40 years, or whatever length of time the judge deems appropriate. Courts have gone back and forth on life sentences for juveniles and the laws have been driven recently by the U.S. Supreme Court. Justices have struck down life sentences for juveniles, but have left it up to individual states to determine the lengths of sentences – even though the federal courts have ruled that 70-year sentences for juveniles are too long and essentially amount to a life sentence.

On serious felony charges, such as murder and armed robbery, it was highly unlikely the state would ever choose to prosecute the case in juvenile court. But even in adult court, there are still sentencing guidelines that differentiate between boys and men. Our St. Johns County Juvenile Crimes Attorney has represented hundreds of teens on a variety of charges, from misdemeanors on up to serious felonies in adult court, as this boy is charged with. Our St. Johns County Criminal Defense Attorney will thoroughly investigate the case against you or your loved one and provide information so you can make the best 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 Duval County Juvenile Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The interesting piece of this Clay County Murder Case is that four people were charged with murder but never fired a shot. One was sentenced to two life sentences and another received 50 years in state prison. The fourth, who was 16 at the time and living in the house with his mother (who received 50 years), has not yet been to trial. Florida law, which applied in this Clay County Murder Case, allows the state to charge a person with murder if he or she was committing a felony at the time when a murder occurred. Because the people inside the home were either making, selling or in possession of methamphetamines, the charges could apply. Police said they smelled cooking methamphetamines when they approached the home, the newspaper reported. So the people inside the home were all charged with both the murder of the police detective and the man who shot him, and was subsequently shot by the police.

Felony murder can also be charged in Clay County Murder Cases where, for example, a store clerk has a heart attack when a gunman is robbing the store. The only elements that need to be proven are: the defendant committed a felony and someone was killed. It is unusual for the state to charge first-degree murder, as it did in this Clay County Murder Case, but within the bounds of the law. Under Florida law, you don’t have to be the one who pulls the trigger to be facing a murder charge. Our Clay County Criminal Defense Attorney can explain the variables that can induce different charges, and fully investigate the case against you or your loved one.

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.

In Jacksonville Murder Cases, and across Florida, there are only two possible sentences when someone is convicted of or pleads guilty to first-degree murder: life in prison without the possibility of parole or the death penalty. If the state is seeking the death penalty, once the trial is over the jury reviews the case and then makes a decision one way or the other on the sentence. Jurors vote individually and the results are then read in court for the judge. This is the most prominent circumstance where a jury does not have to be unanimous. To convict a person of a crime, or the completely exonerate a person, all of the jurors must be in agreement. If a jury cannot reach a unanimous decision, the judge declares the case a mistrial. From there, prosecutors must decide if they want to take the case to trial again, or continue negotiations with the defense.

But, at the death penalty phase in a Jacksonville Murder Case, jurors just take a vote and let the chips fall where they may. In this Jacksonville Murder Case, the jury recommended life in prison, not the death penalty. The judge chose to follow the jury’s recommended, which happens in virtually every Jacksonville Murder Case involving the death penalty. A case that will head to the U.S. Supreme Court next year could require all states to have the jury make a unanimous decision on the death penalty before a person could be sentenced to death. Florida is one of only three states that only requires a majority vote from the jury to recommend the death penalty. Our Jacksonville Criminal Defense Attorney represents people accused on any type of crime, from misdemeanors on up to murder charges. Our Jacksonville Violent Crimes Attorney knows the various sentencing laws and the minimum mandatory requirements, and can explain those to you or your loved one so you have a better understanding of what to expect and 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 Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Criminal mischief is essentially vandalism, and the crime would be throwing the drink at the woman’s vehicle. Since the value of the damage is likely less than $200, the charge would be a second-degree misdemeanor, punishable by up to 60 days in county jail. If the value is between $201 and $1,000, the charge would be a first-degree misdemeanor punishable by up to one year in the county jail. If the value was more than $1,000, criminal mischief is then elevated to a third-degree felony with a maximum penalty of five years in state prison. This is highly unlikely in this Jacksonville Road Rage Case because prosecutors told the newspaper the case was being investigated as a misdemeanor.

None of the actual root causes of the argument are part of the charges, including running a red light and speeding in a school zone. In these Jacksonville Traffic Cases, the alleged acts would have to be observed by a police officer for any charges to be filed. The only exception in traffic cases are red light cameras cases, though those are also subject to their own legal questioning. The woman also accused the van driver of threatening her, but that part of the incident was not caught on video. The only potentially criminal piece that was filmed was the throwing of the drink. Even that piece of this Jacksonville Misdemeanor Case could be pretty thin if it was brought before a jury of the driver’s peers. The case will eventually become a case of “he said, she said.” If the woman thought far enough in advance to film the man from her cell phone while driving, did she do anything before the filming that might have instigated or escalated the incident? And by following the man to his home, did she continue the incident and then herself become the aggressor? The video makes for good footage for the evening news, but isn’t as solid when it comes to proving a case beyond a reasonable doubt. Our Jacksonville Criminal Defense Attorney represents people accused of all types of crimes, including traffic cases, misdemeanors and felonies.

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 Criminal Mischief Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

There were two people facing similar charges in this Jacksonville Murder Case and the second has not pleaded guilty. He is still awaiting trial, the newspaper reported. Cases like this always lead to speculation that the person pleading first will be testifying against the second defendant. The man’s Jacksonville Criminal Defense Attorney told the newspaper the plea does not require him to testify in the case against the co-defendant. One key element in this Jacksonville Murder Case is that the man has already been sentenced. Typically, when the deal is contingent on cooperation, the state will ask the judge to postpone sentencing until after the trial in which the person is supposed to testify. This is done so the state still has some sort of leverage over the defendant. If the sentence that reflects cooperation has already been given, there is no incentive for the person to actually testify against the other person in his or her Jacksonville Murder Trial.

If the person isn’t testifying, or the state does not believe the testimony to be crucial to proving its case beyond a reasonable doubt, it doesn’t matter when the person is sentenced. From the media reports in this Jacksonville Murder Case, it is not clear which of the two men was the shooter. The man who was sentenced was arrested after police received a tip that he was bragging about being involved in the first murder of 2013, the newspaper reported. He was charged with murder after lab results showed a gun found on him matched the one used in the murder. Our Jacksonville Criminal Defense Attorney represents people charged with all types of crimes – from misdemeanor charges and traffic tickets on up to capital felonies such as murder and armed robbery. Our Jacksonville Criminal Defense Attorney will thoroughly investigate the charges against you or your loved one and provide you with information so you can make the best decision on how to proceed 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 Jacksonville Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The Supreme Court ruled that the 70-year sentence for a teen was essentially a life sentence, and that went against the intent of a previous U.S. Supreme Court ruling. That decision banned life sentences for juveniles charged with any crime other than murder. When juveniles are sentenced to life in prison, a review must occur after 25 years. If a juvenile is not given a life sentence on a crime that would warrant one, such as murder, the minimum sentence is 35 years. But for cases other than murder, the courts have not had clear direction on how teens should be resentenced and perhaps this Florida Supreme Court decision will provide more clarity. These decisions apply to teens who are charged with crimes as an adult – not simply teens who have relatively minor charges that stay within the juvenile court system. In many instances in Duval, Clay and Nassau counties, prosecutors will bypass the juvenile court system and immediately throw the case into adult court.

What the Florida Supreme Court is at least partially saying in this ruling is: juveniles who commit crimes cannot be treated exactly like adults. That’s why there is a separate detention and punishment system for teens – with five levels of detention, from house arrest on up to what’s essentially a prison for teens. That’s why there is a separate type of sentencing for Youthful Offenders, which can cap the time at six years for someone who commits a crime before the age of 21. Those years can be split among probation and prison with, for example, four years in prison and two years of probation – or any combination thereof. Juveniles can commit serious felonies and, without question, should face punishment and be held responsible for their actions. But the state also must balance the mental capacity of a 14-year-old when issuing a sentence that will keep him in prison into his 80s.

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 Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The trial logistics of this Jacksonville Murder Case are different than most. In this Jacksonville Violent Crimes Case, four people were allegedly going to buy drugs from the two brothers and the two brothers were both shot in the face and killed. One defendant already pleaded guilty to second-degree murder in this 2013 incident and is awaiting sentencing. The alleged shooter is charged with first-degree murder and the state is planning to seek the death penalty against him. That left the two men who recently went to trial. The facts of the case were similar enough that the state could present the cases against both at the same time. But, separate juries were assembled for each of the defendants in this Jacksonville Murder Case. So when it came time to deliberate and discuss the charges, one jury went into one room and the other went into a separate room.

This practice is done so every defendant has a fair trial and is judged on his or her own actions as offered as evidence by the state. If a jury was considering both cases at the same time, the actions of one defendant could influence their opinion of the other. A person’s right to a fair trial in front of a jury of his or her peers is essential – especially in a first-degree murder case. There are only two possible sentences when someone is convicted of first-degree murder: life in prison or the death penalty. The 20-year-old man who pleaded guilty to second-degree murder could face a sentence that would allow him to be released from prison at some point, but he likely agreed to cooperate in the case. The 21-year-old defendant now facing a new trial could have a similar option, depending on what he and the state choose to do with the case. If the case does go to trial a second time, the jury will not be told it’s been to trial before – just like previous criminal charges aren’t allowed in as evidence 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 Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.