Florida Criminal Defense Blog | Brunvand, Wise & Farinella Law Group

What are some facts about federal mandatory minimum drug sentences?

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 29, 2021 | Drug Charges

Federal mandatory minimum sentences are in place for many drug charges. If you face a charge with this type of sentence, it means the judge has to leeway and must hand down at least this sentence. For example, if the minimum mandatory sentence is 10 years in prison, the judge must give you at least 10 years in prison. He or she could give you a harsher sentence but cannot be more lenient. Relief from penalty The United States Sentencing Commission does explain that there are ways to get relief from a mandatory minimum sentence. For example, in 2016, there were almost 40% of offenders who...

Do you have to take a breath test in a Florida DUI stop?

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 28, 2021 | Dui

If an officer stops you for suspicion of driving under the influence in Florida, he or she may ask you to take a sobriety test. Under the state's implied consent law, you can receive legal consequences for failure to take a breath or urine test at the scene. Here are the rules about implied consent in Florida during a traffic stop for DUI. Defining implied consent If you drive on the roads in the state, you automatically give your consent to a sobriety test if asked to take this type of test by law enforcement. The officer may require you to take either a urine or breath test. He or she...

What You Need To Know About Protective Orders In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 26, 2021 | Criminal Charges, Criminal Law

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...

What You Need To Know About Sexual Battery Laws In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 22, 2021 | Criminal Charges, Criminal Law

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...

Defend Yourself Against Misconceptions About Florida Self Defense Laws

by Brunvand, Wise & Farinella Law Group | Apr 15, 2021 | Criminal Charges, Criminal Law

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...

A loan fraud charge could include a 30-year sentence

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 9, 2021 | White Collar Crimes

Federal loans obtained fraudulently during a major disaster or declared national emergency may bring severe penalties. As described on the Federal Deposit Insurance Corporation website, punishments may include a $1 million fine and up to 30 years of imprisonment if convicted. A prosecutor may not, however, always obtain a conviction for an alleged offense. Law enforcement must first provide ample proof that a loan applicant submitted false statements or modified documents. Due diligence regarding an applicant is generally required Banks and financial institutions generally owe a duty of care...

Steal A Peek At The Laws Against Theft In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 6, 2021 | Criminal Charges, Criminal Law

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...

Why might the government seize my assets for a federal criminal conviction?

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 3, 2021 | Criminal Charges

If a federal court convicts you of a criminal charge, you may face a variety of penalties. You likely know you face time in prison, but are you aware the government may also seize your assets? According to the US Department of Justice, the government uses asset seizure because it is an effective way to accomplish two main goals. Provide compensation to victims Seizing your assets can provide money the government can then use to pay compensation to any victims in your case. This restitution is something you will often receive as part of your sentence. If the government takes your assets, it...

Understanding the federal sentencing guidelines for embezzlement

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 2, 2021 | Criminal Law

Embezzlement typically involves the taking of assets the defendant has control over but does not own. For example, employees of a credit union may have the authority to count and dispense customer money, but they cannot pocket it for their own personal gain.  While embezzlement of private funds is usually a state offense, federal prosecutors may bring charges for embezzlement of public funds. Often, federal prosecutors use fraud statutes, such as bank or wire fraud, to prosecute defendants for embezzlement.  The federal sentencing guidelines Because of disparities in sentences between...

The Basics Of Domestic Violence Laws In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Apr 1, 2021 | Criminal Charges

Thanks to the stress and isolation of the coronavirus pandemic and related shutdowns, domestic violence prosecutions have spiked over the past year. Florida law utilizes both criminal and civil remedies for domestic violence, but the focus in this article will be the criminal laws surrounding domestic violence in Florida. Basics The State of Florida define domestic violence as certain types of violent crime perpetrated against a family member. Violence against a blood relation counts as domestic violence as well as violent acts against a spouse, a former spouse, a co-parent, or a relative by...