REQUEST A CALL BACKWe are ready to talk to you
REQUEST NOW
VISIT OUR BLOG
Latest on Criminal Defense
READ MORE
Blog
by Criminal Defense in Miami
The act of extortion occurs when a person obtains property, money, or some other valuable asset from another person by using threats to scare the person into handing over the assets. Demanding some form of payment in return for not carrying out a threat is extortion. Any threat created to scare another person into taking actions to avoid the threat is a form of extortion. Extortion includes threats of physical harm, murder, or abduction. One example of a situation that may lead to extortion is the classic mafia example. The mafia is notorious for using extortion as a way they maintain dominance throughout the community where they exist. Many business owners are approached by men who offer some sort of protection in exchange for payment. Many times, the business owners respond with no interest in the offer, and this upsets the mafia. When the business owners turn down the offer of protection in exchange for payments, many times the mafia is known to make threats. The men from the mafia have been known to threaten business owners who do not buy the mafia’s protection. The threats consist of injury and destruction of the business if the owner does not accept the mafia as its protection service. These threats directed towards the business owner are a form of extortion. Threatening a business owner with injury or destruction if they do not accept the mafia’s protection is a crime that mob bosses are tried for time and again. Another classic example of a situation that leads to extortion is when a person is kidnapped and held hostage for ransom. Many times, kidnappers will contact the relatives of the kidnapped person, and request that money be exchanged for the safety and well being of the hostage. These threats to harm the hostage if payments are not made are another example of extortion.
Full Article
For More Information Visit: http://www.criminallawyerinmiamiflorida.com
Tags: Abduction, Criminal Defense Lawyer, Defense Lawyer, Federal Crimes, Felony Crimes, Injury, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Money, Murder, Offenses, Property
Posted in Criminal Defense
by Criminal Defense in Miami
Tampering, as a crime, is harshly punished in the american judicial system, capable of standing as a felony on its own. Why a person tampers another’s food, drink, drugs, or similar products is mostly a mystery of the criminal mind, and could be any number of reasons. While some look to cause mild injury or discomfort to spite friends or family members, tampering with consumer products can often lead to more disastrous results, and could potentially result in a jail sentence. Some pranks are easily construed as tampering. Putting additional ingredients into food, such as laxatives or illegal substances, can be severely punished. Tampering with drinks, including with ingredients like GHB or rohypnol, can be compounded with other charges. The law only mildly distinguishes between what would be considered a prank and what would be considered a truly harmful act. In the end, the truly important factor in sentencing is not the intent, but the actual results. Injury caused by tampering can upgrade the crime from a felony in the second degree to a felony in the first degree. This means that even a seemingly harmless prank, if gone wrong, can lead to a jail sentence.
Full Article
For More Information Visit: http://www.criminallawyerinmiamiflorida.com
Tags: American Judicial System, Criminal Defense, Felony Crimes, illegal Substances, Intent, Jail Sentence, Jonathan Blecher, miami criminal lawyer, Prank
Posted in Criminal Defense
by Criminal Defense in Miami
Have you ever heard the phrase white collar crime. Generally speaking, the traditional attire of the person committing that style of crime defines the crimes classification. White collar refers to the dress shirts worn by these types of office workers wear, with white collars and ties. Blue collar would refer to the standard uniforms worn by many working class individuals. These are very general terms, and there is no law that states that a working class person cannot commit a white collar crime and vice versa. The classifications refer more to the crime itself as a general definition than the actual perpetrators. Also, these are generalized classifications coined by the media and are not codified as crimes in the classic sense in our judicial system. A blue collar crime is a highly visible crime committed by the average working class or poor American, from violent crimes to thievery and even drug related crimes. Most are perpetrated by people who believe that they have nothing to lose, and everything to gain, by the success or failure of the crime, and the crime is committed due to a lack of hope, environmental pressures, peer pressure, or a simple feeling that there are no other options. Blue collar crimes are typically associated with americans who work for a living, heading to day jobs or night shifts in order to earn an income and support a family the hard way. The unemployed are at highest risk for committing what is classified as a blue collar crime. Crimes in this category typically include theft, drug charges, DUIs, and violent crimes. Keep in mind that many high-powered executives get charged with DUIs, crimes of violence and drug crimes. The difference is that they aren’t charged with these type of crimes at the same high rate as blue collar workers.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Blue Collar Crimes, Crimes, defense, Drug Crimes, dui, Jonathan Blecher, theft, Violent Crimes, White Collar Crimes
Posted in Criminal Defense
by Criminal Defense in Miami
Domestic violence is sometimes referred to as domestic abuse or spousal abuse. It occurs when a family member, partner or ex partner attempts to physically or psychologically dominate each other. Typically, victims of domestic violence are women and children. Domestic violence is never acceptable no matter what the reason is. If you think you are a victim of domestic violence, read on. This article will tell you more about it. There are many signs of domestic Violence. The abuser always wants to be with the victim. You feel controlled and your partner always wants to know about your whereabouts. At one moment, your partner is in a good mood and at another moment your partner gets angry and agitated over the smallest things. Your partner gets jealous over the simplest things and get abusive. Domestic violence is a serious matter. It should not be taken lightly. If you think you are a victim of domestic violence, seek a counselor’s advice or talk to a family member. You should be prepared to report him to the authorities if you are really a victim of domestic abuse. If you are already a victim of one and you have not reported the abuser, you are just doing serious damage to yourself. You have to understand that you deserve to lead a proper life without anyone controlling you physically, mentally or even financially. You have every right to do what you want. And if the abuser is hitting you and causing you harm, it is batter that you report him now. It is never too late to report him to the authorities.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: abuse, Criminal Defense Lawyer, Domestic Abuse, Domestic Violence, Jonathan, Jonathan Blecher, Miami, Miami Criminal Defense Lawyer, Violence
Posted in Criminal Defense
by Criminal Defense in Miami
One of the most aggravated crimes that a person can commit is armed robbery. Glorified by television, movies and video games, it is not always easily understood just how serious a charge being accused of this crime can be. Unlike simple theft, armed robberies by definition means that the potential for violence was accelerated by the use or threat to use a weapon with deadly intent. Theft by definition, is characterized as being generally non violent, usually taking the form of shoplifting, taking funds through the practice of deception as in check fraud or even burglary of a vehicle or home. Because there is no direct confrontation with an individual, it is considered to be of less violence and will be punished as such, even when it may take the form of fraud or embezzlement. In extreme cases, the punishment sentence will often have a maximum of no less than fifteen years but generally, depending on the state, could be as low as five to seven years. Robbery on the other hand involves the direct confrontation of at least one individual by the perpetrator. Crimes like mugging, pick pocketing and purse snatching could easily fall into this felony category, as can cases where a gas station or bank is robbed. This crime alone could see a convicted felon facing a term of no less than fifteen years, depending on the state, but as low as ten years. The lines of justice begin to blur and the desire for greater punishment comes into play when robbery is escalated to armed robbery, a first degree felony whose propensity for violence demands a stiffer sentencing and penalty.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Crimes, Criminal Defense Lawyer, Defense Lawyer, Felony Crimes, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses
Posted in Criminal Defense
by Criminal Defense in Miami
There is much to consider in being charged with a crime; Appointment of legal counsel, education of rights, and preparing to possibly stand trial. If you are being investigated or charged for a crime, such as assault or battery, homicide, a felony, or a weapons charge, there is a long road of financial and legal turmoil ahead. Often assault and battery are coupled together for relation in nature. It’s possible to be charged solely with assault, battery generally encompasses assault. Assault is the intent or threat to commit a violent act against another person. There are two classifications of assault, aggravated and simple. Aggravated is more severe as a third degree felony and is punishable by five years in prison. Simple assault is a second degree misdemeanor and is punishable by sixty days in jail. Once an act of violence has actually occurred, the crime becomes battery. Florida law consists of three types of battery, simple, felony, and aggravated. Simple is punishable by up to one year in jail and is a first degree misdemeanor. Felony consists of a maximum of five years in prison and is a third degree felony. Lastly, punishable by up to fifteen years in prison, aggravated battery is a second degree felony. Defined as the unlawful killing of another person, homicide is broken in two categories murder and manslaughter. Various degrees of murder exist based on if a crime is considered premeditated. Manslaughter is unintentional death caused by preventable or avoidable negligence or recklessness.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Criminal Defense Lawyer, Defense Lawyer, Federal Crimes, Felony Crimes, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses
Posted in Criminal Defense
by Criminal Defense in Miami
Police continue to make more arrests for batteries, especially domestic related batteries. In Florida, a first time Battery can carry a punishment of one year in the county jail. A second time battery can carry five to fifteen years in prison. Accordingly, if you are facing a criminal battery charge, it is important to be aware of the three most common defenses to your charge. Florida law permits the criminal attorney at trial to argue the affirmative defense of self defense. Affirmative defenses are known as justification defenses. Consider the situation of two boxers going into a ring to fight. On boxer absolutely clobbers the other boxer. When the fight is over, however, the winning boxer is not arrested. That is because the boxers had consented, or agreed, to the fight. In Florida, the crime of battery requires unwanted harmful or physical contact. Naturally then, if both parties agree to fight, the contact cannot be unwanted.
Battery requires the intent to commit the act. It is a defense to the charge of battery if the act of contact was not intentional. Consider the case of a linebacker crashing into a referee. The referee may end up hurt, but if the linebacker did no accidentally and without intent, then no crime of battery would have been committed.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Battery, Criminal Battery, Criminal Defense Lawyer, Defense Lawyer, Domestic Battery, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses, Offensive Physical Content
Posted in Criminal Defense
by Criminal Defense in Miami
Animal cruelty is getting more and more prevalent today. Unfortunately, not everyone is aware of it. Dog fighting, a common practice in some places is considered to be a felony in most countries. However, the punishment for such does not reflect that of a felony crime. As a result, there will always be people who will continue to neglect and abuse animals. A lot of environmental activists and concerned people believe that the law should push stronger implementation of anti animal cruelty laws. Stronger laws mean tougher punishments, and animal cruelty offenders need to be punished using the strongest punishment allowed by law. Most of those who show domestic violence against humans have a history of abusing animals. There are a lot of serial rapists and murderers who started out by abusing and torturing animals. When they think that they can get away with animals without any form of punishment, then they look for more challenging subjects.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Abusing Animals, Anti Animal Cruelty Laws, Criminal Defense Lawyer, Dog Fighting, Felony, Jonathan, Jonathan Blecher, Miami, Miami Criminal Defense Lawyer
Posted in Criminal Defense
by Criminal Defense in Miami
All states have some protections to defend animals from human acts of cruelty. Florida has many laws that are designed to decrease animal cruelty within the state and provide a formal way to prosecute offenders. Most people recognize that acts of animal cruelty are terrible and depraved crimes against docile and mostly defenseless creatures, but tragically there are still some who do not think twice about abusive and torturous behavior. These laws help to protect animals from these acts and to put abusers behind bars. The most general law regarding animal rights is the Cruelty to Animals Law, which outlines a number of qualifying offenses. If an individual is arrested for cruelty under this law, s/he will be charged with either a first degree misdemeanor or a third degree felony, depending on the severity of the offense. Offenses under this law include, driving a work animal to exhaustion or starvation, torment, torture, mutilation, depriving food or shelter, transporting an animal in a cruel or inhumane way, having an animal tied up so that it cannot adequately defend itself or access food, water, and shelter. Any offender of this statute may be ordered to serve jail or prison time if convicted, in addition to paying steep fines.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Depriving food or shelter to animals, Driving a work animal to exhaustion, First Degree Misdemeanor, Mutilation of Animals, Starvation of Animals, Third Degree Felony, Torment of Animals, Torture of Animals, Transporting of Animals
Posted in Criminal Defense
by Criminal Defense in Miami
Battery is commonly defined as when a person intentionally touches or strikes another person against their will or without their consent. Battery is a punishable crime that is taken very seriously. It is often grouped with assault, which is defined as an intentionally threatening word or action that seeks to physically harm another. However, battery has its own properties and punishments. Battery can simply be someone touching a stranger who did not want to be touched, even if it is without the intention of causing pain. Poking your finger into a stranger’s chest is a form of battery. However, since it is a less severe case of battery the legal damages that can be collected are also lesser. Inappropriate and unwanted touching can also be a form of battery, even if it does not physically injure the person being touched. Battery can also occur when someone projects an object with the intention of hitting someone else with it, all against their will. For example, spitting on a stranger is a form of battery. Aggravated battery is when the person committing the crime intentionally or knowingly causes severe bodily harm, permanent disfigurement, or permanent disability. It can also occur when the batterer uses a deadly weapon. Lastly, a person is committing aggravated battery if their victim was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Aggravated Battery, Aggressor, Assault, Battery, Defense Lawyer, Federal Crimes, Felony Crimes, Justice, Misdemeanor, Misdemeanor Crimes, Offenses, Punishable Crime, THreatening
Posted in Criminal Defense
blecherlaw.com 
