Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Court overturns juvenile's conviction for assault and battery
November 19, 2008
Topic: Criminal
The 2nd District Court of Appeals overturned the probation and order withholding adjudication of delinquency of a juvenile charged with assault and battery after the state failed to disprove an essential element the juvenile's defense. It was undisputed that G.T.J. (Juvenile) was outside of the Mr. Hernandes and Mr. Miranda's apartment when some altercation occurred. Additionally, both parties stipulated that a chase ensued between the Juvenile and Hernandes and Miranda and the Juvenile struck one of the victims with a pole and attempted to strike the with his belt. The Juvenile's defense was that he was that he was walking by the victim's house when they started to chase him. He attempted to flee the area but was pursued by the victims who brandished a knife. The Juvenile admitted that he struck the victims but he did so only in self defense in an attempt to further flee from the area.
The State failed to address the Juvenile's contention that he acted in self defense. When a defendant presents a prima facia case of self defense, the State's burden includes proving beyond a reasonable doubt that the defendant did not act in self-defense. Fowler v. State, 921 So. 2d 708, 711 (Fla. Dist. Ct. App. 2d Dist. 2006) This means that the state must overcome the defense by rebuttal or by inference in its case in chief. The evidence presented by the State did not rebut the testimony of the Juvenile regarding the aggressive conduct of the victims or the fact that they brandished a knife and gave pursuit in a threatening manner. Thus the State's evidence was legally insufficient to rebut the testimony of the Juvenile defense of self defense.
At the Arnold Law Firm, our legal staff includes two former prosecutors and one ex-public defender. That background is invaluable to you if your child is facing charges of a juvenile crime. The process is fast, so you have to move faster in securing the type of aggressive representation that we provide.
