Criminal Law FAQs

Q: What Are The Types Of Robbery?
A: There are several types of robberies prohibited by the Florida Statutes. In general, robbery is taking the property of another by using force or a threat. Purse snatching is an example of one of the less serious forms of robbery. There are also factors which can make simple robbery, a second degree felony, more serious. For example, wearing a mask, using a weapon, or using a gun increase the level of offense. If enough factors are present (for examples, wearing a mask and using a gun) robbery can become a life felony.
Q: How Do I Clean Up My Record?
A: Just because your case has been resolved doesn’t mean the work of your attorney is done. Even if the charges were dropped there is a record of your arrest. If the charges against you were dropped, you may be eligible to have your record expunged. If you were given a withhold of adjudication you may be eligible to have them sealed. Once your arrest is expunged or sealed you can even deny the arrest ever occurred legally in most circumstances.

EXPUNCTION If your charges were dropped by the State or dismissed by the Court, you have never been adjudicated guilty of a criminal offense and you have no pending cases you may be eligible to expunge your record. This does not happen automatically, your attorney must file a motion. If the motion is granted the files on your case will be destroyed. If adjudication was withheld on your case, you have never been adjudicated guilty of a criminal offense and you have no pending cases you may be eligible to seal your case. As with expunction, you must file a motion to make this happen. If your case is sealed the public will not have access to your file.

Q: What Are The Different Types Of Murder Charges?
A: There are several forms of murder prohibited by Florida law. Third degree murder involves encouraging someone to commit a crime which ultimate leads to a death. Second degree murder is killing without premeditation (sometimes referred to as “in the heat of passion”). First degree murder is the premeditated killing of a human being. Florida still has the death penalty, which can only be given for first degree murders. There can be a fine line between first and second degree murder, and also a fine line between second degree murder and manslaughter. In most murder cases emotions run high and the stakes can literally be life or death. It is essential that someone charged with murder have the very best legal defense available.

Josh Faett, Esq.

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