Did you know that there are over 950,000 people that live in Jacksonville, Florida? As the leading criminal defense attorney’s in Jacksonville, we know that this large number of people in one area puts criminal charges as some of the most frequent cases we see at our office. In general, there are five common criminal charges that our Jacksonville criminal defense attorneys manage daily. You may even be able to guess some of these if you frequently watch the local news. Below, our expert attorneys define each of these common charges, in no particular order, as well as different defense strategies attorneys use to defend their clients and protect their rights.
1. Driving Under the Influence (DUI)
A DUI is one of the most frequently charged offenses in Jacksonville, FL. It refers to the act of driving a vehicle while under the influence of drugs or alcohol. Authorities determine an individual’s level of intoxication through a series of field sobriety tests. These tests include the Horizontal Gaze Nystagmus, walk-and-turn, and the breathalyzer. This last test measures someone’s blood alcohol concentration (BAC). If a BAC is equal to or higher than 0.08%, they’re considered over the legal limit. If you’re under the legal drinking age of 21, the BAC is even lower at 0.02%. On that note, there is a zero-tolerance policy for drivers in the state of Florida who are under the age of 21 if they’re found with any measurable amount of alcohol in their system. The reason the DUI laws are so strict in Florida, is to ensure the safety of residents and visitors.
Criminal Defense Strategies:
- Challenging the Traffic Stop: If our criminal defense attorneys find that the initial stop was unlawful, any evidence collected after the stop may be inadmissible.
- Questioning the Breathalyzer Results: Breathalyzer machines can be flawed – it is rare, but it does happen. Mechanical issues like improper calibration or operator error can lead to inaccurate results.
- Field Sobriety Test Validity: Field sobriety tests are subjective and can be challenged based on conditions like poor lighting or the defendant’s physical condition to perform the test.
2. Drug Charges
Unfortunately, Jacksonville sees a high number of drug charges, ranging from minor marijuana possession to more serious substances like cocaine and meth. In addition to possession, drug-related offenses can include sale or trafficking of illegal drugs out of the country. Florida is an ideal state for international drug trafficking since a vast majority of the state is surrounded by water.
Potential Drug Charges:
The severity of the charge typically depends on the amount of the substance found in one’s possession, the type of drug, and whether there is proof of intent to distribute. Due to the wide range of drug classes, Florida has different schedules. Schedule 1 drugs are the most dangerous and highest potential for abuse, while schedule 5 are the least dangerous. In general, the state recognizes there are serious consequences from drug abuse to not only individuals but also communities. Therefore, Florida has implemented strict laws to deter individuals from getting involved with drugs. It’s important to consult with a Jacksonville criminal defense attorney if you or someone you know is facing charges for a drug-related offense.
Criminal Defense Strategies:
- Unlawful Search and Seizure: If your criminal defense attorney can prove the drugs were found because of an unlawful search, the evidence might be dismissed.
- Lack of Knowledge: The defense could argue that the defendant was unaware of the presence of drugs, especially if found in a shared space.
- Chain of Custody Issues: Mistakes in how the evidence was handled or stored could be a valid reason to exclude it from evidence.
3. Domestic Violence
Domestic violence charges occur when there is a physical fight between family members, spouses, or partners. These types of cases are taken very seriously by our Jacksonville criminal defense attorneys, and the state in general. Even a minor altercation can lead to serious consequences.
Criminal Defense Strategies:
- Self-Defense: Demonstrating that the accused acted in self-defense.
- False Accusations: Domestic disputes can sometimes lead to false accusations, and proving inconsistencies in the accuser’s story can be key.
- Lack of Evidence: If there is insufficient evidence to support the claims, the charges may be reduced or dismissed.
4. Theft and Burglary
Burglary and theft are common property crimes in Jacksonville. Theft generally involves taking someone else’s property without consent. Meanwhile, burglary involves entering a structure with the intent to commit a crime.
Criminal Defense Strategies:
- Intent: For burglary charges, the prosecution must prove the intent to commit a crime at the time of entry. Without this intent, the charge might be reduced.
- Mistaken Identity: In cases of theft, particularly shoplifting, the defense might argue that the accused was wrongly identified.
- Consent: If the defendant had permission to take the property or enter the premises, the charges may be contested.
5. Assault and Battery
Assault and battery charges occur when someone threatens or physically harms another person. More specifically, assault charges are when someone creates/threatens a reasonable fear of harm towards another individual. Battery charges involve an actual altercation or physical contact causing damage or harm to a person against their will. Like drug charges, these offenses can range in severity. More specifically, it highly depends on the severity of harm inflicted, if any weapons were used, and if there was intent behind the act. In these cases, it is vital that you get in touch with a Jacksonville criminal defense attorney to review options on how to handle the case and potential outcomes.
Criminal Defense Strategies:
- Self-Defense: Proving that the accused was actually defending themselves can be a strong defense.
- Mutual Combat: If both parties willingly engaged in the fight, this could reduce the severity of the charges.
- Lack of Intent: For an assault charge, the prosecution must prove intent to harm, which can be difficult if the incident was accidental.
Jacksonville Criminal Defense Attorneys Can Handle Your Case
As we mentioned at the beginning of this post, in a big city like Jacksonville it is not uncommon for criminal charges to occur from time to time. However, understanding what these common criminal offenses are is important so you can protect yourself, family, and friends. If you or someone you know is facing a criminal charge, it is crucial that you contact a Jacksonville criminal defense attorney as soon as possible. We can help review the details of the case, go over options for how to handle it, and discuss potential outcomes. Our expert attorneys at Dale Carson Law are prepared to discuss any case, and will work hard to protect your rights. Call us today!