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

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...

Forgery in Florida – What’s The Real Story?

On Behalf of Brunvand, Wise & Farinella Law Group | Mar 25, 2021 | White Collar Crimes

Forgery is considered a “white collar” crime that is in essence the act of producing a false legal document or materially altering one with the intent to defraud another. In Florida, doing so is a felony. Basics In Florida, a felony is falsely making, altering, forging, or counterfeiting of certain documents with the intent to injure or defraud another. The documents listed in the statute break down roughly into two broad groups: public documents and private contracts. In general, the elements of forgery in Florida are: making, altering, forging, or counterfeiting a written instrument that...

Avoid Transgressing The Laws Of Criminal Trespass In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Mar 15, 2021 | Criminal Charges

The laws of criminal trespass in Florida frequently come into play alongside other serious criminal charges. Although it is not a felony in most cases, criminal trespass is often charged with other felonies at the same time, and it can be a felony itself under certain circumstances. Basics Florida law defines criminal trespass as entering or remaining in a structure or conveyance or refusing to leave a structure or conveyance or being told to leave a structure or conveyance and continuing to remain there. Florida statutes recognize two types of criminal trespass: trespass in a...

Disorderly Conduct: Florida’s “Catch All” Crime

On Behalf of Brunvand, Wise & Farinella Law Group | Mar 13, 2021 | Criminal Law

One of the more common crimes charged in Florida is that of disorderly conduct. Though typically a misdemeanor, disorderly conduct is frequently charged alongside felonies, and in certain instances the charge itself may be a felony in certain circumstances. Background Disorderly conduct is a crime in most United States jurisdictions. As a wide range of acts may qualify as disorderly conduct under most statutes, the crime has been used as a “catch all” charge by prosecutors to punish acts that do not fit neatly into other statutes. At the Federal level, disorderly conduct is an act that is...

Manufacture or delivery of drug paraphernalia in Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Mar 6, 2021 | Drug Crimes

A myriad of circumstances could affect whether a judge convicts a defendant of a drug paraphernalia offense, and even the smallest detail may be relevant. In court, the prosecutor will focus on trying to prove that the defendant is guilty. According to Florida Statutes, here is what the law says about a paraphernalia manufacture or delivery case. Elements of proof The prosecutor has three things to prove beyond a reasonable doubt: The defendant either manufactured or possessed with the intent to deliver or actually delivered the paraphernalia. The defendant knew that the paraphernalia was...

Florida Car Theft Law: A Primer

On Behalf of Brunvand, Wise & Farinella Law Group | Mar 4, 2021 | Criminal Charges, Criminal Law, Vehicular Crimes

Whether it be a sporty and exotic foreign car or a run-of-the-mill domestic sedan, taking away a car that is not yours is a crime in Florida. Car theft is a significant problem in the Tampa Bay area, and many people are prosecuted under Florida laws for car theft every year. Below you will find the information you need to know if you find yourself charged with car theft in Florida. Basics In Florida the crime of car theft is prosecuted as grand theft of a motor vehicle. Under Florida law, to be guilty of grand theft auto, one must deprive the owner of a right or benefit to the...

Breaking Open And Entering Into Florida’s Burglary Laws

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 24, 2021 | Criminal Law

Burglary has a long history in the jurisprudence of nearly all cultures, and Florida has a well-developed set of laws prohibiting the practice. The Florida burglary laws have a great deal of nuance, and we will attempt to give at least a thumbnail sketch of them in the article below. Origins There is no clear consensus on the origin of the term “burglary.” One theory has the term arising from the combination of the German words burgh and laron, translating literally to “house-thieves.” Another theory is that the term arises from the Latin word bugare, “to break open,” or the word burgus,...

Money laundering and the three-step proof required for conviction

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 18, 2021 | White Collar Crimes

Prosecutors may charge individuals allegedly involved in money laundering after finding evidence of possible wrongdoing. A conviction, however, requires proof that money deposited in a defendant's bank account came from the proceeds of an illicit activity. As explained by Bankrate.com, money laundering is a three-step process. Without showing all three steps, a prosecutor may not have enough proof to convince a jury to convict. Placing money into a financial institution The first step of money laundering is "placement." This is when an individual deposits cash from an illegal source into a...

Don’t Get Burned By Florida’s Arson Laws!

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 16, 2021 | Arson

Just as in every other state, Florida law prohibits setting fire to the property of another without their permission. Though it is a simple concept, the laws surrounding arson in Florida are not as simple as you might believe. Following is a discussion of Florida arson laws and what they mean to you if you are charged with arson in Florida. Origins The term “arson” comes to us from the Law French word arsoun, ultimately descending from the Latin verb ardere, which means “to burn.” In English common law the crime of arson consisted of four elements: malicious burning of the dwelling of...