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The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed, as well as the circumstances of each case.

Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender’s criminal history. Individuals who are first time-offenders may receive more leniency, while those who have an extensive criminal record or repeated instances of violent conduct may receive stiffer penalties. Without a doubt, should the severity of the assault or battery case rise to the level of an aggravated assault / battery, potential penalties would rise dramatically, because aggravated assault constitutes a felony in all states

In many jurisdictions, assaults and batteries can carry enhanced penalties for certain classes of victims. For example, many states create a more serious offense or increase the punishment for an assault or battery that is committed on a police officer or other type of public servant such as a paramedic, firefighter, teacher, etc. Similarly, laws may carry harsher penalties for assaults or batteries committed against family members or others living with the offender, or such crimes may be prosecuted under domestic abuse or violence laws.

Additionally, states often create different levels or degrees of severity for assault / battery offenses, each with its own range of sentencing. Because sentencing laws vary widely depending on the statutes, the facts of a given case, as well as a variety of other factors, individuals seeking specific information on assault and battery penalties may be best served by contacting a local 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.

article from criminal law

The truth is, no matter how smart or well educated you are, the criminal justice system makes it virtually impossible to do a competent job of representing yourself. Each criminal case is unique, and only a specialist who is experienced in assessing the particulars of a case—and in dealing with the many variables that come up in every case—can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

• Negotiate “deals” with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
• Formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system.
• Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people.
• Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor’s offered plea bargain.
• Are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state statutes and constitutions. For example, understanding what may constitute an unreasonable search and seizure often requires familiarity with a vast array of state and federal appellate court opinions.
• Are familiar with local court customs and procedures that are not written down anywhere. For example, a defense lawyer may know which prosecutor has the real authority to settle a case and what kinds of arguments are likely to appeal to that prosecutor.
• Understand the possible hidden costs of pleading guilty that a self-repre­sented person might never think about.
• Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
• Gather information from prosecution witnesses. Witnesses often fear people accused of crimes and therefore refuse to speak to people representing themselves. Witnesses are more likely to talk to defense attorneys or their investigators.
• Hire and manage investigators. Investigators may be able to believably impeach (contradict) prosecution witnesses who embellish their stories at trial. By contrast, it is far less effective for a defendant to testify that “the prosecution witness told me something different before trial.”

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.

article from  admin

DUI, minor in possession of alcohol, open container and public intoxication – are directly referred to as alcohol-related crimes. Driving under the influence of alcohol or other impairing drugs is a crime in all 50 states and the District of Columbia. Whether your state calls it “driving under the influence (DUI),” “driving while intoxicated (DWI),” or some other name, it is a charge that is taken very seriously and punished accordingly. The National Highway Traffic Safety Administration (NHTSA) estimates that roughly 40 percent of all U.S. traffic deaths are alcohol-related to some degree

An arrest for a DUI is a serious offense and should never be taken lightly. Charges for driving under the influence of alcohol or drugs carry very stiff penalties such as large fines, loss of driver’s license, and in some instances jail time.

States and police departments are tightening up their laws concerning DUI charges. It wasn’t long ago that people charged with a DUI often only received minor fines and penalties. Since more people are becoming aware of the seriousness of drinking and driving, legislation has been put into place to dramatically increase the penalties associated with these types of crimes.

Anyway you cut it; it is against the law to drive with a blood alcohol concentration, or BAC, at or beyond a level of 0.08 percent.

There are a number of consequences you will face after being arrested for driving under the influence. First, you will have your driver’s license suspended. You’ll also be required to pay for the cost of a criminal trial, including attorney fees and a very high fine if found guilty. These vary depending on the state you were arrested in and your BAC level, but they average anywhere from $800.00 to an overwhelming $10,000. Depending on the seriousness of the charges, you can receive a long prison sentence.

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.

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Criminal Law

For most people, familiarity with criminal law comes in fragments — from movies, television, and books. But when we become personally involved in the criminal law system, real-life issues come into focus and the need for information and assistance can arise quickly What we call criminal law broadly refers to federal and state laws that make certain behavior illegal and punishable by imprisonment and/or fines. Our legal system is largely comprised of two different types of cases: civil and criminal. Civil cases are disputes between people regarding the legal duties and responsibilities they owe each other. Criminal cases, meanwhile, are charges pursued by prosecutors for violations of criminal statutes.

Criminal Defense Lawyers

A qualified criminal defense attorney is often a crucial advocate for anyone charged with a crime. These attorneys are very familiar with local criminal procedures and laws – some may have even first worked as prosecutors. Most defense lawyers should be able to handle any misdemeanor or low-level crime. But not all lawyers are qualified to handle serious charges. Some courts don’t allow inexperienced attorneys to represent defendants facing capital punishment.

So whether you were arrested for a crime against a person (like assault and battery, rape, or murder), a crime against property (like shoplifting, burglary, or arson), or a drug crime (marijuana possession or cocaine dealing), a criminal defense lawyer can help.

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.

article from Find Law

Robbery: Definition and Background

Many states define robbery as theft/larceny of property or money through the offender’s use of physical force or fear against a victim. Where a deadly weapon such as a gun is used or the victim suffers injury, the robbery may be charged as “armed” or “aggravated.” Unlike burglary, the crime of robbery almost always requires the presence of a victim who suffers actual injury, or is threatened with harm.

For example, Dan approaches Victor from behind, demanding Victor’s wallet while pressing a hard object into his back. Fearing that Dan has a gun, Victor gives up his wallet. If Dan did use a gun, or if Victor suffered an injury, the charge would likely be elevated to “armed” or “aggravated” robbery.

United States law regarding robbery has its roots in the common law that we inherited from the English legal system. While most states have codified their robbery laws in their penal codes, in the absence of such a statute the common law definition would still apply.

The Elements of Robbery

The penal codes of each state define robbery in different ways, but the definitions contain the same basic elements. Robbery generally consists of:

• The taking, with the intent to steal, of;
• the personal property of another;
• from his or her person or in their presence;
• against his or her will;
• by violence, intimidation or the threat of force.

Essentially, robbery is theft accomplished by violence or the threat of violence. Since this element of force sits at the core of robbery, a vital question in a robbery prosecution concerns the timing of the violence. If, for example, the violence only occurs as the robber attempts to escape from the discovered scene of a theft, the charges brought might include larceny and resisting arrest, but not necessarily robbery.

The use or threat of force can also be slight, and the amount required to turn a theft into a robbery depends on the parties involved and the situation. If a small amount of violence or intimidation is enough to force the victim to turn over their property based on the natures of the victim and the assailant (if, say, the assailant is large and powerful and the victim is slight and elderly), then a robbery has occurred.

While the thief doesn’t have to use very much force in order to commit a robbery, a certain amount is still required. Purse snatching, for instance, require some resistance by the victim before the theft rises to the level of a robbery. If the robber can remove the purse without any force in excess of what is required to simply take the purse off the victims person, then a jury may determine that no robbery has taken place.

State Laws on Robbery: Degrees of Severity

States commonly separate robbery into different degrees based on the severity of the crime. Normal robbery is usually a second degree felony in most states, but can become a first degree felony if the robber uses a dangerous weapon or attempts to kill anyone or inflicts or attempts to inflict serious bodily injury. Some states designate this latter type of robbery as aggravated robbery.

Robbery is a state crime for the most part, but certain types of robberies fall under federal jurisdiction. The first kind of federal robbery is a bank robbery. Any robbery or attempted robbery of a bank, credit union or savings and loan institution constitutes a federal crime.

The federal government also has jurisdiction over robberies that affect articles in the stream of interstate commerce. The most common example of this is the hijacking of a truck full of goods being shipped from one state to another.

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.

article by admin

What is the legal limit for blood toxicity?

In general, it is illegal for you to drive while you are “impaired” by drugs or alcohol. It should be clear at the outset that prescription drugs are not excluded from this list. Being impaired means that there must be enough of the alcohol or drug in your system to prevent you from thinking clearly and driving safely while on the road. According to many studies, impairment happens to many people well before they consider themselves drunk or stoned.

As for the numbers if you have a blood alcohol content of .08% or higher, that is considered “per se” Driving Under the Influence (DUI), or Driving While Intoxicated (DWI). For those under the legal drinking age of 21, in almost all states you will be considered to be driving under the influence if you have a blood alcohol content great than .01% or .02%, depending on the state you are in.

What methods do police use for detecting drivers under the influence?

In general, police have three different methods of figuring out whether or not a driver is under the influence:

• Observing erratic driving. In general, police officers will pull you over if they notice that you are showing any of the signs of driving under the influence. These signs include swerving, speeding, driving too slowly, failing to stop, failing to yield, and any other indications that signal to the officer that you are driving drunk. In general, if you actually have a good reason for driving the way you were driving, the officer may let you go with only a ticket or a warning. However, officers will be looking to see if your eyes are blurred or if they smell alcohol on your breath.
•  Field Sobriety Tests. If, after stopping you, the police officer has a hunch that you may be driving under the influence, he will most likely get you out of the car in order to do some field sobriety tests. These tests can include walking in a straight line, standing on one leg, or a speech test. The officer will also carefully watch your eyes to look for any pupil dilation. If you fail these tests, the officer will likely ask you to take a chemical test.
•  Chemical Blood Alcohol Level Tests. If you fail a field sobriety test, the police officer will likely take you in to perform a more accurate blood alcohol level test. These tests are normally taken by testing a blood, urine or breath sample. The blood test is very direct and measures the amount of alcohol in your system. The urine and breath tests work off of a mathematical formula to derive your blood alcohol level from the sample. If you test above a .08% blood alcohol level, you will be guilty of a DUI unless you can convince the judge that you were not impaired or being unsafe. Also, many attorneys base their drunk driving defense on challenging the mathematical formula used in the tests.
• Do I have to take a test if the police direct me to do so?  In general, you are allowed to refuse to take a chemical blood alcohol level test, but if you do, you will invoke an “implied consent” law. This will likely result in a suspension of your driver’s license for a period of time, even if you are found not guilty in court. In addition, if your case does go to trial, the prosecutor is free to tell the jury that you refused to take a chemical test, which may look bad for your drunk driving defense.
• Can the police ask me questions after pulling me over but before reading me my rights? It all depends on the circumstances and whether or not you are in the “custody” of the police. During a roadside traffic stop, you are not considered to be in police custody, and therefore the police can ask you questions without reading you your Miranda warning. Once you are in police custody, however, they must read you your rights before asking you any questions. If they don’t, any answers you give may be inadmissible against you in court. To be in custody, you must feel that you are not free to leave a situation.
• Should I get a lawyer if I have been charged with drunk driving? If you are determined to put forth a great drunk driving defense, then it would be very wise to hire a drunk driving attorney.  Attorneys  that are very skilled at challenging medical experts and scientists are in order to put a great defense up for you. It has become very hard to successfully fight a drunk driving charge these days, however. If the police have some evidence against you in the form of a failed chemical test, you have a tough fight in front of you.
• I was stopped at a roadblock and asked to wait to answer some questions. Was this legal?  If the police used some sort of neutral policy for picking out which cars to stop, then it was legal. Police are allowed to single out automobiles at roadblocks if they have a good reason to do so, such as a suspicion that you are driving under the influence.

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.

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First Offense

The penalty for the first offense of driving without a license can vary from state to state. Depending on the law, you may be ticketed and required to appear before a judge. The fine and penalty can be determined based on the judge’s discretion and according to the law. In most cases, the judge will give you a time limit to obtain your driver’s license and show proof of it by your next court date. Some states are harsher than others when it comes to the first offense. If you are pulled over by the police and caught operating a motor vehicle without proper licensing, you can be immediately taken to jail and and your vehicle impounded.

Repeat Offenses

Continuing to drive without a license after the first offense will result in harsher penalties and sentencing. In many instances, your driver’s license will be suspended or revoked. What this means is that when you do decide to go and get a driver’s license, it will already be invalid because of your prior offenses. Some judges may put a time restraint on when you are not allowed to drive. For instance, you can be prohibited from operating a vehicle for 12 months even after you went to get your driver’s license. A revoked license is more permanent than a suspended one.

Other Penalties

Driving without a driver’s license can result in many years of financial burden. Not only are there costly tickets and fines given by the judicial system, but you may also be required to hire a lawyer. A suspended license can be unsuspended once conditions have been met. Suspended licenses are tied to money or time limits. Once the money is paid or the time limit has expired, you can get a new license. There are costs associated with getting a new license. If the license was revoked, you will have to appeal to the court to get it back. Many people aren’t knowledgeable enough to do this without legal representation and you would be better prepared in talking to an 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.

article by admin

• The vast majority of criminal cases are resolved through a “plea bargain”, usually well before the case reaches trial. In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence, and/or so that certain related charges are dismissed. For both the government and the defendant, the decision to enter into (or not enter into) a plea bargain may be based on the seriousness of the alleged crime, the strength of the evidence in the case, and the prospects of a guilty verdict at trial.

• Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails. What Kind Of Plea Bargain Might Be Made? To illustrate how a “plea bargain” might be reached in a criminal case:

 Suppose Dan is arrested and charged with two counts of aggravated assault/battery, based on his alleged use of a baseball bat in a street fight. A “plea bargain” might be reached in Dan’s case in one of three ways.

1) The prosecuting attorney handling the case approaches Dan and his attorney, and offers to allow Dan to plead guilty to a less serious charge, such as simple assault/battery or even disorderly conduct;

2) Dan agrees to plead guilty to one charge or “count” of aggravated assault/battery, in exchange for dismissal of the second count;

3) The government’s evidence against Dan is so strong, and the injuries suffered by the assault victim so serious, that Dan agrees to plead guilty to the original charge of aggravated assault/battery, in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.

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.

1) The prosecuting attorney handling the case approaches Dan and his attorney, and offers to allow Dan to plead guilty to a less serious charge, such as simple assault/battery or even disorderly conduct;

2)) Dan agrees to plead guilty to one charge or “count” of aggravated assault/battery, in exchange for dismissal of the second count;

3) The government’s evidence against Dan is so strong, and the injuries suffered by the assault victim so serious, that Dan agrees to plead guilty to the original charge of aggravated assault/battery, in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.

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.