Tampa, Florida Criminal Defense & Family Law Blog

Assault and battery charges are serious criminal charges. In many situations, these two charges will go hand in hand so it is important for accused individuals to understand what they are. Assault refers to when one party places another party in fear of immediate harm. Battery occurs when one party physically strikes another party.

Assault and battery charges are often lumped together in many states so it is helpful to know the laws in your state. The two have distinct legal distinctions and elements, however, so it is also helpful to know what those are. Generally, assault places the victim in fear of harm and can include threats of harm, while battery charges include causing actual harm to the victims. Assault can also be defined as an attempted battery. The elements of a battery include the intentional touching of the victim that is harmful or offensive without the consent of the victim.

Plea bargains are an important part of the criminal justice system that every accused individual should understand. Plea negotiations are a way that criminal charges are resolved without the need for a trial. There are different types of plea negotiations that it is important for accused individuals to be familiar with when facing criminal charges and evaluating their options to address them.

Charge bargaining is one type of plea bargaining which refers to the accused individual negotiating over the charges they are facing. In this type of plea bargain, the accused individual may plead guilty to a lesser charge in exchange for the prosecutor dropping other charges. Another type of plea bargaining is sentence bargaining. When sentence bargaining, the accused individual may plead guilty to a charge in exchange for a reduced sentence or sentencing recommendation to the judge. There are additional types of plea bargains it is helpful for accused individuals to also be familiar with.

Drug trafficking charges are extremely serious charges, however, accused individuals facing them may wonder exactly what a drug trafficking charge refers to. Drug trafficking charges refer to the selling, transportation and illegal importation of unlawful controlled substances. Controlled substances can include marijuana, cocaine, heroin, methamphetamines and other illegal drugs. The penalties associated with drug trafficking charges can be especially harsh.

Accused individuals facing drug trafficking and drug distributions allegations, accusations and charges can face prison sentences ranging from 3 to 5 years in prison to life in prison. Punishments associated with drug trafficking charges vary widely but can depend on factors such as the amount of illegal drugs involved, the types of drugs involved, the geographic area the drugs were distributed in and if children were the target of the alleged drug trafficking and distribution activities. Drug trafficking charges can also apply to prescription drugs illegally obtained, possessed or distributed.

Individuals who are facing drunk driving charges may have serious concerns about the potential penalties they face and questions as to what they might be. The potential penalties and consequences for drunk driving charges can vary depending on the circumstances. For instance, an individual who has their second DUI offense is required in Florida to install an ignition interlock device on their vehicle. In addition, an ignition interlock device may be required for a first DUI offense in some circumstances.

Likewise, the age of the driver accused of a DUI may also impact the potential penalties and consequences the accused individual faces. Florida has a zero tolerance law for underage drinking and driving. For drivers under the age of 21, the legal limit in Florida to drive is .02. For drivers over the age of 21, the legal limit is .08. Underage drivers accused of drunk driving can have their driver's license automatically suspended for 6 months.