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

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...

Reviewing RICO law

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 12, 2021 | Federal Crimes

Federal charges inherently seem to be much more serious than state offenses. Yet you may realistically have a greater potential of facing such a crime than a violation of one of Florida's statutes. Part of that may have to do with a greater familiarity with local laws. Yet it may also be due to the often broad application of federal regulations. Racketeering charges often serve as a good example of this. Many come to us here at Brunvand & Wise Law Group facing such an accusation confused over how their actions could potentially qualify as criminal. If you find yourself in the same...

Advance notice could help avoid allegations of tax evasion

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 12, 2021 | White Collar Crimes

Due to the increased stress that may come with tax season, filers could stand a greater chance of making errors or mistakes on their returns. As described by Bankrate.com, an individual may also face allegations of tax evasion for a number of reasons, including a misinterpretation of the law. Cash income and deductions that do not correlate with an individual's profession may raise red flags. Taxpayers are, however, generally advised of an impending investigation. This may help prepare an individual to defend against a prosecutor's attempt to convince a court of intentional evasion. Serious...

Know The Basics Of Marijuana Laws In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 10, 2021 | Criminal Law, Drug Charges

Marijuana continues to be a hot topic around the country. Several states now have laws on the books allowing for varying degrees of possession and use of cannabis, and the laws from state to state and between states and the Federal government can be confusing. In 2016 the voters of Florida legalized medical marijuana at the ballot box. What follows is a brief overview of the marijuana laws in Florida as they now stand. Medical Marijuana The 2016 ballot proposal known as the Florida Medical Marijuana Legalization Initiative (or Amendment 2 at the time) made the possession and use of marijuana...

What You Need To Know About Murder Laws In Florida

On Behalf of Brunvand, Wise & Farinella Law Group | Feb 2, 2021 | Capital Murder

It will likely come as no surprised to most people that the killing of another without justification is against the law in Florida. Much less widely known and understood are the degrees of severity for the crime of murder. Following is a discussion of a few of the laws against murder in Florida First Degree Murder Murder in the first degree in Florida is the most serious classification of murder under state law. First degree murder falls into three types: Premeditated killing, felony murder, and murders committed in certain drug-dealing situations. In order to sustain a charge of first...