Common Defenses to Criminal Charges in Florida: What Works in Court?

If you have been arrested for a criminal offense in Florida, it is a serious, life-changing situation, and you need the best defense strategy possible. As soon as you are charged with a crime, the prosecution starts to obtain evidence and build a case against you. If you are convicted, you will have to deal with repercussions that can negatively impact the rest of your life. Not only will you face fines, probation, and jail time, you will have a permanent criminal record that can damage your family and relationships, ruin prospects for education and a career, and keep you from obtaining benefits such as a student loan, a professional license, and housing and immigration benefits.

Common defenses to criminal charges vary, based on the circumstances of the case, but there are several frequently used by defense attorneys that work best in court. An experienced criminal defense lawyer will examine the facts of your case to find the approach that is most likely to increase the chances of a favorable outcome.

Defenses to Criminal Charges in Florida

The first thing to look at when planning your defense is the charges involved. Florida law categorizes criminal offenses as misdemeanors or felonies, based on severity of the crime. Misdemeanors, such as shoplifting or simple assault, are considered to be less serious crimes and carry lesser penalties than felonies, but they still can have serious repercussions, including up to one year in county jail, fines, and probation. Felonies are more serious crimes, such as drug trafficking, grand theft, or battery, and produce more severe penalties, including the potential for multiple years in state prison, steeper fines, and the possibility of mandatory minimum sentences. Florida has sentencing guidelines that judges follow, but the actual penalty for each case may vary based on factors that include prior convictions and the specific circumstances of the case.

The following are some of the most common defenses to criminal charges in Florida:

Lack of evidence. Prosecutors have the burden of proving every element of a crime, beyond a reasonable doubt. Your defense attorney does not have to prove that you were innocent, but only that the prosecutor’s evidence doesn’t prove guilt beyond a reasonable doubt. Defense attorneys do this by techniques such as challenging witness testimony evidence through cross-examination to show inconsistencies and challenging forensic evidence by questioning the chain of custody or reliability of testing methods. The purpose is to create reasonable doubt so a favorable plea can be negotiated or the judge or jury may dismiss the case or find you not guilty.

Rights violations. If your rights were violated or evidence was obtained through unconstitutional means, or if you were coerced to commit a crime under duress or due to entrapment, this evidence may be thrown out under the exclusionary rule. This includes:

• Evidence obtained through illegal search and seizure without a valid warrant or probable cause, or through violations of your Miranda rights. Law enforcement is required to inform you of your right to remain silent and your right to an attorney if questioned about the crime.
• Entrapment, if you were induced by police or government agents to commit a crime you would not otherwise have committed.
• Duress or coercion, if you commit a criminal act under the threat of severe injury or death.

Self-defense. It is justified to use force if you reasonably believe that the threat is immediate and real, you have a reasonable perception of danger that another person would share in the situation, and you do not use force that is excessive when compared to the threat posed.

Mistaken identity.  Defendants may argue they were wrongly identified as the perpetrator. Defense lawyers may show this by:

• Using alibis – The defendant was not at the scene because there is evidence to show they were somewhere else at the time of the crime, e.g., surveillance footage, cell phone records or testimony from others.
• Challenging eyewitness reliability due to factors like poor lighting or poor witness vision or stress.

Florida’s “Stand Your Ground” law. This law allows individuals lawfully present at a location and not engaged in criminal activity to use force, including deadly force. You do not have a duty to retreat if you believe it is necessary to use this force to prevent imminent harm or a forcible felony.

Insanity and Mental Issues. An insanity defense may be used if you have a severe mental illness or defect that prevents your understanding of your actions or appreciation of their wrongfulness. You may also use mental issues as a defense if your condition created impaired judgment or an inability to understand facts regarding criminal intent.

Lack of knowledge or intent. In cases where intent is required, such as fraud, defendants may argue they lacked knowledge or intent to commit the crime.

Regardless of the charge, your lawyer’s skill in defending you by gathering mitigating evidence and presenting it effectively is extremely important, with the goal of having your charges reduced to a lesser crime with a lesser penalty or being dismissed altogether.

Get Help from a Florida Criminal Defense Attorney

Both the United States and the state of Florida provide constitutional protections to individuals who have been arrested and taken into custody for questioning for being suspected of having committed a crime or offense. One of your first rights is to ask for an attorney who can make sure you are treated properly and help you avoid making mistakes that can give prosecutors a better case.

At Taracks & Associates, founding attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by challenging the credibility and reliability of the evidence against you and building a defense tailored to your individual situation.

Our firm provides the support you need, and we will answer your questions and keep you informed all through the criminal defense process. Remember, you are innocent until proven guilty. Our goal is to analyze your situation, determine the best way defend you against criminal charges, and aggressively fight for your rights and your freedom.

Call us today to get started building the best defense possible for criminal charges in Florida.