Articles Posted in Attorney Richard Ansara

It was a neighborhood dispute turned ugly. Even the defense attorney for one of those involved would concede his actions were criminal. But he insisted the more than five dozen phone calls, containing “disgusting and vile messages,” were misdemeanor rather than felony offenses.

A Palm Beach County jury agreed.

Now, rather than face up to five years in prison under F.S. 784.048 (3), felony stalking, he was convicted of a misdemeanor and sentenced to the maximum 60 days in jail – minus credit for three days already served.

The primary difference between felony stalking and misdemeanor stalking is the idea of a “credible threat.” Even the defendant’s attorney called him “jerk” and the content of the calls “disgusting.” But he chalked it up to the man’s “odd sense of humor.”
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Florida is fairly permissive with regard to firearm purchase and possession, but there is a major exception: Felons. In the state of Florida, it is illegal for those convicted of felonies to possess firearms and/or ammunition.

There are two general exceptions to this. The first is when a convicted felon has his or her civil rights restored AND firearm authority restored through the state Clemency Board. It’s not enough that one receives a general restoration of rights. In order to restore firearm authority, an application has to be filed, and there is a waiting period of at least eight years from the date the sentence expired. The second allowance is when the firearm qualifies as an antique gun per F.S. 790.001(1).

The definitions of “possession” and “antique” were central in the case of Wright v. Florida, in which a man convicted of being a felon in possession of a firearm and ammunition appealed that conviction in Florida’s 4th District Court of Appeal.
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Violations of probation in Florida can be extremely serious matters.

Many criminal cases are resolved through plea agreements that offer plaintiff an opportunity to avoid a lengthier jail or prison term by submitting to community control (i.e., probation). However, a person who does not abide by the terms of that probation could face severe repercussions – up to and including imposition of the full sentence they would have otherwise faced on the previous charges.

This is why probation violation cases need to be handled by an experienced criminal defense attorney. The stakes can be enormously high, and it’s not a risk you want to take.
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A father in Davie recently came under police scrutiny after he allegedly shot his 12-year-old daughter on accident while teaching her about gun safety. Police decided ultimately not to arrest him.

The girl was admitted to a local hospital with a gunshot to her left forearm, and the injury wasn’t considered life-threatening. The injury reportedly occurred when the father was trying to show her how to safely draw a firearm from his pocket.

Investigation is still ongoing, and while police haven’t charged him, that decision will be reviewed by the state attorney’s office. Other parents in similar situations have not evaded criminal charges.
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A mother and her two adult children were arrested after an apparent attempt at group shoplifting ended in violence, with two workers alleging they were spat on and battered.

The incident reportedly happened in Sunrise, where authorities arrested a 59-year-old woman, her 27-year-old son and her 20-year-old daughter.

According to news reports:
The family members allegedly began hiding items inside the 20-year-old’s pink purse. The trio then walked to the front of the store, where police allege they attempted to leave without paying for the hidden merchandise.
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Florida law enforcement and prosecutors are extremely tough on individuals whose alleged criminal activities are believed to have been committed in connection with gang activity.

F.S. 874.04 is the statute that governs gang-related offenses and enhanced penalties. A gang enhancement essentially boosts whatever the level of the underlying crime to the next degree of seriousness. So for example, a second-degree misdemeanor would be increased to a first-degree misdemeanor. That could mean an extra six months in jail. A third-degree felony, which would normally be punishable by a maximum five-year prison sentenced, is increased to a second-degree felony, punishable by up to 15 years in state prison.

In order to be considered a gang-related offense, there must be a finder of fact that defendant committed the alleged offense for the purpose of promoting, furthering or benefiting the interests of a criminal gang. In order for an enhancement to apply, prosecutors have to show beyond a reasonable doubt the activity was gang-related.
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A scorned paramour who posts nude images or video clips of an estranged ex-lover isn’t likely to deemed great dating material. But as of this moment, they probably won’t face criminal charges, at least in Florida.

That is almost certainly going to change very soon.

The practice, dubbed “revenge porn,” is the subject of SB 538, a measure on sexual cyber-harassment. Recently passed by the Florida Senate 38-2, the bill is on its way to Gov. Rick Scott’s desk for final approval. Most predict he will sign it.
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Dozens of cases linked to allegedly racist former ex-Fort Lauderdale police officers have been dropped by prosecutors, according to recent news reports.

As of this writing, 12 felonies, 19 misdemeanors and one juvenile case had been dropped, while another 20 were being analyzed. Each of these cases had one thing in common: One or more of the four officers accused of sending racist text messages and/or producing a racist homemade video were connected to the investigations.

Each of the defendants in the cases were black.
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There are tens of thousands of Floridians currently under community control – also known as probation – following conviction for a crime.

The standard terms of this control usually involve some type of regular meeting with a probation officer, no contact order with the victim, potentially a restitution order, routine drug testing and orders to steer clear of law violations.

Going against any one of these conditions can result in severe penalties – up to and including reinstatement of the full sentence. This is how someone with a suspended sentence can end up serving years in prison for failing a drug test.
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The Florida Supreme Court recently ruled all Florida juveniles convicted of homicide and sentenced automatically to life imprisonment must now be resentenced under a new law passed last year.

The ruling addresses the issue of retroactivity for Miller v. Alabama, which was a U.S. Supreme Court decision that barred life sentences for juvenile killers.

There are approximately 250 state prisoners in Florida currently serving life sentences for homicides committed before their 18th birthday. Legislators passed a law last year to conform to the Miller decision, but it was only applicable to murders committed after July 2014. For two decades prior, state law mandated juveniles convicted of first-degree murder should receive an automatic life sentence.
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