Clearwater Criminal Defense Law Blog

  As in most places, kidnapping is a serious crime in the state of Florida. Originally an offense under the common law of England and Wales, the laws of kidnapping in Florida mirror similar laws in other states. Following is what you need to know about Florida’s kidnapping laws. Basics In Florida, statute sets out that kidnapping is confining, abducting, or imprisoning another person against her or his will and without lawful authority. In addition to the above, the defendant must have the intent to do four specific acts in order to be convicted of kidnapping. Intent Florida law says...

Protective orders are a type of injunction issued by a court that prohibits a person from contacting another person, usually due to some suspicion or history of violence. Florida has several different kinds of protective orders that may be used by a judge in different situations. Basics Florida recognizes four different kinds of situations in which a court may issue a protective order: Domestic violence, repeat violence, dating violence, and sexual violence. A person (the petitioner) may seek a protective order on another (the respondent) whether there is an ongoing criminal prosecution or...

  Sexual crimes are an unfortunate reality of our world, and laws prohibiting non-consensual sexual contact or sexual violence are a necessary part of any law regime. Florida is no different, as the state has several statutes on the books prohibiting rape and other types of sexual battery. Basics The state of Florida defines the crime of sexual battery as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object However, the statute continues by specifically carving out an exception for actions...

  Florida’s self defense laws have been in the national news a few times over the past several years. Many misconceptions have arisen as a result, and the laws themselves are not as clear cut as some may believe them to be. Here’s what you need to know about the laws of self defense in Florida. Non-Deadly Force Florida’s self defense laws are covered in chapter 776 of the Florida statutes. In Florida, self defense is an affirmative defense against several criminal charges. Florida law holds that an individual may use or threaten to use a non-deadly force against another person if they...

Robbery in Florida is a quite common criminal charge that manifests itself in many different situations. Although several different degrees of severity exist for robbery charges in Florida, all of them are felonies, and all of them carry with them quite severe penalties. Basics The crime of robbery has been present in English common law from almost the beginning. Matthew Hale described the crime of robbery in 1736 as “the felonious and violent taking of any money or goods from the person of another, putting him in fear, be the value thereof above or under one shilling” Robbery came to...