April 17, 2020

What can happen if you get into a fight with another parent, umpire, or anyone else at your child’s sporting event?

Recently in Colorado, a viral video captured parents engaging in a brawl by choking, shoving, and throwing punches at each other. The viral video depicts an adult choking another, followed by several others rushing toward the fence where the initial conflict began. All of this occurred at an elementary school among 7-year-old children participating in a youth baseball game. The fights are alleged to stem from a call made by the umpire who is only 13 years of age. This brawl resulted in several injuries, citations for disorderly conduct and fighting in public, and ongoing investigations for several parents involved.

In Florida, a brawl of this nature is likely to lead to battery charges. Florida law defines battery as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to another person. A battery charge is a misdemeanor of the first-degree and a person convicted of such charge can be sentenced up to one-year imprisonment and imposed fines. If a parent involved in a brawl as portrayed in the video has prior battery or aggravated battery convictions, the battery charge can be increased to a felony battery. Felony battery is a third-degree crime. Conviction of such a crime can result in up to five years imprisonment and imposed fines.

In addition to the battery, a person participating in a brawl at a sporting event may receive assault or disorderly conduct charges. Assault is defined by Florida law as an intentional, unlawful threat by word or act to do violence to the person of another, with the apparent ability to do so, and creates a well-founded fear in such other person that violence is imminent. Disorderly conduct is defined by Florida law as acts that corrupt public morals, outrage the sense of public decency, or affect the peace and quiet of persons who may witness them or engage in brawling or fighting. A conviction of assault or disorderly conduct is considered second-degree misdemeanors which can carry up to sixty days in jail and fines.

April 17, 2020

How Are Search Warrants Usually Obtained in Child Pornography Investigations?

by Adams, Luka, & Benton

The police have asked me to turn over my cellphone and laptop so that they can search it for illegal material and child pornography. I don’t have anything to hide, but I don’t want to turn anything over unless I really need to. What do the police need to get a search warrant for my electronics?

Under the 4th Amendment of the U.S. Constitution, as well as under the Florida Constitution, the police cannot search through information on your computer, laptop, cellphone, tablet, or other electronic device without either your consent or a search warrant. If you refuse to give consent, then a police officer or other law enforcement agent would need to provide a sworn affidavit to a magistrate or judge stating the grounds for probable cause. The affidavit would need to provide specific information showing that there is a high probability that law enforcement will find illegal material on your devices if they were allowed to search them.

Many people wonder how law enforcement could possibly know whether their devices contain illegal material such as child pornography. Most tips that law enforcement receives regarding child pornography come from internet service providers, such as Google or Safari. Internet service providers are private companies. Given that 4th amendment protections only apply to invasions of privacy committed by government actors and not private individuals or companies, the 4th amendment does not protect you from private companies turning over information they have to law enforcement. For example, if an internet service provider becomes aware of an image of child pornography, it can report that image, including providing the web server and address, to law enforcement. Law enforcement can then use this information to establish the probable cause they need to get a warrant for uploads or downloads of this illegal material.

December 17, 2019

Can My Child Face Criminal Charges For Being Involved with a Group of Children Who Break the Law, Even if My Child Was Not the One Committing the Crime?

by Adams, Luka, & Benton

My child has recently been hanging out with a new group of friends. I haven’t met the friends yet, but I’m aware that a few of them have been in trouble at school and have even been arrested in the past. I don’t believe my own child would commit any crimes, but I’m worried my child may still get into trouble if he’s with these other children and they do something illegal.

Parents should be aware of who their children are spending time with, if their friends commit a crime and your child is with them when it happens, your child can be charged with the same crime. The most serious example of this is felony murder. Felony murder laws have gained recent media coverage, as some criminal justice reformation movements are pushing to change or abolish felony murder laws across the states. Under Florida’s homicide statutes, a person who is present during or an accomplice to the commission of certain felonies can be charged with second-degree murder if someone is killed during the commission of that felony, even if that person is not the one who actually killed someone and did not intend for anyone to die.

An example of this would be if your child was present with a group of friends during a burglary, and one of the friends shot and killed someone during that burglary, your child could be charged with felony murder, even if your child did not intend for anyone to be harmed during the burglary and was not the one who pulled the trigger. Another example of how your child could be charged with felony murder without actually killing someone would be if your child stole a vehicle for their friends to use to commit a burglary, and during the burglary, one of their friends commits a murder. Even though your child was not present for the burglary and did not kill anyone, your child would still be an accomplice to the burglary and could, therefore, be charged with felony murder for the killing that occurred during the course of the burglary. Other felonies that can lead to a felony murder charge if someone is killed during their attempt or commission are robbery, arson, kidnapping, sexual battery, aggravated child abuse or aggravated abuse of the elderly or disabled, carjacking, aggravated fleeing and eluding with serious bodily injury or death, and resisting an officer with violence. Felony murder charges against someone who did not actually commit the killing are second-degree murder charges and punishable by up to life in prison.

November 25, 2019

What Are the Different Types of Felony Battery Charges I Can Receive, and Why Was I Not Charged with a Misdemeanor?

by Adams, Luka, & Benton

I was arrested for battery after an altercation I was involved in and assumed I would be charged with a misdemeanor offense but later learned that I was charged with felony battery. What are the different types of battery and why was I charged with a more serious offense than I initially thought I would be facing?

Under Florida law, there are several different types of battery charges. Battery is defined under Florida law as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to another person. Battery is a first-degree misdemeanor punishable by up to one year imprisonment and fines.

Battery charges can be elevated to felony battery if the accused person already has a prior conviction for battery, aggravated battery, or felony battery. Generally, a prior offense is only considered a conviction if the defendant was adjudicated guilty of that offense, but under the Florida felony battery statute, any determination of guilt that is the result of a plea agreement or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered, will be considered a conviction. Felony battery is a third-degree felony punishable by up to five years of incarceration and fines. With the increase in severity of the charge from a misdemeanor to a felony, the accused will also face losing constitutional rights upon a conviction, a greater possibility the alleged crime will interfere with current or future employment, and the more negative stigma often associated with felonies.

November 20, 2019

I was Charged with Wire Fraud, but I Never Actually Sent nor Received a Wire Transfer of Money, How Can This Happen?

by Adams, Luka, & Benton

I was in need of money and told people I was raising money for a charity, but I plan to keep the money for myself instead of actually making the donation. Can I be charged with a crime?

The crime of wire fraud generally involves obtaining money, property, services, or something of value under false pretenses using electronic means of communication, including the internet, emails, text messages, social media websites, or wire transfers. Mail fraud is a similar offense, only the communications occur through the United States Postal Service or other carriers.

Wire fraud is illegal under both federal and Florida law. The Florida Communications Fraud Act criminalizes schemes to defraud, as described above. Under Florida law, a scheme to defraud is defined as “a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” In the situation described above, asking people for money for a charity while knowing that the money would not actually be turned over to that charity and instead used for other purposes would be an intentional scheme to defraud.

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