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
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
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
by Criminal Defense in Miami
Trespassing is the act of passing onto someone else’s property after you have been warned not to enter, or of remaining on someone else’s property after you have been asked to leave. In most states, trespassing is classified as a misdemeanor. While trespassing laws are useful for keeping would be burglars and other criminals off of another person’s property, they are also sometimes abused to arrest individuals who mean no harm. Many kids enjoy the thrill of venturing beyond their neighborhood and exploring unknown territory. However, this territory is often privately owned by someone else. If the owner has no trespassing signs posted, he or she can call the police to have the kids arrested. While younger children can typically get away with a warning, teenagers may have a more difficult time and may find themselves arrested, even if they did not realize that they were trespassing. Another common trespass situation occurs when a customer gets into an argument with a store owner, restaurateur, or nightclub bouncer. If the property owner or person with authority orders the customer to leave and he or she refuses, the owner can have the customer arrested for trespassing. This can be an especially troubling case when the customer has a valid reason for confronting the owner, and the owner abuses the trespass law to avoid the situation.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Criminal, Criminal Trespassing, Defense Lawyer, Federal Crimes, Felony Crimes, Justice, Misdemeanor, Misdemeanor Crimes, Offenses, Property, Trespassing
Posted in Criminal Defense
by Criminal Defense in Miami
Identity Theft. What do you think about when you see those two words. Possibly it makes chills go down your spine if you have been a victim, or know someone else who has been. Possibly you have heard the phrase, but don’t really know what it is. Maybe both of the above apply, or maybe neither apply.
First of all, what really is identity theft. Simply put, it’s when someone gets your personal information and tries to pretend to be you for their personal gain. It is when someone tries to pretend to be you in some circumstance for some reason. It is a crime that is everywhere and continues to be on the rise. You can’t guarantee that your personal information is safe. There is always the potential of someone watching long enough and being savvy enough to get your personal information. Without getting too much into it, people steal others’ identities because there is something they want that they can’t get with their own identities. The first identity theft that people often think about is financial. This can include: credit card, child support, government benefits and charity, just to name a few. This type of identity theft is all about getting money, in whatever form the thieves can get. A common way to get this information of late is either emails or phone calls phishing for your personal information. Chances are, the credit card companies and banks and credit unions with which you have accounts won’t need to send an email or phone call to get your personal information again. These are definitely easy ways to protect yourself. If in doubt, don’t give out any information until you speak directly with the financial institutions with which you have accounts.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Child Support, Credit Card, Criminal Defense Lawyer, Defense Lawyer, Financial Identity Theft, Identity, Identity Theft, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses, theft
Posted in Criminal Defense
by Criminal Defense in Miami
Your boat is one of your most expensive assets. Insured or not, it will cause you no great pleasure if it gets stolen. But boats, because of their value and, often, because of the negligence of their owners, can be such attractive things to steal. How, then, can you prevent your boat from getting stolen. Secure your boat.This is very basic. Never leave your boat unattended with the keys in the ignition or with the engine idling. Always lock your ignition switches. You can also install a remote power cut off switch. If you’re leaving your boat in the water, chain it to the dock. If you need to leave your boat’s trailer in the driveway, park another vehicle in front of it if you can. It’s also a good idea to remove at least one trailer tire. Close all window curtains, do not leave valuables inside the boat, and lock all outboard motors and fuel tanks. Always use a hatch lock. Of course, it is best to store your boat in a locked garage. Even then, make sure your boat is attached with a high-security chain to a fixed object such as a large post. Install an alarm system.If anybody dares try to run away with your boat, a good ear piercing alarm system just may scare them away. If it doesn’t, the system will still alert you and your neighbors that something is amiss. Alarm systems do not need to be expensive. You do need to be sure, though, that the alarm you get is right for boating use. An alarm system designed for dryer environments may malfunction when exposed to marine elements and would defeat the purpose of purchasing one in the first place.
Incidentally, it’s not just theft alarms that you need to install to protect your boat. Often, it’s a good idea to install smoke alarms as well, in case of fire. Mark your boat and all equipment in it.Use an engraver to permanently mark your boat, trailer, electronics, and other equipment with your hull identification number and your driver’s license number. Your boat itself will probably already have this mark anyway, but it’s unlikely that the trailer and other equipment do too.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Boat, Boat Theft, Criminal Defense Lawyer, Defense Lawyer, Federal Crimes, Felony Crimes, Justice, Misdemeanor, Misdemeanor Crimes, Offenses
Posted in Criminal Defense
by Criminal Defense in Miami
The crime of robbery is similar to theft, however, it includes the elements of force or violence. In a robbery the suspect either uses force in order to take something from someone or they use the threat of imminent force or violence against the victim in order to gain possession of their belongings. Robbery is typically considered a violent crime therefore it is punished as such. Penalties for robbery are enhanced under aggravating circumstances; for example, when the crime is committed with an accomplice, when the suspect threatens to use a weapon against the victim, when the victim sustains serious bodily injury or when a weapon is used to commit the crime. Although robbery is a type of theft crime, unlike shoplifting or other non-violent theft crimes, it is a confrontational crime, where the robber takes something directly from the victim. With robbery, the suspect uses force or violence to instill fear in the victim. They then use this fear to overcome them and permanently deprive them of their money or property of value. It’s this direct confrontation that makes robbery so serious. The state of Florida criminalizes the following variations of robbery, sudden snatching, robbery with a deadly weapon, robbery with a firearm, home invasion robbery and carjacking. Because robbery is a violent crime
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Carjacking, Crimes, Criminal Defense Lawyer, Defense Lawyer, Home Invasion Robbery, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses, Robbery with a Deadly Weapon, Robbery with a Firearm, Sudden Snatching
Posted in Criminal Defense
by Criminal Defense in Miami
By accepting the terms of your probation, you are guaranteeing to the court that you can manage yourself without having to rehabilitate in jail. This is a vote of confidence that the court awards based on the premise that one’s behavior will improve. If this ends up not being the case, serious consequences will follow, particularly in the state of Florida. This light sentence can be a blessing for many whose only other option would be jail and will always be preferred to a prison sentence. Even so, being on probation comes with many requirements that will become a strain on your life in many respects, be it socially, financially or with regard to your job. Although probation is still a punishment that needs to be completed in order to gain the freedom that you have enjoyed in the past, many who do not take it as seriously as it should be, violating their terms and unwittingly getting in more trouble. Some of the ways in which individuals tend to violate probation can include, but are not limited to, positive drug or alcohol tests, failing to attend required treatment programs, courses or AA meetings, failing to pay the fines and fees required as a part of your probation terms, not reporting to your probation officer on the correct date or time, failing to report if you have changed addresses during the probationary period, leaving the city, county, or state, without obtaining permission from the courts or probation officer, contacting someone who has an order of protection against you and Possession of firearms. After being accused of violating your probation, you are now in a unique situation due to the fact that you were already sentenced for your crime. This, in effect, offers you less legal protection than if you were just being charged with a new crime.
Full Article
For More Information Visit: http://criminallawyerinmiamiflorida.com
Tags: Federal Crimes, Felony Crimes, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses, Probation, Probation Violations, Rehabilitation
Posted in Criminal Defense
blecherlaw.com 
