In Florida, there is a difference between assault and battery – they are two separate and distinct crimes and you can be charged with either or both. An assault is where you threaten to do violence to someone and that threat puts that person in fear. … You do not have to actually hurt someone to be convicted of battery.

The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.

Is it pushing someone assault or battery?

It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.

1) Simple Assault occurs when an individual applies intentional force to another person without the other person’s consent
Attempting or threatening, by an act or gesture to apply force
Approaching or blocking the way of another person while openly wearing or carrying a weapon or an imitation of a weapon.

2)  When committing an assault, if the individual carries, uses, or threatens to use a weapon, or causes bodily harm the individual is guilty of assault causing bodily harm.

3) Aggravated assault is committed when a person wounds, maims, disfigures, or endangers the life of the victim.  Here there is intent to commit bodily harm.

SEXUAL ASSAULT

There are three levels of sexual assault.

1) Simple Sexual Assault involves forcing an individual to take part in any form of sexual activity without explicit consent.

2) Sexual Assault with a Weapon includes the use or threat of the use of a weapon or injury to a third party.

3) Aggravated Sexual Assault has occurred when the victim is seriously wounded, maimed, brutally beaten, or in danger of dying as a result of a sexual assault.

If the victim does not consent it is sexual assault; therefore, no intent has to be proven.
Notice there is no intent needed if the victim does not consent it is sexual assault.
Self-induced intoxication is not an excuse nor a defense.
Being married is not an excuse either.
The victim’s sexual history is irrelevant.
Children under the age of 14 cannot consent

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Under Florida law, Grand Theft is any intentional and unlawful taking of property valued at $300.00 or more. Grand theft is a felony offense, with penalties that may include prison, probation, fines, restitution, and a permanent criminal record.

If the value of the property stolen is more than $300 but less than $20,000.00, then the offense will be classified as a Grand Theft in the Third Degree. Under Florida law, Third Degree Felony grand theft is punishable by a maximum sentence of 5 years in Florida State Prison and a $5,000.00 fine.

Petty theft involves stealing small amounts of cash or goods, and is usually charged as a misdemeanor. Shoplifting is an example of petty theft. Automobile Theft: When someone takes another person’s vehicle it is known as automobile theft. Examples include carjacking and grand theft auto.

Grand theft is generally classified as a felony crime. Grand theft is also considered to be a “wobbler” meaning depending on the situation, the charge can be a misdemeanor or a felony.

Grand theft charges may be dropped if the defense proves several defenses. … In such cases, the charges may be reduced to less serious misdemeanor charges rather than felony grand theft. This can happen for instance if there are wrong calculations or market values involved when analyzing the property stolen.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

One of the most popular subjects at cocktail parties is blood alcohol level, and most people are misinformed on the subject.

Florida prohibits driving or being in actual physical control of a vehicle while: having a blood alcohol concentration (BAC) of . 08% or more, or. under the influence of alcohol, harmful chemical substances, or illegal controlled substances.

Your consequences are determined by your BAC.

1st Offense below .15 – probation up to 12 months, License revoked 6 months to one year, car impounded 10 days.

1st Offense above .15 – probation up to 12 months, License revoked 6 months to one year, car impounded 10 days, ignition interlock 6 months.

2nd Offense below .15 – probation up to 12 months, License revoked 5 years, mandatory 10 days in jail, car impounded 30 days, ignition interlock 1 year.

2nd Offense above .15 – probation up to 12 months, License revoked 5 years, mandatory 10 days in jail, car impounded 30 days, ignition interlock 12years.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

There has been a lot of publicity about people representing themselves in court. That is generally considered not to be a good idea. If you don’t have a lot of money, and might seem tempting. However, there are reasons why this might not be a good idea.

It’s a new world out there. It may be easier to purchase personal information on the dark web and do a little credit card theft than robbing a 7 Eleven. A day doesn’t go by that you don’t heard about a breach of some website or some new internet scam. It’s the new frontier.

Fraud is committed online in large numbers. Many innocent internet users use the internet to make purchases, or even apply for credit cards or jobs. Because of this, the internet has a large storage of credit card and banking information, social security numbers, and names and addresses. With this information, and just the right amount of knowledge with computers, some people are able to hack systems and access this information you may think is protected.

Outside of stealing information, online prostitution is just as popular. This allows men and women to stay in the comfort of their homes and again, remain just anonymous enough to get away with their criminal activities. There are websites created that allow individuals to solicit themselves in exchange for money, goods, or a service. People will code their work as a “massage” or even just as simple as a date, to stay below the radar as possible.

Online harassment, also known as cyber-bullying is very common. Because of its capabilities to make someone completely anonymous, people find the courage to say mean and threatening things to almost anyone, just because they can. Harassment online comes in the same form as it does in person, sexual included. These offenses are taken just as seriously and are punishable offenses.

Simply put, if it is illegal in person, chances are it is illegal online unless specifically created for online purposes. There are so many ways to rack up criminal charges through the internet, and even then there are criminal defenses that may be available to you should you be accused of such crimes. If you or someone you know has been accused of an internet offense, contact a criminal defense attorney.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Although restraining order is the more commonly used term, that is not the correct term. The correct term is “Injunction for Protection”. Refer Pinellas County website.

What is an Injunction for Protection?

An Injunction for Protection is a Civil Court Order (often referred to as a “restraining order” and herein referred to as “Injunction”) that places restrictions on an individual (referred to as the Respondent) who has allegedly committed acts or (in some cases) made threats of violence against another individual (referred to as the Petitioner). An Injunction is requested by the Petitioner who files a “Petition” with the Court asking for protection from the Respondent.

An Injunction may include provisions that: restrain the Respondent from further acts of violence; order the Respondent to leave a shared dwelling; prevent the Respondent from coming to your home, school or place of employment; and/or award temporary custody of minor children.

An Injunction should not be used as a tool to manipulate the Respondent or the Judicial System, gain access to property, or to settle issues of child custody or spousal support, but rather to protect you against a genuine and well-founded fear of continued violence or abuse.

Violence is defined by Florida Statute 784.046(1)(a) as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, by a person against another person.”

Violence does not include all offensive behavior. Trespassing, criminal mischief, threats, tampering with a witness and harassing phone calls are all criminal offenses which should be reported to law enforcement, but may not necessarily, alone, qualify for the issuance of an Injunction.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Do you associate with people that you suspect sometimes use drugs. Do you sometimes wonder if they are carrying drugs on their person when they ride in your car? Do you wonder what would happen if you are stopped for a routine traffic stop? Can you be charged for possession of drugs, even if you didn’t even know about them? The answer is yes.

But, more routinely it happens this way. The police stop a car, you are the passenger and drugs are found in the car and they are within your reach if you knew that they were there, so they might be in a center console or in a side pocket. They can charge you with joint possession because in Florida, you can possess something by having actual control or possession of it on your person or you can have constructive possession, which says that if you are in a place that has easy access to the contraband, you constructively possess it even though it is not actual possession.

Either possession counts the same under the law if you are convicted. But the police or the prosecutor has to prove that you knew that the drugs were there and that you knew that they were illegal. If it is not your car and even though you might be in a position to find it or grab it, it does not absolutely mean that you knew it was where it was, so that you would not necessarily be convicted of that joint constructive possession. I had a case one time where there was a car stopped with four people in it and the drugs were under the driver’s seat and my client was the passenger behind the driver, so they charged him with constructive possession and we argued to the jury that he was just getting a ride, it was not his car, he had no knowledge of it and there was no proof to suggest that he, in any way, had anything to do with the placing of the drugs there.

Being charged and being convicted are two separate things. So you can always get charged because that is the discretion or the whim of the police or the prosecutor but being convicted and being proved guilty beyond a reasonable doubt gives you a chance.

How Are Home Searches Handled In Court?

Our constitution holds our right to privacy dearly. We should be secure in our homes, the police have to get over a much higher hurdle when trying to conduct a home search. Most times they need a warrant that is signed by a judge and is based upon probable cause that shows verification of the claims that are made in the police officer’s affidavit. The exceptions to the warrant requirement for a home basically fall into two categories. There are more but these are the ones that are common. If the police are in hot pursuit of an individual they believe committed a crime and that person is able to elude them and run into a home, the police see that, the police are not required to just stop at the doorway when they are in hot pursuit.

It is one example of an exception. Another typical one is if they are in the vicinity of someone’s home and they observe a crime being committed in their presence that can also give rise to an exception to the warrant requirement. If they are walking by someone’s house and the windows are open and they see them smoking crack or see someone strike someone like the domestic violence thing, they are not required to turn their heads away and ignore it and run to a judge and ask for a warrant, they can act on that immediately. That is another typical exception to the warrant requirement of going into the home.

Can A Visitor Be Charged If Drugs Are Found In Someone Else’s House?

Yes, but the visitor in the home like the passenger car has no standing to complain about the search. It is the homeowner, car owner or whoever is in charge of the car right to complain about the search. So, the passenger or the visitor can rely upon the homeowner’s right to challenge it but they do not have an independent right to challenge it because it is not their home. Let us assume the officer goes into someone’s home on a valid warrant and they find drugs in the bathroom. Well, potentially everybody in the house could be charged with joint constructive possession because they all have access and if it is open and obvious sitting out that inference can be made as opposed to finding drugs in someone’s personal bedroom that they only use in their closet or in their drawer that would not lend itself to a joint possession.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

If you have been accused of theft, there are a lot of factors to consider. It is not always an open and shut situation like you might thing. There are rules of evidence and many things to consider.  There are always two sides to a story, and even if the person accusing you seems to have concrete evidence, know that when you are talking with a police officer anything you say can be used against you. Below, you will find out more information on the possible defenses of theft, but if you would like to speak with an attorney now about your case, please call a law office.

What is theft?

It is important to know what someone is accusing you of when they accuse you of theft. Legally, theft occurs when one person takes another person’s property without their permission with the intent of permanently taking that property away and never giving it back. Thus, when someone accuses you of theft, the two elements they will need to have in their claim are:
•You took their property.
•You intended to permanently deprive them of that property.

It is also important to note that the intent behind the theft is incredibly important. So, if you were in a shoe store and grabbed a pair of shoes, hid them, and intended on walking out the store with them but a security officer caught you before you left, it is still considered theft because of your intent to leave the store with them.

Possible Theft Defenses

When someone accuses you of theft, there are several possible defenses.
1.You Were Intoxicated. If someone is accusing you of theft and you were intoxicated at the time that this theft occurred, you can build a successful defense stating that you had no intent to steal an item and permanently deprive that person of the item. It could also be argued that when you were intoxicated you thought that item was yours. It is possible that this opens up a case for public intoxication, but you can still use it as a valid defense.
2.You Thought the Item Was Yours. This defense is not as simple as stating “I thought it was mine.” However, if you can provide valid evidence that you believed the item was yours, this may be a reasonable defense. For example, if you were at a restaurant and took a coat that was identical to one of yours, you may be able to prove that you believed it was yours through a receipt for the coat and pictures of you wearing it, among other evidence.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Do you ever drive through school zones or construction zones? If so, you better be aware of the new law. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much texting while driving is still allowed?

None. You cannot text while driving. You cannot email while driving. You cannot do anything that involves “manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication,” to quote the law. That includes not just texting, but also email, instant message, anything covered by the definition.

Can I text while stopped at a red light?

If you must. Per the law, “a motor vehicle that is stationary is not being operated and is not subject to the prohibition.” So, you can theoretically text at a stop light or while stuck in traffic. But if you try to finish that text as you start moving, you’re breaking the law.

Can I still use Google maps or other navigation apps?

Yes. The law includes exceptions for vehicle navigation, as well as data that is read by the vehicle, radio broadcasts and safety-related information such as weather and emergency alerts.

Can I still talk on the phone?

Yes — for the most part. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much is the fine for violating the law?

$30 and a point off your license the first time. $60 and three points if you’re caught again within five years.

Can police take my phone to check if I’ve been texting?

No. The law specifically prohibits police who pull drivers over for texting from taking their phones without a warrant. It also prevents police from holding onto a driver’s phone while waiting for a warrant. Additionally, it bans police from tricking or coercing drivers into handing over their phones. And police have to inform drivers that they can decline a search. As the law states, consent for a police officer to search a phone must be “voluntary and unequivocal.”

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Medical marijuana is legal now in Florida. Should police still be allowed to stop and search people based on the odor of marijuana when marijuana is not necessarily illegal depending on who has it?

In a recent case near Jacksonville, Florida, police officers stopped a vehicle at night for a headlight violation. They approached the vehicle and smelled burnt marijuana. They searched the vehicle and arrested the suspect for possession of cannabis. The criminal defense lawyer filed a motion to suppress the evidence of marijuana arguing that the police unlawfully searched the vehicle because the odor of marijuana does not necessarily indicate illegal activity.

The court rejected the criminal defense attorney’s argument for several reasons. At the time, marijuana flower was not yet legal. That has changed. More importantly, the odor of burnt marijuana might indicate the driver was smoking while driving which would be a sufficient indication of a crime to move forward. The court also noted that marijuana possession is still illegal under federal law, although local police officers obviously do not initiate federal criminal cases for possession of marijuana.  Finally, and this would seem to affect any case where the police officer claims to smell marijuana, the court held that the odor of marijuana is still sufficient probable cause to search regardless of the medical marijuana law. If there is a fair probability that someone is committing a crime, the police can investigate further. In this case, there is a fair probability that someone with marijuana is not a medical marijuana card holder.

The bottom line appears to be that the police can still use the odor of marijuana as a way to search people and property. When cannabis is fully legalized in Florida, possibly in 2020, this issue will be revisited. Our advice is to avoid driving if you or your car is going to smell like marijuana. Otherwise, if a police officer indicates he is going to search you or your property based on the odor of marijuana and you have a medical marijuana card, record the encounter and let the officer know as soon as possible. Disclosing your legal status to the police officer may be sufficient to eliminate the officer’s probable cause and any basis for a search.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.