Info Center Florida Crimes

Florida Criminal Code Sections

The following are the different categories of crimes and the individual charges therein. I have given a brief description of each category with information that is specific to that category. The list, while lengthy, does not contain every crime and the comments are added for your information but do not contain every issue of concern.

Contact R. Lane Lastinger at 727.565.1259 to schedule a free initial consultation to learn about building a strong defense in your case.

Homicide
Battery and Assault
Sex Offenses
Prostitution
Kidnapping
Weapons Offenses
Arson and Criminal Mischief
Burglary and Trespass
Theft and Dealing in Stolen Property
Robbery
Child Abuse
Forgery and Worthless Checks
Perjury
Fraud
Obstruction of Justice
Gambling
Obscenity
Drug Abuse
Racketeering
Escape
Traffic Crimes
Miscellaneous Crimes
Inchoate Crimes
Traffic Infractions
Minimum Mandatory Sentences
Enhancements

Homicide:

• Death Penalty Case
• First Degree Murder-Premeditation
• Felony Murder-First Degree
• Second Degree Murder
• Felony Murder Second Degree
• Felony Murder Third Degree
• Manslaughter
• DUI Manslaughter
• Vehicular Homicide

Homicide is generally the killing of another human being. The various degrees range from first degree premeditated murder or killing after consciously deciding to do so, to manslaughter where the killing is the result of culpable negligence. A person may be guilty of vehicular homicide if the reckless operation of a vehicle results in death even though there was no intent to cause death or harm to the victim.

Defenses: Justifiable Homicide: Generally self defense. Use of deadly force is lawful if necessarily done while resisting another's attempt to murder or commit a felony upon you, or to commit a felony in any dwelling house in which you lawfully are at the time of the killing.

Excusable Homicide: A killing that occurs by accident and misfortune: 1) In doing any lawful act by lawful means with usual ordinary caution and without unlawful intent, or 2) In the heat of passion, upon any sudden and sufficient provocation, or 3) Resulting form sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.

Battery and Assault:

• Aggravated Battery
• Aggravated Battery on a Pregnant Woman
• Felony Battery
• Battery on a Law Enforcement Officer
• Battery on a Facility or School Employee
• Aggravated Assault
• Simple Battery
• Simple Assault

Battery is intentionally touching someone against their will or intentionally causing bodily harm to another. Assault is an intentional and unlawful threat, by word or act, while having the apparent ability to carry out the threat, and the threat causes a well founded threat upon the victim. Both are aggravated by the use of a firearm or other deadly weapon. Battery can also be enhanced to a felony due to prior criminal history, the resulting injury to the victim, or the nature of the victim (i.e. law enforcement officer, pregnant women, elderly, disabled adults). Minimum mandatory sentences are mandated certain batteries or assaults involving law enforcement officers, firefighters, emergency medical care providers and for an aggravated battery or assault on a person 65 years of age or older.

Defenses: Generally self defense. The force used must not reasonably exceed that which is necessary to protect yourself. You cannot claim self defense is the force used was excessive, you initially provoked the use of force against yourself (you can't start a fight to finish it), or if you were attempting to commit, committing, or escaping after the commission of a forcible felony.

Sex Offenses:

• Sexual Battery - Victim Under 12 Years of Age
• Sexual Battery - Victim Over 12 - Great Force
• Sexual Battery
• Solicitation of a Child - Familial or Custodial Authority
• Unlawful Sexual Conduct with a Certain Minors
• Committing Unnatural and Lascivious Act
• Lewd, Lascivious Act Upon or in the Presence of a Child
• Lewd and Lascivious Behavior
• Child Abuse

Sex abuse cases tend to focus on the age of the victim and the nature of the contact or exposure. Consent is generally not an issue when minors are involved. It is illegal for an adult 24 years of age or older to engage in sexual conduct with a minor under the age of 18. Note that a conviction a sex offense will result in a designation as a sexual offender or predator.

Defenses: Contact did not occur or was not sexual (accidental, bathing, medical examination). Consent is a defense to sexual battery alleged between to adults. The promiscuity of the victim is generally inadmissable.

Prostitution:

• Prostitution
• Solicitation
• Maintaining a House of Prostitution

Kidnapping:

• Kidnapping
• False Imprisonment

This category of crime involved illegally detaining, confining, imprisoning or restraining another.

Weapons Offenses:

• Carrying a Concealed Weapon
• Possession without a License
• Felon in Possession
• Improper Exhibition
• Discharging Firearms in Public
• Throwing, Making, Placing or Discharging of any Destructive Device
• Threat to Make, Place, or Discharge any Destructive Device
• False Reports of Bombing
• Throwing a Deadly Missile
• Shooting into an Occupied or Unoccupied Vehicle, Structure or Dwelling
• Use of a BB gun by a person under the age of 16

Weapons offenses are now some of the most serious crimes on the books. This is particularly after the enactment of the 10-20-Life statute. This statute requires minimum mandatory prison sentences upon conviction. This means that you do 100% of your time with now eligibility for good or gain time. Only the Office of the State Attorney can waive the minimum mandatory requirements. The only possible judicial departure is for a youth offender. 10-20-Life requires actual possession of a firearm. Generally speaking the minimum mandatories are as follows:

3 Years: For actual possession of firearm or destructive device during the commission of an aggravated assault, felon in possession of a firearm or burglary of a conveyance.

10 Years: For actual possession of a firearm or destructive device during the commission or attempted commission a murder; sexual battery; robbery; burglary; arson; aggravated battery; kidnapping; escape; aircraft piracy; aggravated child abuse; aggravated abuse of an elderly person or disabled adult; unlawful throwing, placing, or discharging of a destructive device or a bomb; carjacking; home-invasion robbery; aggravated stalking; trafficking.

20 Years: For discharging a firearm or destructive device in the course of committing these felonies.

25 Years : For a discharge that results in death or great bodily harm. to Life

Arson and Criminal Mischief:

• Arson-First Degree
• Arson-Second Degree
• Arson-Third Degree
• Criminal Mischief
• Burning to Defraud and Insurer

Burglary and Trespass:

• Burglary of a Dwelling, Structure or Conveyance (Occupied or Unoccupied)
• Possession of Burglary Tools
• Trespass in Structure or Conveyance
• Trespass on School Property
• Trespass on a Construction Site

Burglary and trespass both involve entering a property, conveyance, structure or dwelling without invitation and that is not open to the public. Burglary occurs when the intention to commit a crime is formed before or after entering. A burglary does not need to involve a theft. Residential burglaries are very serious and score prison time even without any prior criminal history.

• Defense: Invitation
  • Property open to the Public
  • Did not enter

Theft and Dealing in Stolen Property:

• Felony Theft
• Felony Petit Theft
• Petit Theft
• Retail Theft
• Larceny of Cable Services
• Dealing in Stolen Property (Fencing and Organizing)

Theft crimes are typically enhanced due to prior theft convictions and the value of the property taken. Identity theft is extremely serious and carries minimum mandatory prison sentences. The temporary taking of property qualifies as theft so do not borrow without permission.

• Defenses: The taking must be intentional.
  • Permission

Robbery:

• Robbery
• Carjacking
• Home-Invasion Robbery

Robbery is the taking of property by threat or force.

Child Abuse:

• Aggravated Child Abuse
• Child Abuse
• Contributing to Child Delinquency or to Child Dependency or to Child in Need of Services
• Neglect of a Child

Forgery and Worthless Checks:

• Forgery
• Forgery-Uttering
• Worthless Checks
• Worthless Checks- Obtaining Property
• Stopping Payment on a Check

A worthless check charge must be intentional. Bouncing a check does not count. Typically the state will not file this charge unless collection efforts have failed.

Perjury:

• Perjury-Official Proceeding
• Perjury-Not an Official Proceeding
• Perjury by Contradictory Statements

Bribery:

• Bribery of a Public Servant
• Bribery by a Public Servant
• Unlawful Compensation or Reward of a Public Servant
• Unlawful Compensation or Reward by a Public Servant

Fraud:

• Obtaining a Controlled Substance by Fraud
• Prescription Fraud
• Welfare Fraud
• Fraudulent use of a Credit Card
• Scheme to Defraud

Obstruction of Justice:

• Resisting an Officer with Violence
• Resisting an Officer without Violence
• Obstruction by Disguise
• Obstruction
• Filing a False Police Report

Obstruction typically involves fleeing or given false information during an investigation. A key issue in every obstruction case is did the police have the right to stop the defendant and investigate.

Gambling:

• Gambling
• Maintaining a Gambling Establishment
• Permitting Gambling
• Renting Space for Gambling
• Setting Up, Promoting, or Conducting a Lottery
• Disposing of Money or Property by Lottery
• Conducting a Lottery Drawing
• Assisting in Lottery
• Selling Lottery Tickets
• Possessing a Lottery Ticket
• Possessing Rundown Sheets, etc.
• Betting
• Bookmaking

Obscenity:

• Possession of Obscene Material with Intent to Sell
• Designing or Copying Obscene Material
• Advertising Obscene Material
• Hiring Persons to Sell, Possess, Design or Advertise Obscene Material
• Promoting or Performing Obscene Material
• Exposing Minors to Harmful Movies or Pictures

Drug Abuse:

• Sale of Counterfeit Drugs
• Possession of Drugs
• Possession with the Intent to Sell
• Sale, Purchase, Manufacture or Delivery of Drugs
• Sale to A Minor
• Sale within 1000 feet of a School
• Sale within 1000 feet of a Church
• Trafficking in Cannabis (Marijuana): Excess of 50 pounds
• Trafficking in Cocaine: Excess of 28 grams
• Trafficking in Illegal Drugs/Controlled Substances: Excess of 4 grams
• Paraphernalia
• Introduction of Contraband

Drug crimes are generally enhanced due to quantity, type of drug and action taken with the drug. Possession is the simplest drug crime and most frequently charged. Always at issue in drug cases is how were the drugs found? Was the possession actual or constructive possession? Just because you are in a car or house with drugs in it does not necessarily mean that you possess them.

Proof of the sale of drugs can either be direct or it can be inferred through packaging or actions. Direct = Buy by an undercover officer or confidential informant. Inferred = I possess marijuana that is individually packaged in small zip lock bags. The later is referred to as possession with the intent to sell.

Trafficking is the most serious of the drug charges. It is completely drive by the quantity of the drugs possessed. THE STATE DOES NEED PROVE THAT YOU SOLD OR INTENDED TO SELL DRUGS TO CONVICT YOU OF TRAFFICKING. Trafficking carries significant (3 years to life) minimum mandatory prison sentences and a minimum fine of $50,000.00. The minimal quantities to qualify for trafficking are listed above. Note that minimal quantities of prescription drugs will qualify for trafficking. These minimum mandatory sentences can only be waived by the State absent a youthful offender departure. In cases of substantial assistance (helping set up the supplier) or proof that the possession is entirely due to addiction, the State may consider waving the minimum mandatories.

See www.cannabisculture.com/articles/4873.html for the tragic story of Richard Peay and his trafficking nightmare. His appeal was just denied.

Racketeering:

• RICO

This is used to typically prosecute large scale organized or gang crime.

Escape:

• Escape
• Escape from a Juvenile Detention Facility

Traffic Crimes:

• DUI or Driving While Under the Influence
• Felony DUI - Prior Convictions
• Felony DUI - Serious Bodily Injury
• Leaving the Scene of an Accident involving Death or Injury
• Leaving the Scene of an Accident Involving Property Damage
• Reckless Driving
• Aggravated Fleeing to Elude a Law Enforcement Officer
• Fleeing and Eluding a Law Enforcement Officer
• Racing
• Driving While License Suspended or Revoked - Habitual Suspension
• Driving While License Suspended or Revoked - Felony -Priors
• Driving While License Suspended or Revoked - Misdemeanor - With Knowledge
• No Valid Driver's License

Miscellaneous Crimes:

• Disorderly Intoxication
• Disorderly Conduct
• Possession of Alcohol by a Minor
• Sale of Alcohol to a Minor
• Loitering and Prowling
• Cruelty to Animals

Inchoate Crimes:

• Attempt
• Solicitation
• Conspiracy

Traffic Infractions:

• Speeding
• Careless Driving
• Failure to Yield
• Failure to Maintain a Single Lane
• Failure to Obey a Traffic Control Device
• Improper Lane Change

Minimum Mandatory Sentences:

The following is a list of crimes that carry minimum mandatory sentences:

• -Capital Felonies - Life
• -Conviction as a Prison Releasee Re-offender - Statutory Maximum
• -Conviction as a Dangerous Sexual Felony Offender - 25 years to Life
• -Felon in Possession of Firearm or Ammunition - 3 years
• -10-20-Life (Firearms or Destructive Devices) - 3 years to Life (See above discussion)
• -Drug Trafficking - 3 years to Life
• -Aggravated Assault of a Law Enforcement Officer, Firefighter or Emergency Care Provider - 3 years
• -Battery of a Law Enforcement Officer, Firefighter or Emergency Care Provider while in possession of a firearm - 3 years
• -Battery of a Law Enforcement Officer, Firefighter or Emergency Care Provider while in possession of a semi-automatic machine gun - 8 years
• -Aggravated Battery of a Law Enforcement Officer, Firefighter or Emergency Care Provider - 5 years
• -Aggravated Assault or Aggravated Battery on a Person 65 years of age or older - 3 years
• -Manufacturing or possessing chemicals to manufacture methamphetamine or phencyclidine in presence of minor 16 or under - 5 year - 10 years if minor injured
• -Aggravated Fleeing and Eluding - 3 years
• -Identity Theft- 10-19 Individuals- 3 years; 20-29 - 5 years; 30 or more - 10 years

Enhancements:

Amount of Money or Value of Property
Condition of Victim: Age, Mental Condition, Physical Condition, Law Enforcement

Prior History:

• PRR, HFO, HVFO, VCC, Habitual Driving Suspensions
• Firearms: 10-20-Life
• Deadly Weapons
• Hood, Mask or Other Device to Conceal Identity
• Gangs
• Domestic Violence in Front of Children
• Identity Theft

Other Issues to Discuss

• Minimum Mandatory
• Pre-Trial Intervention Program
• Bad Check Diversion Program
• Juvenile Court
• Drug Charges
• DUI
• Quoting a Fee
• My History and Background
• Violation Of Probations
• Scoresheets