Fort Lauderdale Criminal Defense Lawyer

Crimes may be charged as felonies or misdemeanors, with felonies being more serious. Common types of crimes include white collar crimes, drug crimes, sex crimes, fraud, DUI, and domestic violence. All crimes need to be established beyond a reasonable doubt. However, the specific elements that must be proven will vary, depending on the particular charges. Certain crimes carry mandatory minimum sentences under Florida law. This makes it especially important to retain a criminal defense attorney in the Fort Lauderdale area who will fight for your rights.

White collar crimes are usually motivated by economic gain. Although they are nonviolent, they can carry substantial punishments, including incarceration. White collar crimes include embezzlement, larceny, credit card fraud, and other types of fraud. The penalties for white collar crimes in Florida can be harsh. For example, if a white collar crime is charged as a second-degree felony, you could be sentenced to up to 15 years in prison and a $10,000 fine. Certain sentencing enhancements may apply in some cases.

Florida Statute section 893.13 sets forth drug crimes and their penalties. It criminalizes drug possession, sale, manufacturing, delivery, and possession with intent to do any of these things. Controlled substances in Florida include LSD, oxycodone, heroin, cocaine, marijuana, ecstasy, and meth. The penalties vary depending on the substance involved, how much is involved, and the activity connected with it. A Fort Lauderdale criminal defense attorney can craft a strategy that is tailored to your specific charge. This may involve a substantive defense or a procedural defense that is based on your constitutional rights.

Fraud is an intentional act of deceit that is perpetrated with the intent of doing harm or getting personal gain. Fraud crimes include false reports of a crime, insurance fraud, uttering a forced instrument, and securing property or money under false pretenses. Florida Statute section 817.034 defines a scheme to defraud as an ongoing and systematic course of conduct that is performed with the intent to defraud one or more people or with the intent to obtain property from one or more people through fraudulent or false pretenses, promises, or representations. Schemes of fraud can be classified as organized fraud or communications fraud. Organized fraud is penalized according to the value of the property obtained by the scheme.

Driving under the influence is a serious crime in Florida. You can be charged with DUI for driving with a blood alcohol concentration of .08% or for being in actual physical control of a vehicle while under the influence. Most DUIs are charged as misdemeanors, but a third DUI is a felony. Penalties for DUI can include fines, a license suspension, and even jail time. If you are lawfully arrested for DUI, Florida law assumes that you have given implied consent to a chemical test. Fort Lauderdale criminal defense lawyer Mark Eiglarsh is an award-winning DUI attorney with experience handling all different kinds of DUI charges.

Felonies are taken seriously and punished harshly. If you are convicted of a felony, you may be incarcerated for many years. Felonies in Florida are categorized as third-degree, second-degree, first-degree, life, or capital felonies. Each category of felony involves different sentencing. Capital felonies are the most serious crimes in the state. They are punished by the death penalty. Meanwhile, a first-degree felony can result in a maximum of 30 years in prison and a maximum fine of $10,000.

We represent clients accused of crimes such as sexual battery, sexual assault, child pornography, child molestation, rape, sexual assault, Internet pornography crimes, and prostitution. The elements that need to be shown depend on the sex crime that is charged. Sex crimes carry severe penalties that can haunt you far into the future, and you should immediately seek out an experienced criminal defense lawyer in the Fort Lauderdale area if you have been accused. One potential penalty for a serious sex crime is a requirement that you register as a sex offender for the rest of your life.

Misdemeanors are less serious than felonies are. However, you should be aware that if you are arrested for a misdemeanor, you will have a criminal record. This means that your job and educational prospects may be adversely affected. The maximum punishment is up to one year in jail and a fine. There are two degrees of misdemeanors. First-degree misdemeanors, which are more serious than second-degree misdemeanors, include boating under the influence, criminal mischief, domestic violence, shoplifting, and reckless driving.

Domestic violence involves various kinds of violence perpetrated against a family or household member. A family or household relationship may exist in Florida when the perpetrator is related to the victim as a spouse, ex-spouse, co-parent, relative by marriage, or blood relative. Florida laws also provide protection against domestic violence perpetrated by people who are currently cohabitating or who previously cohabitated in the same household. In addition to criminal penalties, a victim of domestic violence may request a protective order or injunction from the court. If you willfully violate a domestic violence protective order, you can be charged with another crime.

If you were injured in a serious accident caused by someone else, you may be able to bring a personal injury lawsuit for damages. Most of the time, these lawsuits are brought under a theory of negligence. This means that a plaintiff must show that it is more likely than not that a duty to use reasonable care was owed, a breach of the duty to use reasonable care occurred, and the accident happened as a result. The context will dictate whether there was a duty to use reasonable care and whether and how this duty was breached.

It can be devastating to lose a loved one in an untimely accident. Florida Statute section 768.19 provides that if someone’s death is caused by a wrongful act, default, negligence, or breach of contract, the decedent’s estate can bring a wrongful death lawsuit. The personal representative of the decedent’s estate must file the lawsuit. However, it is filed on behalf of surviving family members as well as the decedent’s estate. Family members who can obtain damages through a wrongful death lawsuit include the decedent’s spouse, children, parents, blood relatives, and adoptive siblings.

It can be very challenging to be charged with a crime or suffer catastrophic injuries. You need an attorney whom you can trust. Mark Eiglarsh is a skillful and experienced criminal defense attorney serving Fort Lauderdale residents and other people throughout Florida, including in Miami, West Palm Beach, Hollywood, Weston, and Orlando. He also represents accident victims who need an advocate to assert their right to compensation for their injuries. Call us at 954.500.0003 or use our online form to set up a consultation.