In federal court, the statute governing aiding and abetting is 18 U.S.C. § 2. In order to secure a conviction in federal court under that statute, federal prosecutors must prove, beyond a reasonable doubt, that the accused did knowingly associate with a criminal venture and intended on the venture being a success. What is required is proof that the accused knew of the crime that he or she aided and/or abetted. Also, every defendant accused of this crime must have knowledge that what they were participating in was a crime. Merely participating in a particular act, without knowledge of its illicit nature, is insufficient to support a conviction. Florida state courts also make aiding and abetting a serious criminal offense. A lot of the language in the federal statute is similar to the state's. There's a difference between being a principal and being an accessory. Typically, the person who is the principal is the one directly responsible for the criminal act for which he is accused. The person who aids and abets another is typically not involved directly with the crime that is committed. They often are not ever on the scene of a crime. The primary question for determining whether someone is guilty of aiding and abetting is whether they gave general assistance and encouragement.
If you or someone you know has been charged with Aiding and Abetting and/or any other criminal charge, it's imperative that you contact the Law Offices of Mark Eiglarsh immediately. The initial consultation is free and confidential.
- Back to Areas of PracticeLike drug trafficking, arms trafficking, sometimes called "gunrunning" is the unlawful trafficking of weapons and/or ammunition. Whether something is unlawful hinges upon various national and local laws. Contact us for a free consultation to discuss the statutes and laws that apply to your specific case.
- Back to Areas of PracticeBurglary occurs when someone unlawfully enters the dwelling, structure or conveyance of another, without their permission and has the intent to commit a criminal offense inside. Also, burglary can be committed when someone is initially given permission to enter the dwelling, structure and/or conveyance of another, and then remains inside after permission has been withdrawn and intends to commit a crime while inside. Penalties for burglary can be extremely significant. All burglaries are felonies. Therefore, the least severe burglary can subject the offender to a statutory maximum penalty of up to five years in prison. Dwelling burglaries, for example can subject the offender to up to fifteen years in prison, assuming no weapons were involved and no one was assaulted. Dwelling burglaries where either a weapon was used and/or someone was assaulted are considered "Life felonies," and can result in a life sentence in prison after conviction.
As there are several defenses to burglary, it's imperative that you contact the Law Offices of Mark Eiglarsh immediately. The initial consultation is free and confidential.
- Back to Areas of PracticeThe federal conspiracy statute is 18 U.S.C § 371. In order for federal prosecutors to secure a conviction for conspiracy, they must prove, beyond a reasonable doubt, that two or more people got together and planned to carry out a crime and also, that they took some action in furtherance of carrying out their plan. The law doesn't require the crime actually gets carried out. For example, let's say three people get together and plan to traffic in illegal drugs. In furtherance of that plan, they purchase scales, baggies, and several suitcases. Even if they never actually traffic in illegal drugs, they are still guilty of the conspiracy. In many states, people who conspire to commit a particular offense can face the same penalty as if they actually committed the offense. A person who conspires to commit an offense and then carries it out can get charged with both conspiracy and the crime itself.
There are a number of defenses to conspiracy. Our firm has represented numerous defendants charged with conspiracy in both state and federal court. Call for a free consultation and we'll be happy to discuss your case.
- Back to Areas of PracticeLeaving the scene of an accident, also known as "hit and run" is a criminal offense in Florida. What penalty you face hinges, in part, based upon whether there was any property damage, serious injury or death.
The crime of leaving the scene of an accident occurs if you are involved in an accident and you intentionally leave the scene without first giving your name, address, registration and driver's license information. If the property owner isn't around for you to provide your information to him/her, then the law requires you to contact the closest police department and give the information to law enforcement.
In Florida, we have a duty to render aid if the accident that you're involved with resulted in injury or death to another. In that instance, you are legally obligated to stop immediately, provide your name, address, registration and driver's license information, and also, provide assistance to the injured or deceased individual by transporting, or making arrangements for transportation of the person to a medical professional.
The penalties for "hit and run"/leaving the scene of an accident are as follows:
If you caused property damage:
| Charge: | Misdemeanor |
|---|---|
| Fine: | Up to $500 |
| Probation: | Up to 6 months |
| Jail: | Up to 60 days |
If you caused injury:
| Charge: | Felony |
|---|---|
| Fine: | Up to $5,000 |
| Probation: | Up to 5 years |
| Prison: | Up to 5 years |
If you caused death:
| Charge: | Felony |
|---|---|
| Fine: | Up to $10,000 |
| Probation: | Up to 15 years |
| Prison: | Minimum of 21 months up to 15 years |
There are a number of defenses that can be raised for this offense. Contact the Law Offices of Mark Eiglarsh for a free, confidential consultation. We'll provide you with the best course of action.
- Back to Areas of PracticeIt's a type of child abuse in which a caregiver, like a parent, for example, lies about, exaggerates, or causes symptoms of an illness that then results in the child receiving unnecessary and potentially harmful medical treatment. Other names for this crime include: medical child abuse, pediatric symptom falsification, and child abuse in a medical setting.
If you or someone you know has been charged with Munchausen by Proxy and/or any other criminal charge, it's imperative that you contact the Law Offices of Mark Eiglarsh immediately. The initial consultation is free and confidential.
- Back to Areas of PracticeObstruction of Justice includes a number of different misdemeanor and felony crimes. Some of the various offenses under the Obstruction of Justice umbrella include:
The penalties for Obstruction of Justice depends upon what specific charge you're facing. Some offenses can subject you to many years in prison. At the Law Offices of Mark Eiglarsh, we have extensive experience handling all types of these criminal matters. Contact us immediately for a free consultation.
- Back to Areas of PracticeThe offense of Perjury has been committed when a person swears under oath to something that isn't true. What the person lies about must be deemed "material." How much time someone is looking at for this offense hinges upon whether the false statements were made in an Unofficial, Official, or Official Capital Prosecution Proceeding. If the perjury was not committed in an Official Proceeding, an offender is facing a misdemeanor, carrying with it a maximum of one year in jail and up to a $1,000 fine. If the perjury was committed during an Official Proceeding, the offender is facing a felony, which subjects them to a statutory maximum of up to five years in prison and up to $5,000 in fines. If someone commits perjury in an Official Capital Prosecution Proceeding, they face a minimum of 34.5 months in prison and up to fifteen years in prison. There are several defenses to perjury. We recommend that you contact us for a free consultation.
- Back to Areas of PracticeStalking includes a wide array of behaviors. Stalking can be when a person causes emotional distress to another as a result of repeated communication and/or following of another for no legitimate purpose. Also, stalking can occur when one harasses another either on the telephone, internet or face-to-face. Those facing stalking charges can get as little as no jail time or up to 15 years, in some instances. Many actions that previously were deemed obnoxious and/or rude have become criminal offenses as a result of Florida's stalking laws. What constitutes stalking vs. non criminal conduct can often hinge solely upon how law enforcement chooses to interpret the statute. Some of the portions of the stalking laws can be vague and subject to interpretation.
At the Law Offices of Mark Eiglarsh, we have extensive experience handling from civil restraining orders to aggravated stalking. Contact us for a free consultation, 305.674.0003.
- Back to Areas of PracticeTraffic offenses can range from citations for speeding up to misdemeanors and felonies. Our firm handles numerous different traffic offenses. Some of the typical traffic offenses that we handle includes (but not limited to): Reckless Driving, pursuant to 316.192. That offense is committed when someone drives with a willful and wanton disregard for human life and/or property. Driving With Suspended License, 322.34, when someone drives while their license was suspended or revoked. Vehicular Manslaughter, 782.07, someone drives negligently and causes the death of another. Fleeing and eluding, 316.1935, is committed when someone fails to stop for a law enforcement officers, yet knows that they've been ordered to stop. Leaving the Scene of Accident ("Hit and Run"), 316.027, any person who fails to stop and exchange information with another after being involved in a car accident.
Call for a free consultation so we can offer you guidance concerning your traffic offense. At the Law Offices of Mark Eiglarsh, we've handled every traffic infraction and/or criminal traffic offense. We know the defenses and we are best suited to assist you in securing the best outcome.
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