REQUEST A CALL BACKWe are ready to talk to you REQUEST NOW
WRITE TO US jonathanatblecherlaw.com EMAIL NOW
VISIT OUR BLOG Latest on Criminal Defense READ MORE

Blog

May
18

Extortion

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

  • Share/Bookmark

Tags: , , , , , , , , , , , , , , , ,
Posted in Criminal Defense

May
3

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, i.e. 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 year 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/ or 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, emotionally, etc.

Full Article

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , ,
Posted in Criminal Defense

Apr
26

Felony Records

by Criminal Defense in Miami

Felony records are available for anyone who has been convicted of a crime that required a jail sentence of over a year. Crimes with jail time for less than a year are considered misdemeanor offenses. When you hear of someone described as a felon, this means that he or she has been convicted of a felony.
What types of crimes are generally included as felonies. They could include murder and arson. Generally, prison time is spent in a state or federal prison instead of a local city or county jail. In some counties or jurisdictions, you must present the case to a grand jury before bring a case to trial. This is intended to protect the rights of the defendant and to make sure that there is sufficient reason to bring charges against someone. Felony records are available to the public just as regular criminal records are. You should be able to contact the county courthouse that the trial was held at to obtain documentation of the criminal records and proceedings. These records are also available through online services that collect criminal record information to be used for criminal background checks. If you are considering performing an online criminal check on an individual, the information should also contain felony records. However if the felony includes acts done as a minor or acts committed on a minor, the information that you can obtain will be quite limited, just as in any criminal case involving a minor.

Full Article

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , , , , ,
Posted in Criminal Defense

Apr
26

Difference Between Felonies and Misdemeanors

by Criminal Defense in Miami

If you are thinking of hiring a criminal defense lawyer, the law professional you end up with will want to be sure that you know the difference between felonies and misdemeanors. This will help you determine just how much representation you need. Of course, the definitions for misdemeanors and felonies do vary from jurisdiction to jurisdiction, simply because state legislatures play a role in defining what crimes fall into these categories. That said, there are some generalizations that can help you as you decide whether or not to hire an attorney. Usually, the difference lies in the severity of the crime. More severe crimes are labeled as felonies, while less severe crimes are labeled as misdemeanors. The punishments also tend to be different. Felonies typically carry more prison time and higher fees, while misdemeanors may not require prison time at all, with community service and probation as an option instead, and also carry much smaller fines. Only felonies, and only the most serious felonies, can end with the death penalty. Some crimes seem to be labeled as felonies no matter what state you are in. If you are accused of one of these, you will always be best off with the help of a criminal defense lawyer, because the penalties can be quite stiff. Common felonies include assault, battery, arson, rape, and murder. Of these, assault may not be considered a felony if it is not severe. Assault is the threatening of physical harm on someone, while battery is the carrying out of physical harm on someone. Some states will separate felonies based on the severity of the crime, known as degree. The lower the degree of the felony, the more severe the crime is, such as in first-degree murder, which is the most serious form of murder because it was premeditated. Second degree murder, on the other hand, is not premeditated, but happens more spontaneously. This makes it slightly less severe.

Full Aticle

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , , , , ,
Posted in Criminal Defense

Apr
25

Arson

by Criminal Defense in Miami

Fires can start for a variety of reasons. Some fires have natural causes, or start because of the spontaneous combustion of natural materials. However, in some cases, fires are set intentionally to a home, another structure, or to wild areas. A person who sets a fire deliberately or who causes a fire because of extreme negligence may be charged with the crime of arson.Penalties and Punishments after a fire, experts investigate to determine its cause, using sophisticated techniques ranging from chemical analysis to trained dogs. The evidence they collect is used in court to prove the original cause of the fire. The penalties for arson are associated with the intent of the arsonist as well as the extent of property damage and bodily injury. Arson and its penalties can be classified with varying severity. Arson occurs when a person is severely injured or killed by the fire.It also occurs when a large amount of property is severely and irreversibly damaged. A misdemeanor arson is a person is charged is a misdemeanor for less severe cases of arson. Additional charges can include destruction of property, breaking and entering, and criminal mischief, In rare cases, the death penalty has been assigned as a punishment in arson cases which result in multiple deaths. Mentally ill patients are sometimes sentenced to extensive psycho and behavioral therapy or committed to a mental treatment facility.

Full Article

For More Information Visit: http://www.criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , , ,
Posted in Criminal Defense

Apr
24

Violent Crimes

by Criminal Defense in Miami

Violent crimes include assault, robbery, rape and sexual assault, and murder. The federal bureau of investigation categorizes violent crimes by whether or not force or the threat of force was involved in the crime. Assault involves threatening another person with violence. If these threats materialize, the offense turns into aggravated assault. An attack on a person which has the intent of inflicting severe injury could be charged as aggravated assault. It often includes the use of a deadly weapon, whether it be actually displaying the knife or firearm or threatening to use it. This is categorized as a violent crime because of the high threat of bodily harm it involves. Kidnapping or statutory rape could also fall under the category of aggravated assault as can reckless driving or vehicular manslaughter. It can either be charged as a first or second degree felony, depending on the circumstances. Robbery is another violent crime that is defined as taking a personal belonging from another by force. The difference between this offense and other types of theft is the use of physical force or intimidation in order to steal something. Again, as a typical example, Texas law defines robbery as any person who intends to steal something while knowingly or intentionally causing serious bodily harm to the victim. It can also include knowingly threatening them with injury or death. Forcible rape is defined as forcing someone to commit a sexual act against their will. This could range from statutory rape to assault with the attempt to rape and more.

Full Article

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , ,
Posted in Criminal Defense

Apr
13

Violent Crimes

by Criminal Defense in Miami

Violent crimes refer to any criminal offense which involves the use of or threat of force towards another person. Violent crime covers a broad spectrum of violent crimes which are divided into several categories by the United States Department of Justice. These include murder, rape or sexual assault, robbery, aggravated assault and simple assault. With violent crimes, violence can either be the objective or they can be a means to an end . Additionally, a violent crime may or may not involve the use of a weapon. A person can murder another human being with their bare hands or in a more insidious way, such as poison. They do not have to use a firearm or knife to commit such a heinous crime. Violent crimes are prosecuted as felonies, which means that a conviction can involve years in a state prison.

Full Article

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , , , ,
Posted in Criminal Defense

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.

Full Article

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , , , , , , , , ,
Posted in Criminal Defense

Mar
9

Child Neglect

by Criminal Defense in Miami

Child neglect is a serious form of child abuse. Though an individual may not intend to be neglectful toward a child, simple actions or inaction may be considered forms of neglect. Since child neglect can have serious emotional and physical effects on a child, it is important to know what constitutes neglect. Usually, neglect takes one of four forms. These forms of neglect are:Emotional neglect, such as the failure to attend to a child in emotional distress or permissive attitudes toward juvenile drug and alcohol use. Educational neglect by failure to enroll a child in an appropriate school or to provide suitable in-home education. Physical neglect involving the denial of adequate food, shelter, or attention that is essential to a child’s health. Medical neglect, such as the failure to seek medical treatment when a child is injured or ill.

Full Article

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , , , , , , , , ,
Posted in Criminal Defense

Mar
9

Battery Charges

by Criminal Defense in Miami

Battery is an intentional unpermitted act which causes harm or, it is offensive contact from one person towards another person’s body. People are supposed to have the right to have their body left alone by others, when another person violates this inherent right by touching them or striking them in an unpleasant manner, they can be charged with battery. Battery is one of those crimes that are both a tort and a crime at the same time; the main element being, harmful or offensive physical contact. The main difference between the two is how they are penalized. In a civil liability case, the defendant can be ordered to pay the plaintiff damages, whereas the criminal punishment for criminal battery typically consists of fines, imprisonment or both. In order for the prosecution to convict the defendant it must be proven that an act was committed by the defendant. They also have to prove that the intention of the act was to cause harmful or offensive contact against the victim. Therefore, if the defendant lacked intent and harmed the victim entirely by accident or mistake, the prosecution may not have a case for battery charges. Rude and offensive behavior can lead to battery charges, even if the defendant merely threw a drink in the victim’s face, or if they knocked a hat off their head. These days, any type of offensive behavior can result in criminal penalties. It is not necessary for the victim to have a bruise, or scratch after the altercation. As long as the rude, offensive or unwanted contact took place, it is enough for battery charges to be charged against the individual.

Full Article

For More Information Visit: http://criminallawyerinmiamiflorida.com

  • Share/Bookmark

Tags: , , , , , , , , , , , , , , , ,
Posted in Criminal Defense

« Older Entries