Under Florida law, an armed robbery occurs when an individual uses a deadly weapon during the commission of a robbery, or when they use an item that they make look like a deadly weapon. For example, if a defendant uses a spray-painted toy gun to rob a CVS, or uses any other item that the store clerk/victim reasonably believes to be a deadly weapon, it is considered an armed robbery. Armed Robbery is a non-bondable life felony. That means, the only way that a defendant charged with that offense will get out on bond is if either the prosecutor agrees/stipulates to a bond or if the defense prevails at an "Arthur Hearing." An Arthur Hearing is like a mini-trial in front of the judge wherein the prosecution must put forth sufficient evidence ("Proof evident, presumption great") in order to hold a defendant without a bond.
There are numerous defenses to Armed Robbery. If you or a loved one is charged with armed robbery anywhere in Florida, call the Law Offices of Mark Eiglarsh immediately. While working as a prosecutor, attorney Mark Eiglarsh worked in the Robbery Unit. He has extensive experience that he brings to each one of the robbery cases that he zealously and aggressively defends. The Law Offices of Mark Eiglarsh is committed to providing our clients with excellent representation throughout the criminal process. Please contact us day or night for a free and confidential consultation.
The charge of Assault is usually mixed up with battery, due to numerous cheesy television dramas where typically a person is charged with “Assault and Battery.” Assault does not require the accused to cause physical harm to the victim. In fact, there are two ways in which to commit a charge of assault: (1) the defendant attempted to batter the victim; or (2) the defendant put the victim in an apprehension of imminent battery. Assault can generally be considered a misdemeanor, however, there are a several ways an assault charge can be elevated to a felony. For example, aggravated assault with a deadly weapon or assault against a police officer are felonies, significantly increasing the potential sentence. Aggravated assault with a firearm, for example, carries with it a minimum mandatory three year prison sentence. That in no way means that all defendants who face that charge will go to prison for three years. Prosecutors, under the right limited circumstances, may choose to waive the minimum mandatory sentence.
If you or a loved one has been charged with assault, whether it be a misdemeanor and/or felony, it’s imperative that you speak with an experienced Miami criminal defense attorney immediately. At the Law Offices of Mark Eiglarsh, our firm is fully committed to providing each and every client with an aggressive defense at all phases of the criminal process. We've handled countless assault cases and have extraordinary experience that we can use for your benefit. The most prudent thing to do is call.
The crime of Battery is the unlawful touching of another person. Like assault, a battery charge is generally deemed a misdemeanor, however, that charge may be considered a felony depending on the circumstances. For example, if the accused causes severe bodily harm to the victim, that individual may be charged with a felony. Penalties for battery depend on first, whether it's charged as a misdemeanor or felony. A misdemeanor battery carries with it a statutory maximum penalty of up to one year in jail. A felony battery charge and a battery on an elderly person is a third degree felony, punishable by up to five years in prison. Aggravated battery, charged when a person commits a battery using a deadly weapon and/or causes serious bodily injury, is a second degree felony, punishable by up to 15 years in prison. There are a number of defenses available to the crime of battery. Self defense, defense of others, and/or Stand Your Ground, are just some of the defenses available.
If you or someone you know has been accused battery, whether it be a felony or a misdemeanor, you should speak with an experienced Miami criminal defense attorney at your earliest convenience to learn about your rights and the defenses that may be available to you. Call the Law Offices of Mark Eiglarsh to speak with an experienced Miami criminal defense lawyer about your situation. We've handled countless battery cases and can use decades of experience to assist you.
Typically, when one thinks of child abuse, they think of a person who causes visible physical harm to a child. The criminal charge of child abuse covers a great deal more than that. The act of not sufficiently providing for a child's needs could lead to an arrest for this charge. Additionally, inflicting mental abuse may also lead to a conviction for child abuse, depending on the circumstances. Additionally, placing a child in a dangerous and/or harmful situation has led to countless arrests. In Florida, “Aggravated child abuse” occurs when an individual: (1) Commits aggravated battery on a child; (2) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or (3) Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. In addition, “Child abuse” means: (1) Intentional infliction of physical or mental injury upon a child; (2) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or (3) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
Child abuse is not taken lightly in Florida. It is crucially important that you have skilled Miami criminal defense attorney on your side that can help you to effectively pursue the defense of your case that you need. Call the Law Offices of Mark Eiglarsh at your earliest convenience to learn about your rights and the defenses that may be available to you.
Post O.J. Simpson's murder case, the criminal justice system changed drastically in terms of how domestic violence cases are handled. Most prosecutors believe that most defendants charged with a domestic violence offense can become "the next OJ," escalating their violence upon the victim until it ends with something even more serious, like murder. As a result, they pursue these crimes with passion and vigor. Even when a victim passionately pleads with prosecutors not to file charges against a particular defendant, prosecutors typically will ignore their request. Many will remind victims that they are mere witnesses in their case against the defendant, that the case is entitled, "State of Florida vs. John Doe Defendant" and not "Victim vs. John Doe Defendant."
The most common domestic violence crimes occur when a person engages in a violent act against their spouse, life partner, girlfriend/boyfriend, a family member and/or against someone living in their home.
If a defendant pleas guilty to a domestic violence charge and the charges aren't ultimately dropped, then the case can never be sealed and/or expunged from their record. It takes an attorney with extensive experience to secure phenomenal outcomes in these types of cases. If you or someone you know has a domestic violence charge, whether it's a misdemeanor or felony, don't hesitate to contact us for a free confidential evaluation. Let us assist you through this challenging time.
The Florida habitual offender statute was enacted by legislators in order to assist judges in sentencing certain offenders to lengthy prison terms. Those with certain "priors" (prior felony convictions) may be subjected to significantly greater penalties for certain offenses than those without the same criminal history. Under the statute, an offender who is deemed a habitual violent felony offender may be sentenced to life in prison, assuming they are charged with either a life felony or a felony in the first degree. Those offenders may not be eligible for release until they serve at least fifteen years in prison. If charged with a second degree felony, offenders face a maximum thirty year prison sentence (as opposed to fifteen for those not sentenced under this statute) and must serve a minimum of ten years before being eligible for release. For those habitual offenders charged with a felony in the third degree, such as Grand Theft and/or Felony Battery, the maximum penalty is raised from five years to ten years. Additionally, those offenders must serve a minimum of five years in prison before released.
Because the penalties are so severe, a "discount lawyer" just won't do. It is vitally important to contact the Law Offices of Mark Eiglarsh to speak to a lawyer who can explain the law and your options that may be available to you, based on our extensive experience handling cases for habitual offenders.
Florida Statute 775.085 defines what a hate crime is in Florida. It's an extremely serious offense that can significantly increase the penalties that one is facing, regardless of whether the underlying offense is a misdemeanor or felony. Lawmakers decided in 1989 that offenses committed against a person because of their sexual orientation, race, religion etc. should be punished more severely. Additionally, the public has increased their demands that these types of cases result in harsher penalties for offenders. Some of the offenses that typically are committed under this statute includes, but are not limited to, robbery, assault, battery, rape, vandalism and murder.
An offender faces a more severe penalty if their crime was motivated by the victim's race, advanced age, color, religion, ethnicity, homeless status, physical or mental disability, national origin, and/or sexual orientation. If deemed a Hate Crime, an offender who commits a second degree misdemeanor will have his offense reclassified to a misdemeanor in the first degree. That increases the potential maximum sentence from 60 days in jail to 1 year. If charged with a misdemeanor in the first degree, the charge will be reclassified to a third degree felony. That changes the accused's exposure from 1 year in jail to up to five years in prison. A third degree felony gets bumped up to a second degree felony, which would increase the potential exposure from five years in prison to 15 years. A felony in the second degree would get reclassified to a felony in the first degree. The potential exposure would go from 15 years in prison to 30 years. Finally, a first degree felony would get increased to a life felony. Instead of facing 30 years, the offender could receive a life sentence.
Often, a crime is charged as a hate crime when it just isn't. There are many other defenses available in these types of serious cases. If you or someone you know have been charged with an hate crime, do not hesitate to get an experienced Miami crime attorney involved. contact the Law Offices of Mark Eiglarsh immediately to begin your defense!
Typically, a kidnapping occurs when a person is unlawfully confined by the use of force or threats. A three-prong test was created by the Florida Supreme Court to assist in determining whether movement or confinement while a felony is being committed is enough to lead to a conviction for kidnapping. The Court ruled that to be sufficient for kidnapping, the movement and/or confinement that occurred during the felony: (1) must not be slight, inconsequential, and merely incidental to the other crime; (2) must not be of the kind inherent in the nature of the other crime; and (3) must have some significance independent of the other crime in that it makes the other crime substantially easier of commission or substantially lessens the risk of detection.
For example, let's say a person approaches a victim, points a gun at his face and orders him to move in a specific direction. Even if the victim only took a few steps in the ordered direction, the offender may have committed a kidnapping. One of the primary inquiries is whether the movement was against the will of the victim.
Kidnapping is a "life felony." That means that a defendant who is charged with this offense can get a sentence of life without parole. Additionally, because the offense is a life felony, that means that it is also a "non-bondable offense." That means, the only way that a defendant charged with that offense will get out on bond is if we are successful in persuading the prosecutor to agree to a bond or if we prevail at a proceeding known as an "Arthur Hearing." It's like a mini-trial held before the judge who determines if there is "Proof evident, presumption great." That's an even higher burden than "Proof beyond a reasonable doubt." Different rules of evidence apply to an Arthur Hearing than to a typical criminal jury trial. We have extensive experiencing handling Arthur Hearings for kidnapping cases and other life felonies.
If you or someone you know has been arrested and charged with the crime of kidnapping, it is crucially important that you have a skilled South Florida criminal defense attorney working for you that can help you to effectively pursue the best defense possible. At the Law Offices of Mark Eiglarsh, located in Miami, with satellite offices throughout Florida, we can provide the zealous representation that you are seeking.
Often referred to as a lesser included offense of murder, Manslaughter, while a still a very serious criminal offense, carries with it a much less severe penalty than murder. A Manslaughter is not an intentional killing. Most often, Manslaughter is charged in situations involving an extraordinary emotional disturbance and/or "heat of passion." Additionally, Manslaughter is the appropriate charge for when a defendant drives a vehicle while impaired due to drugs and/or alcohol and causes the death of another. We have extensive experience handling DUI Manslaughter cases, as they are called. It is a highly technical and complex charge. Cases can be won, for example, simply because the person who takes blood from an accused defendant after an accident resulting in serious bodily injury and/or death, fails to use a non alcoholic swab. An alcoholic swab could adversely affect the blood readings.
Allow an experienced attorney to organize an effective defense to ensure that you get the best possible outcome under these challenging circumstances. That is why the most prudent thing to do is call the Law Offices of Mark Eiglarsh to speak with an experienced Miami criminal defense attorney, who has over two decades of experience handling Manslaughter and all other criminal offenses.
If you or someone you know is facing a murder charge in Miami, Fort Lauderdale and/or any surrounding city in Florida, we recommend that you immediately contact a passionate, experienced and zealous homicide attorney from the Law Offices of Mark Eiglarsh. Murder, also known as homicide, is the most severe crime in the Criminal Justice System. As a result, the offender may face the most severe penalty if convicted.
The types of murder charges includes: Felony Murder, Manslaughter, DUI Manslaughter or Vehicular Manslaughter, Second Degree Murder and First Degree Murder. First Degree Premeditated Murder requires proof that the killing was intentional and that the offender premeditated the plan to kill. Second Degree Murder does not require a showing that the offender intended to kill. Rather, Second Degree Murder occurs when a person does an act that results in the death of another that is extraordinarily dangerous, showing a "depraved mind" without any regard to the life of the victim. Manslaughter typically is charged when prosecutors have sufficient evidence to prove that the accused killed another person while engaging in acts that they deem to be culpably negligent. Like Second Degree Murder, Manslaughter does not require proof that the offender planned the death. DUI Manslaughter is committed when a person kills another when driving while their "normal faculties" are impaired and/or with a blood or breath alcohol content of over .08. Potential penalties for this offense can be extraordinary. Vehicular Homicide is committed when the offender causes the death of another while driving his car recklessly.
There are numerous defenses available to each homicide/murder charge. Furthermore, penalties can vary greatly depending on the evidence and advocacy presented on your behalf. If you or someone you know is facing murder charges call the Law Offices of Mark Eiglarsh immediately.
In order to prove that a person committed a terrorist threat, prosecutors must have sufficient evidence showing that the accused threatened to commit an act of violence in order to terrorize a group of people and/or an entire community. Furthermore, the offense occurs when a person issues such threats in order to cause the evacuation of buildings and/or public transportation and/or to severely cause inconvenience to the public. The penalties for this offense exposes the offender to a wide range of possible sanctions, including extensive prison time.
If you are accused of making terrorist threats, it is crucially important that you have a skilled Miami criminal defense attorney on your side that can help you to effectively pursue the defense of your case that you need. A skilled Miami criminal defense attorney from the Law Offices of Mark Eiglarsh can provide you with the representation that you need to effectively defend your legal rights!
Florida Criminal Statute 812.133 defines Carjacking as using force to take a motor vehicle while the motor vehicle is occupied by another. Carjacking is a lot more severe of an offense than Burglary, primarily because of the use of force and because victims are present. The potential penalty for this offense is up to thirty years in prison. In 1993, the legislators created this statute after an outbreak of these types of crimes in South Florida. Organized crime rings specialized in committing these offenses.
If you have been accused of Carjacking and/or any other criminal offense, you should speak with an experienced Miami criminal defense attorney at your earliest convenience to learn about your rights and the defenses that may be available to you. Call the Law Offices of Mark Eiglarsh to speak with an experienced Miami criminal defense lawyer about your situation.
In order to prove the crime of Mayhem, prosecutors must have sufficient evidence that the accused willfully mutilated and/or crippled the alleged victim. What penalty an offender faces hinges upon a myriad of factors, including, but not limited to their criminal history, if any; the nature and extend of the victim's injury ; and/or whether a weapon was used to commit the offense.
It is important that your attorney understands the charges against you and can use his experience and passion to assist you. If you have been charged with mayhem, you need to contact an experienced Miami criminal defense attorney immediately. Do not delay and call the Law Offices of Mark Eiglarsh.
If you or someone you know has been charged with a Vehicular Manslaughter in Miami, Fort Lauderdale and/or any surrounding city in Florida, we can assist you. Let us use our experience to help defend your rights and obtain for you the best possible outcome under challenging circumstances.
In order to prove Vehicular Manslaughter, prosecutors must show that the offender caused the death of another by recklessly driving a motor vehicle. The statute includes the killing of a viable fetus. To prove the offense, prosecutors don't have to show that the offender intentionally caused the death. Additionally, they don't need to even show that the accused knew that his/her reckless driving resulted in death.
Generally, Vehicular Manslaughter, also known as Vehicular Homicide, is a second degree felony, punishable by up to fifteen years in prison and a $10,000 fine. There are instances when the offender can face a more severe penalty for this offense. For example, if the driver knew that the accident occurred and the person failed to render aid and/or provide information on the scene, as the law requires, then the offense may be reclassified as a first degree felony, punishable by up to thirty years in prison. Additionally, penalties for DUI Manslaughter can also be extremely severe.
There are numerous defenses available, depending on the specific facts of the case. It's important to seek legal help immediately. The Law Offices of Mark Eiglarsh have the experience needed to navigate these types of claims. It is prudent of you to call our offices, day or night, to begin your defense.