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.
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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
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.
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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
From a very young age, almost all people have a concept of what it means to steal something. As children, most of us are chastised at some point for wrongfully taking something that is not ours. Because of this, the term theft rarely needs much explaining when it is used in everyday conversation or in terms of a criminal charge against an individual. Still, the details of a theft charge can become a little more confusing when the illegal act’s various possible classifications come into question. Many states draw a distinction between petty theft and grand theft. Petty theft deals with smaller amount of money or less valuable goods and is generally considered a misdemeanor. Grand theft involves more valuable goods or larger amounts of money and can result in either felony or misdemeanor charges, depending on the state and case. Shoplifting is one of the most common theft related crimes that courts see in the United States and is defined by the illegal taking of goods from a retail store or establishment. There are generally no specialized charges for shoplifting, and the crime will be charged as theft. Sentencing will depend on the value of goods stolen. Common shoplifting techniques include distraction, barcode switching, and “grab and run,” though shoplifters employ a wide variety of ploys in hopes of remaining uncaught. Fraud is defined as deception for personal gain. When the gain is in the form of property or monetary assets, fraud is theft. Identity theft, forgery and, bait and switch schemes are all types of fraud. Embezzlement is a specific type of fraud which involves an individual or group dishonestly taking assets with which they have been trusted.
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Tags: Criminal Defense Lawyer, Defense Lawyer, Federal Crimes, Felony Crimes, Grand Theft, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses, Petty Theft, theft
Posted in Criminal Defense
by Criminal Defense in Miami
As children, most people are taught the difference between right and wrong, and are raised as children to obey the laws and rules set by society and the local, state, and federal governments. Although most individuals carry these lessons into adulthood and are able to follow the letter of the law, there are many instances where an individual in society will break a rule, whether minor or major.Minor offenses like speeding, moving violations, and failure to yield the right-of-way are considered to be civil infractions, and typically result in traffic tickets and fines only. The individual may face suspension of his or her driver’s license if he or she is found to have repeatedly broken the law or failed to comply with fines or court orders, but such infractions rarely include jail time.
Other traffic fines like failure to carry automobile insurance, driving on a suspended license, and other charges may be considered to be criminal charges and can fit under the category of misdemeanor. Other misdemeanors include driving with an open container, incidental assault charges, and other criminal infractions that are not considered to be of the felony level. Finally, felony charges may include theft, burglary, assault, robbery, auto theft, battery, and other serious crimes. Felony charges often entail heavy fines and may include incarceration and criminal rehabilitation. If a person is charged with a felony, he or she may be forced to surrender their livelihood and follow the orders of the court.
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Tags: Assault, Burglary, Criminal Defense Lawyer, dui, Jonathan, Jonathan Blecher, Miami, Miami Criminal Defense Lawyer, rape, Sex Crimes, Suspended License, theft, Traffic Tickets
Posted in Criminal Defense
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.
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Tags: Felony Crimes, Felony Violent Crimes, Misdemeanor Crimes, Misdemeanor Vs Felony Offenses, Murder, Offenses, Petty Theft, Public Intoxication, theft
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, each category is prosecuted as a felony offense.
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Tags: Domestic Violence, Felon, Felony Crimes, Home Invasion, Home Invasion Robbery, Robbery with a Deadly Weapon, Robbery with a Firearm, theft, Theft Crime, Violence
Posted in Criminal Defense
by Criminal Defense in Miami
A theft offense, including buying or receiving stolen property, or a burglary offense.The word theft includes larceny, embezzlement or stealing. The offense of theft is classified into: grand theft , subject to certain exceptions, and petty theft, which is theft in other cases . Buying or receiving stolen property, knowing the property to be stolen or obtained, is classified as a theft offense. Burglary is defined as entering any house, room, apartment, shop, warehouse, store or other building, with intent to commit grand larceny or any felony. There are multiple degrees of theft: grand theft and petty theft. Grand theft is punishable by imprisonment in a county jail not exceeding a year or in the state prison.
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Tags: Buying Property, Grand Theft, Larceny, Petty Theft, Property, Selling Property, Stolen Propert, theft, Theft Offenses
Posted in Criminal Defense
by Criminal Defense in Miami
A theft offense, including buying or receiving stolen property, or a burglary offense, has criminal and immigration consequences . The word theft includes larceny, embezzlement or stealing. The offense of theft is classified into: grand theft, when the money, labor, or real or personal property taken is of a value exceeding to a certain extent, subject to certain exceptions, and petty theft, which is theft in other cases. Buying or receiving stolen property, knowing the property to be stolen or obtained, is classified as a theft offense. Burglary is defined as entering any house, room, apartment, shop, warehouse, store or other building, with intent to commit grand or larceny or any felony.
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Tags: Criminal Defense Lawyer, Defense Lawyer, Federal Crimes, Felony Crimes, Jonathan, Jonathan Blecher, Justice, Larceny, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses, Stealing, Stolen Property, theft
Posted in Criminal Defense
by Criminal Defense in Miami
Misdemeanor is a petty criminal act as compared to a felony. Hence, the punishments charged on misdemeanor are less severe in comparison to felonies. Most of these crimes are charged with a fine or a short term in jail. The maximum punishment for such crimes is a jail term of a year. Here are some examples of common misdemeanor crimes: petty theft, prostitution, simple assault, public intoxication, incorrect conduct, trespassing, vandalism and other similar simple crimes.If a person is charged with a misdemeanor then he might have to face the following consequences: difficulty in obtaining a professional license, trouble in getting public employment, probation or part time imprisonment, and might also have to serve the community as a part of a community service program on a weekly basis. A person who is convicted with misdemeanor crime does not lose his civil rights. He retains the right to erase or expunge his criminal conviction. Though, the possibilities on the types of expungement are very limited. At present, there are only a couple of charges that can be erased.
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Tags: Criminal Law, expungement, law, Laws, Misdemeanor Crimes, Part Time Imprisonment, Petty Theft, theft, Trespassing, Vandalism
Posted in Criminal Defense
by Criminal Defense in Miami
Many people use the terms robbery and burglary interchangeably. Many of us don’t realize that these are in fact, these are very different types of crimes.
Robbery is defined by the taking of something of value from another, intending to keep it, while using intimidation, force or threats. This is established by the manner the theft is committed. The perpetrator must have a specific intent to keep the item in question and have used force, intimidation or threats to achieve the goal. Because the need to prove intimidation, threats or force was used, for a theft to be considered robbery – it must take place in the presence of the ‘other’ person while using force or intimidation.
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Tags: Burglary, Force, Intimidation, Jonathan Blecher, Miami, Miami Criminal Defense Lawyer, Robbery, Robbery vs Burglary, theft, Threats
Posted in Criminal Defense
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