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May
17

Animal Cruelty

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.

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May
11

Theft and the Law

by Criminal Defense in Miami

Theft can include armed robbery, burglary, theft by check, forgery, unauthorized use of a vehicle, fraud, false statement to a credit agency, shoplifting and the list goes on. The consequences for stealing range from a Class C misdemeanor to felony charges, usually depending on the monetary value of what was taken. If the value of the stolen item is under one thousand five hundred dollars then the perpetrator will most likely be convicted of a misdemeanor. This can result in a simple fine and or community service, but could also involve jail time, depending on the circumstances. If the item stolen was of great value, the accused will most likely be charged with a felony and will have to serve prison time. At the time of a hearing the court will be notified if there is more than one offense on the suspect’s record and this will also affect the sentencing. People who steal generally do not do it just one time. It is important to note that in some states, stealing of any kind is considered a crime of moral turpitude. This means the act of stealing is not a favorable action in community standards of justice, honesty or good morals. Even if you are charged with a misdemeanor, you will have a permanent criminal record that will follow you for the rest of your life. This can have negative effects on the wrongdoer’s character personally, legally and with future employment opportunities.

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Apr
27

Misdemeanor Vs Felony Offenses

by Criminal Defense in Miami

Generally, many people are aware that misdemeanor charges are issued to offenses considered to be less criminal in nature. Lesser criminal acts such as speeding, running a red light, possession of certain minimal amounts of marijuana, and many others are classified as misdemeanor offenses. While these types of charges are significantly less harsh than felonies in terms of the penalties associated with them, in no way can they be considered insignificant. In fact, misdemeanor offenses still carry a more strict set of consequences than those issued to offenses that are determined to be administrative infractions,like minor or petty or summary offenses. Typical misdemeanor offenses include public intoxication, petty theft, reckless driving, simple assault, prostitution, vandalism, disorderly conduct, and trespass, just to name a few. These behaviors are ones which will result in a maximum of a in jail, a loss of certain privileges such as the right to obtain professional licensure or hold public office. Furthermore, misdemeanor offenses may lead to difficulty in securing certain types of employment. As with all crimes, the nature of the consequences will depend greatly on the offense itself and the judge or jury convicting your case.
Felony charges, on the other hand, are more often seen in conjunction with criminal offenses of a more severe nature. As such, persons classified as felons under conviction will be sentenced to harsh punishments that far exceed those doled out to misdemeanor offenders. Felony offenses are defined as those which will induce punishments of death or imprisonment, sometimes for long periods of time that could even be up to life in prison. In fact, any jail time of a year or less will automatically be ruled as a misdemeanor, meaning that felonious offenses can result in no less than a year in prison. In general, felonies are classified by the seriousness of their nature, with the most serious offenses being punished more severely than others. Murder, rape, burglary, armed robbery, vandalism of federal property, drug related charged in relation to a certain quantity, and aggravated assault and battery or only some of the many criminal behaviors that will be treated as felony offenses. These are behaviors which can be classified as violent or non violent, with burglary, sexual crimes, and the like being categories as violent. Non violent crimes are those such as drug offenses and white collar crimes. Under law, behaviors such as these are equally serious as those of a violent nature, sometimes even more so as they stand to affect many more people, financially, socially, and emotionally.

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Apr
23

Misdemeanors

by Criminal Defense in Miami

When a legal entity mentions a felony versus a misdemeanor, a misdemeanor is classified as the lesser crime or offense committed by a person ending with a punishment far less than a felony and higher than an administrative infraction and usually punishable by a fine or probation. An offense that is punishable with a jail time of less than a year is a misdemeanor and anything greater than one year is a felony. Each state varies what they consider a misdemeanor and the classifications behind them. A misdemeanor may be: assault, possession of drugs, disorderly conduct, trespassing, prostitution, public intoxication, vandalism, dui and petty theft. In the United States, a misdemeanor is punishable up to a year in a local jail while felonies are incarcerated in a state prison. Some that have committed a misdemeanor offense are penalized with community service, probation or part time imprisonment . Quite a few states now break down each misdemeanor in to categories of offenses and each category has a maximum and minimum penalty. Under the situation that a ruling of a judge does not identify the specific classification, it is considered an unclassified misdemeanor. A lawmaker will evoke this when they want to require a sentence that is outside of the specific misdemeanor classes.

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Apr
16

Felonies and Misdemeanors

by Criminal Defense in Miami

Many people in who are charged with a felony or a misdemeanor may begin to wonder what exactly this means and what will the process be like in court. This also brings up the issue of whether to hire a professional criminal lawyer or criminal attorney. Penalties and consequences that can be incurred if found guilty of either a felony or a misdemeanor can drastically alter an individual or family. For this reason, hiring a professional criminal lawyer or certified criminal attorney is always the best way to be defended in court. A felony is considered to be a more serious crime, while misdemeanors are less severe. In the United States, there is a distinct separation between felonies and misdemeanors. The main distinction between them are the consequence that can be handed out to those that are found guilty. If the crime has the capability of being punished by death or imprisonment of more than a year, it is considered a felony. Any crime whose maximum penalty is exactly a year or less is considered to be a misdemeanor. In either case, a criminal accusation is a serious event and adequate defense should be prepared.

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Apr
9

Felony Crimes

by Criminal Defense in Miami

Felony is a serious crime in the United States. Most of the states have abolished the felony and misdemeanor distinction. In the United States, the distinction still applies. Hence the Federal government states felony as a crime and gives a potential punishment for a year or maybe even longer in jail. Felony crimes include: assault and battery, burglary ,arson, embezzlement, theft, illegal drug abuse or sales,tax evasion, racketeering, espionage, kidnapping, rape, murder and fraud. There are various other crimes that are also considered an act of felony. The possession of a deadly weapon even though legal can be termed as a crime. It becomes a crime when this weapon is carried to restricted areas like schools or public places where it should not be taken. Such a case would be a felony act.

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Mar
28

Felony Traffic Tickets

by Criminal Defense in Miami

Reckless or unsafe driving can cause valuable lives and properties on stake. This is why many traffic violation laws have been set in order to dissuade unsafe driving and ensure public safety. It is important for you as a driver to be well aware of the implications, penalties and possible punishments that you might face while dishonoring the traffic rules. Some traffic violation acts can result in paying traffic tickets penalties or points while others are most severe and can be classified as severer crimes and hence fall under the misdemeanor or felony crimes. Our discussion here will focus on Misdemeanor or Felony traffic violations. Traffic misdemeanor and felony are serious traffic violations that may cause injury to a person or may result in the damage of some property and results in severe punishments like loss of driving privilege, severe penalties and imprisonment.

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Mar
23

Criminal Defense

by Criminal Defense in Miami

The use of weapons in the commission of a crime makes that crime far likelier to result in serious harm or death. Under the legal systems of essentially every state, people who are charged with the use of a weapon while committing crimes can face much greater legal penalties than they would otherwise face. Anyone who is facing weapons charges needs effective legal defense to protect their rights and freedom. For example, many states laws provide much harsher punishments for people who use deadly weapons in the commission of a crime. Many crimes that would ordinarily be classified as a less serious offense can be upgraded to a much more serious offense if a weapon is involved. A second-degree felony can result in a prison sentence of between 2 and 20 years, but a first-degree felony can result in up to years behind bars. In many states, robbery on its own is a second-degree felony. If the person committing the robbery has a deadly weapon, the charges may change to aggravated robbery–a first-degree felony. Similar rules apply to other offenses as well. Several other crimes have “aggravated” versions, such as aggravated assault and aggravated sexual assault, all of which are characterized by the use of weapons.

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Mar
15

Difference Between a Felony and a Misdemeanor?

by Criminal Defense in Miami

Criminal charges fall into three general categories. The first, infractions, are relatively minor traffic-related charges that involve no threat of jail time. More serious crimes are classified as either misdemeanors or felonies. The classification of the charge depends on a variety of factors, as does the punishment. Misdemeanors are punishable by up to one year in local county jail, and a large fine. Examples of misdemeanors include: petty theft, prostitution, public intoxication,simple assault, reckless driving, vandalism, trespassing and drug possession. While a misdemeanor conviction can be seen on your public record, the severity of the offense affects how long it stays on your record. Misdemeanor sentences can also include community service, probation, suspension of your drivers license, and restitution to the victim. Misdemeanors can be wiped from your record after your sentence is served, and you are not required to inform employers about them. This allows more privacy for the defendant.

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Mar
9

Credit Card Fraud

by Criminal Defense in Miami

How do you detect credit card fraud before it happens? You won’t have any problem knowing that you’re dealing with fraud after the transaction as it will likely result in a chargeback to your business. The key is in getting it before it gets you. And the only way that you can pull that off is to put the appropriate tools in place. Luckily, modern technology equips the business owner to take fraud prevention measures. Unluckily, not all these measures work, and scammers are constantly trying to find ways of beating you out of the money that you rightfully deserve for a completed transaction. If you want to know how to detect credit card fraud beyond a shadow of doubt, then do the following. Invest in a reputable bank identification number database. Not all of these services are the same. Some are very limited in the focus they offer, while others may be able to encompass many different types of payment, but they skimp on their currency in order to cut overhead, and that leaves your business out in the cold whenever a transaction is made that is destined for chargeback. This aspect of fraud prevention is very important for you to take seriously as it can be the difference between a real fraud problem or never seeing another questionable transaction come through your point of sale. Don’t be swayed by services that undersell.

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