Crimes of Violence

August 27, 2024

When the State Can (and Cannot) Use Evidence of a Defendant’s Past Bad Acts in a Florida Criminal Trial

Many episodes of scripted television courtroom feature an “a-ha!” moment where the outcome becomes apparent: a witness breaks down on the stand and conclusively implicates themselves, someone other than the accused confesses to police or prosecutors, or a decisive piece of evidence is discovered at the last second. In the real world, few cases have a “smoking gun.” Most criminal trials in Florida predominantly feature circumstantial evidence and come down to which side’s presentation proves more persuasive to the jury. Given that reality, having a skilled Tampa Bay criminal defense lawyer on your side if you are facing charges is a must. The right legal team not only can help you put forward all the evidence that strengthens your case but also assist you in keeping out inadmissible evidence the prosecution seeks to place before the jury.

One type of circumstantial evidence that prosecutors use to bolster their cases is proof of the accused’s criminal past. In general, the law does not permit the consideration of the accused’s prior bad acts to decide his/her guilt of the current crime, but the law also carves out exceptions. One is when the defense “opens the door.” This means that the defense proactively presented evidence related to character traits first. If the defense opens the door, then the law allows the state to bring in evidence of prior bad acts that relate to that same trait.

Additionally, the state can use proof of past criminal activities if those prior bad acts tend to prove motive, intent, knowledge, or pattern, and not criminal propensity or poor character. This is called the “Williams rule,” stemming from the 1959 Florida Supreme Court ruling in Williams v. State.

January 26, 2024

Aggravated Battery, Self-Defense, and the ‘Forcible-Felony’ Exception in Florida

by Blake & Dorsten, P.A.

Felony battery cases are serious matters. Aggravated battery is a second-degree felony in Florida punishable by up to 15 years in prison and $10,000 in fines. People accused of felony battery crimes are entitled to put on affirmative defenses to overcome criminal liability. These include defenses like self-defense. When putting together a defense strategy, including affirmative defenses, in your felony trial, be sure your rights are protected by retaining representation from an experienced Tampa Bay criminal defense lawyer.

Successfully arguing self-defense can be central to the accused person’s success in a battery case. To achieve that success, the accused needs to ensure that the judge properly instructs the jury about the law of battery and of self-defense.

When those instructions are erroneous, that may affect the accused’s ability to get a fair trial, as a recent battery case from Pinellas County illustrates.

January 23, 2023

Florida Law Regarding Stand Your Ground Immunity and People Engaged in Illegal Conduct

by Blake & Dorsten, P.A.

Florida’s “Stand Your Ground” has been the subject of much public discussion. Many misunderstandings and misconceptions are associated with this statute. If you are someone facing criminal charges and need to present an argument for Stand Your Ground immunity, make sure you have an experienced Tampa Bay criminal defense lawyer advocating for you.

One of the more common illustrations of a Stand Your Ground scenario involves an innocent bystander who is abruptly confronted and/or attacked. In reality, Stand Your Ground immunity may apply to a variety of circumstances, even if you were guilty of a criminal violation at the time.

A Manatee County attempted manslaughter case is a good example. R.J., a man who newspaper reports identified as a member of a Bradenton street gang, was part of a 2018 altercation involving a rival gang at a local bar. The bar fight spilled into the parking lot and, eventually, shots were fired. A member of a rival gang was dead, allegedly killed by R.J.’s ex-stepfather.

December 22, 2022

A Pasco County Man Faces Felony Charges for Allegedly Slapping the Store Worker Who Called His Wife a ‘Karen’

by Blake & Dorsten, P.A.

Florida’s laws for people with prior convictions sometimes have the potential to inflict some severe penalties if that person gets arrested again, even if it is for something that normally would qualify only as a misdemeanor crime. If you’re someone facing possible felony charges because of your prior conviction, you need the right Clearwater criminal defense lawyer on your side to advocate for you both in court and, just as importantly, outside court in plea negotiations with the State Attorney’s Office.

J.D. was a Pasco County man who found himself facing that possibility following a heated dispute at a Clearwater dollar store. J.D. and his wife were shopping at the Dollar Tree on Gulf-to-Bay Boulevard when a store employee and the wife became embroiled in “a verbal altercation over grocery bags,” according to the police report.

The arresting officer further declared that, as the argument escalated, J.D.’s wife pulled out her phone and began recording, the 20-year-old worker then called the wife a “Karen,” and J.D. responded to that affront to his wife’s honor by open-hand slapping the employee on her left cheek, The Smoking Gun reported.

August 24, 2022

Crime of Passion Defenses in Florida: Their Types and What They Can Do for You in Your Case

by Blake & Dorsten, P.A.

Men and the homicidal reactions their wives’ adulterous affairs triggered (or allegedly triggered) have long been the grist for the plots of both music (Garth Brooks’ “Papa Loved Mama” comes to mind) and jokes. In one joke, a man confesses to his neighbor (via text message) his numerous and regular indiscretions with the neighbor’s wife. The neighbor shoots dead both the wife and the texter. Back home, the shooter discovers a second text where the confessor informs him that autocorrect had altered his first message and that he had not been indulging himself in the pleasures of the neighbor’s wife, but rather the neighbor’s wifi internet. The joke concluded with the confessor whimsically remarking, “Technology, huh? It’ll be the death of us all.” Most folks read this joke and see irony and humor. An insightful Tampa Bay criminal defense lawyer sees a good opportunity to discuss crime of passion defenses in Florida homicide cases.

Back in November, a Hillsborough County jury rejected a Tampa man’s crime of passion defense, instead finding him guilty of first- and second-degree murder for the shooting deaths of his girlfriend and her 10-year-old son. The jury recommended the death penalty, rejecting the man’s contention that he snapped after the girlfriend insulted the memory of his son who died by suicide. Allegedly, the trigger occurred when the woman told the man “I see why your son killed himself like a [expletive] because you’re a little [expletive],” according to FOX 13.

That Tampa case is a reminder of a very important concept: the provocations that can allow a defendant to invoke a crime of passion defense are varied… and vary by state. Most people immediately think of the sudden discovery of cheating spouses, but provocation can also come from being the victim of certain crimes, or even (in some states, including Florida) being the recipient of a romantic overture from a gay or trans person.

March 24, 2022

A Look Back on the Movie Theater Shooting Case and the Details of the Florida Statute that Helped the Defendant Secure an Acquittal

by Blake & Dorsten, P.A.

By now, the story of the retired police captain who shot and killed a fellow movie-goer in Pasco County has become extremely well-known, especially here in Florida. We can all debate what each man could and/or should have done differently, but this isn’t about that. Instead, this post is to focus on some legal aspects of the case that were less well-known and the lessons one can draw from this case, starting with the value of having the right Tampa Bay criminal defense lawyer on your side when you’re facing major felony charges.

To recap, Curtis Reeves, a retired police captain, was attending a matinee movie with his wife when he became frustrated with a nearby man who was texting. The captain spoke out, an argument ensued, then the other man threw Reeves’ popcorn at him. Shortly thereafter, Reeves drew his gun and shot, fatally wounding the man.

The prosecution argued that Reeves was insulted by the popcorn-throwing and shot in a fit of rage. The defense argued that Reeves shot in self-defense.

January 20, 2022

Modern Technology, Remote Witness Testimony, the Confrontation Clause of the Sixth Amendment, and Florida Criminal Trials

by Blake & Dorsten, P.A.

Modern technology has touched all areas of life. Things that would have been impossible 50 years ago are common today. Even with the application of modern technology, all the rights and privileges established by the constitution remain in place. A prosecutor inevitably doesn’t want to lose a child witness’s testimony due to the child’s fear or lose an ill person’s testimony because poor health prevented their travel. However, the Constitution still requires that a criminal defendant be confronted by the witnesses against him. That’s true whether the witness is 10 feet away in the courtroom or thousands of miles away on a video feed. Ensuring that all your rights — including the Sixth Amendment’s Confrontation Clause rights — are protected is an essential part of any criminal defense, and is just one area among the many where it pays to have a skilled Tampa Bay criminal defense attorney on your side.

Earlier this month, the Florida Supreme Court issued a very important ruling in a case involving these issues of modern technology and constitutional rights.

The underlying crime was the double murder of a couple who lived together just north of Fort Lauderdale. The prosecution’s star witness was the accused man’s mother. The state wanted her to testify about the suspect’s allegedly having taken the couple’s credit cards and SUV, driven to the mother’s home in the stolen vehicle, disposed of certain pieces of evidence while there, and ultimately dumped the stolen vehicle at a Walmart store near the mother’s home.

November 19, 2021

What the Rittenhouse Case in Wisconsin Can Teach Floridians About Affirmative Defenses, Burdens of Proof, and Criminal Trials in This State

by Blake & Dorsten, P.A.

Many people across the country were riveted these past few weeks by the homicide trial in Kenosha, Wisconsin. Many people were happy with the outcome; many more were profoundly disappointed. Regardless of one’s feelings about the trial’s result, there are certain things that we can all learn from the trial and why the jury decided as they did. Although the Tampa Bay area is 1,200+ miles from Kenosha and Wisconsin’s laws are not Florida’s, one thing that is nearly universal is how important the right defense strategy can be. That’s why, if you or a loved one is on trial or potentially facing charges here, it pays to have a knowledgeable Tampa Bay criminal defense attorney on your side.

For those unfamiliar with the background events, Kyle Rittenhouse was a teen who lived 20 miles south of Kenosha and who traveled to the city on August 25, 2021, after a series of protests the day before had included arson, vandalism, and property damage. (The protests had begun after local police shot and paralyzed a Black man.)

During the night of August 25, Rittenhouse was involved in a pair of confrontations with protestors. During those confrontations, Rittenhouse shot at four men, hitting three and killing two.

June 23, 2021

A Woman Accused of Aggravated Battery Wins Her Appeals Court Case Based on Florida’s ‘Stand Your Ground’ Law

by Blake & Dorsten, P.A.

Florida’s “Stand Your Ground” law has been the subject of much commentary from TV talking heads, internet bloggers, and other “armchair attorneys.” Regardless of what one might think about the wisdom of the law, the fact remains that this law may, in the hands of a skillful Tampa Bay criminal defense attorney, provide a person accused of a serious crime a distinct possibility to avoid a conviction.

A recent case from Manatee County illustrates how helpful and far-reaching “Stand Your Ground” immunity can be. In C.C.’s aggravated battery case, it was undisputed that C.C. and her boyfriend, G.B., went out to a Palmetto biker bar, where they met and partied with Mr. C. and Ms. E.

G.B. and C.C. later invited their new acquaintances to their Palmetto trailer home. There, a disagreement erupted between Mr. C. and G.B. That disagreement devolved into a fight.

March 19, 2021

‘Alexa, Can I Use Records from an Amazon Device to Help Me Win My Florida Criminal Case?’

by Blake & Dorsten, P.A.

The world is constantly evolving, meaning that the law is evolving. New technologies may mean new avenues for obtaining the evidence you need to prove your innocence in a criminal trial. Getting that evidence, though, requires knowing how to engage in the legal processes properly and in a timely way. To do that, be sure you have representation from a skilled Tampa Bay criminal defense attorney.

One of the modern technological gadgets many people have in their homes these days is a personal assistant device from Amazon or a competitor such as Google. Amazon’s devices come with the well-known “Alexa,” a voice-activated, cloud-based AI service. You can tell Alexa to do many things, from compiling shopping lists to tuning in a radio station to even mimicking the sound of human flatulence, and the Amazon device will perform that task.

Technology like this, as it contains the ability to “listen” and record what is said to the device, has the potential for some unexpected uses. In fact, in one case currently pending in a trial court in Kentucky, Alexa may hold the key to proving a woman’s innocence, according to her attorney. In that case, K.E. was on trial for the April 2020 murder of her mother in the small town of Elizabethtown, KY.