In Florida, battery is defined as actual and intentional contact with another person without permission (which may or may not cause bodily harm). Standard battery qualifies as a first-degree misdemeanor, and conviction may result in up to a year in jail time (or probation for up to a year).
In Florida, a charge of theft can be difficult for criminal defendants to understand, particularly in edge cases where the circumstances surrounding the purported theft are atypical. Quite often, defendants are confused as to how theft applies to situations in which an item is not so much stolen as it is accidentally possessed. To better understand the point at which mere accidental possession transforms into theft, it will be beneficial to examine the foundational Florida law concerning theft — let’s take a quick look.
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In today’s highly-mobile computing climate, our cell phones are just as likely to contain sensitive information – legally relevant and otherwise – as our home computers and file cabinets containing secured paper documents. That our cell phones have now become a repository of critical personal information is a simple and unavoidable reality, and courts in every state have wrestled with the issue of how to regulate law enforcement access to such information.
In common parlance, the terms “assault” and “battery” are often used interchangeably or together as a combined concept, as though the two are necessarily linked from a legal perspective – this is incorrect, however. Assault and battery are two separate and distinct legal claims. Though they are frequently seen together, they are not fundamentally connected as a matter of law.
Across the United States, drug laws tend to be implemented in a rather overbroad and strict manner, making it difficult for offenders to avoid a serious conviction in certain circumstances. Florida law presents unique difficulties in this regard. In the state of Florida, drug possession can lead to inflated charges of drug trafficking, even if you do not evidence an intent to sell, distribute, or otherwise transfer the drug to another person.
In the state of Florida, you are not required to consent to an officer’s search of your vehicle at a traffic stop – though the laws governing search and seizure are somewhat more complicated.