Articles Posted in Gun Crimes in Jacksonville

State lawmakers are looking at adjustments to Florida’s strict 10-20-Life gun crimes laws, and a Jacksonville Gun Crimes Case is being touted as an example of why excluding “warning shot” cases may be beneficial. The state has been holding hearings about revisions to the controversial Stand Your Ground law, but is now focusing in on possible changes to the 10-20-Life law, according to a report on News4Jax.

The state law now provides the following minimum mandatory sentences for Jacksonville Gun Crimes:

 10 years for showing a gun during the commission of a felony  20 years for firing a gun during the commission of a felony  Life in prison for shooting someone on the commission of a felony

A Jacksonville man was arrested this month after police say he made up a story about being held at gunpoint by a woman. Andra Griffin was arrested and charged with making a false report to law enforcement about the commission of a crime, according to a report in the Florida Times-Union. Griffin is charged with a first-degree misdemeanor, punishable by up to a year in the county jail. Police said a man called 911 and said he was being held at gunpoint and gave the dispatcher a tag number to a vehicle, the newspaper reported. Officers ran the license number and it led them to a home on the Southside, but there was no man at the home, nor any evidence of any abduction, the newspaper reported. Police then determined the man who called 911 gave a false name and he was eventually identified as Griffin, the newspaper reported. Griffin was apparently mad at the woman and used the allegation to get back at her. Now he’s the defendant in a Jacksonville Misdemeanor Case and is the one who’s the subject of a police investigation.

By nature, Jacksonville Misdemeanor Crimes are less serious that Jacksonville Felony Crimes. Most importantly, a defendant cannot be sent to state prison on a misdemeanor and the maximum sentence is one year in the county jail. And there are many professions and employers that prohibit hiring people with felony convictions on their records but do not disqualify people with misdemeanors. But that certainly doesn’t mean the charges aren’t serious for the person facing the charges. In many Jacksonville Misdemeanor Cases involving false police reports, the defendant may be required to pay for the cost of the investigation and the time police spent working on what officers thought was a legitimate case. Prosecutors also don’t take kindly to people lying to police, so that may make it less likely for the state to offer a favorable plea deal to Griffin. These types of cases can often wind up going to trial, especially if the state is so dead-set on a sentence close to the maximum that there isn’t much difference in the punishment he could face is he lost at trial. In most cases, defendants take a plea agreement to limit their exposure to jail time. But in a Jacksonville Misdemeanor Case, with a year being the maximum anyway, the risk may not be as high.

Our Jacksonville Criminal Defense Attorney has represented hundreds of men and women charged with misdemeanors and has taken several to trial. If you or a loved one is charged with a Jacksonville Misdemeanor Crime, our Jacksonville Criminal Defense Attorney can explain the potential consequences and fully examine your case to help you make the best decision going forward.

Prosecutors have finally dropped murder charges against a 98-year-old woman who was found mentally incompetent to stand trial over a year ago. In doing so, Amanda Stevenson now has access to her retirement benefits that had been suspended due to pending charges and those funds can be used for a private long-term care facility where she can live, according to a report in the Florida Times-Union. The back and forth in this St. Johns County Murder Case highlights the fact that a case doesn’t just end once a person is found to be mentally incompetent to face the charges.

Stevenson was charged with second-degree murder in the 2011 shooting death of her nephew, with whom she had an ongoing dispute, the newspaper reported. A year later, Stevenson, who suffers from dementia, was found incompetent, but remained in jail while state agencies went back and forth as to who would be able to take care of her. In May, she was finally released from jail and placed in a mental health facility under the care of the state Department of Children and Families, the newspaper reported. In the motion dropping the charges, two doctors agreed that Stevenson was not going to regain mental competency, likely because of the stage of her dementia and her age, the newspaper reported. In many St. Johns County Murder Cases where mental competency is at issue, the person will be periodically evaluated to determine if competency can be regained – possibly through counseling or medication. The murder charge was punishable by up to life in prison. At 98, practically any sentence amounts to life in prison in this St. Johns County Murder Case.

But, as all of the legal wrangling was working itself out, her retirement benefits were frozen until the charges were formally dropped, the newspaper reported. Different pension and retirement plans operate differently. In terms of social security, payments are only supposed to be suspended when a person is convicted of a felony, not simply charged. But many state plans, for retired teachers or other state workers for example, and disability payments can be suspended once a person is jailed on charges. Part of the argument is that state and federal disability benefits are used to pay for living expenses and, if the person is incarcerated, the state is paying to take care of the person – regardless of whether or not the person has been convicted. Mental competency can be a serious issue, especially in St. Johns County Murder Cases, and the courts have complicated standards as to when a person is mentally able to stand trial – and when he or she is not. Our St. Johns County Criminal Defense Attorney can have your loved one evaluated by a mental health professional and present those findings to the court, if deemed necessary.

A Jacksonville judge was forced to declare a mistrial last month in the case of a Jacksonville Beach man charged with first-degree murder in the shooting death of his wife. Michael Morris is charged with shooting his wife seven times in the foyer of their home during an argument when both had been drinking, according to a report in the Florida Times-Union. Morris’ neighbor, an off-duty police officer, took Morris into custody and would not let the man back in his home after Morris said he wanted to use one of his 40 guns to kill himself, the newspaper reported.

The issue in this Jacksonville Murder Case isn’t really the crime itself, but rather the charge. The state charged Morris with first-degree murder, meaning the crime was premeditated. Now that doesn’t mean Morris needed to have plotted the shooting weeks or months in advance, but that in that moment when he pulled out his gun and shot several times he intended to kill her. With first-degree murder charges, there are only two possible sentences: life in prison or the death penalty. Because the state was not seeking the death penalty in this Jacksonville Murder Case, a conviction would have resulted in an automatic life sentence for Morris. But Jacksonville Criminal Defense Attorneys argued that Morris should have only been charged with manslaughter. Manslaughter is also a first-degree felony, but the maximum penalty is 30 years in prison. That would still essentially be a life sentence for Morris, 67, but the judge has discretion he or she doesn’t not have in a first-degree murder case. Manslaughter is basically a charge for when someone dies as a result of negligence or as part of another criminal act where there was no intent to kill. For example, manslaughter is commonly charged if two people get into a fight and the one is killed, perhaps from hitting his or her head on the concrete.

It’s impossible to know just how deadlocked the jury was in this Jacksonville Murder Case. For someone to be convicted of any crime in the state of Florida, the jury must be unanimous in its decision. So even just one person who disagrees – and stands his or her ground – can force a mistrial. In some Jacksonville Criminal Defense Cases, a mistrial opens the door to further negotiations and perhaps a plea agreement. In many Jacksonville Murder Cases, though, it adds to the defendant’s resolve, thinking the jury was close to finding the person not guilty. Our Jacksonville Trial Attorney knows every trial carries a significant risk. And although the charge is obviously very serious, that actually doesn’t hold as true in Jacksonville Murder Cases. If the only possibility is life in prison whether the person pleads guilty or goes to trial, why not take the case to trial? The risk factor in other cases varies tremendously and, having represented thousands of defendants on charges ranging from misdemeanors to life felonies, our Jacksonville Criminal Defense Attorney can lay out the options for you or your loved one to make the best decision going forward.

A man who hosted a Jacksonville house party and ended up allegedly shooting one of the guests during an altercation is now charged with attempted murder. Terrell Drew shot Timothy Davis in the head during a fight that started with an argument over Drew dancing with the Davis’ sister, according to a report in the Florida Times-Union. The two men argued inside the home and were pushing each other before Davis asked Drew to come outside so they could talk, the newspaper reported. Once the men got outside, Davis hit Drew several times and Drew pulled a handgun out of his waistband and shot him in the head, the newspaper reported. Drew told police he “felt threatened” by Davis and that’s why he shot the man, who was hospitalized following the shooting, the newspaper reported.

All that’s being reported right now is what Davis told police, so there isn’t really complete picture out there. But, it does sounds like another Jacksonville Gun Crimes case where elements of self-defense and Florida’s now infamous Stand Your Ground law could come into play. In Florida, if a person feels like they are in danger of being killed or suffering great bodily harm, they do not have to retreat and can use deadly force if necessary to remove the threat. The law and the requirements have become so ingrained in media coverage and the vernacular, that Drew even used the words in the law by telling police he “felt threatened.” One widely reported Jacksonville case involved a woman who fired a warning shot into the ceiling to scare of her abusive ex-husband. A judge ruled there was not an immediate threat because she walked into the garage to get the gun before firing it, concluding the woman started the confrontation again by coming back into the house with the gun.

This Jacksonville Gun Crimes case involving Drew does appear to have more of an immediate threat. Part of the issue will be if Drew really thought he and Davis were going outside to talk and then Davis attacked him. If that is true, Drew may have a more solid defense in this Jacksonville Gun Crimes case. However, if it was clear to both parties that the men were going outside to fight and then Drew pulled out a gun when he started losing the fight, Davis could have a more difficult time with his defense. Self-defense and Stand Your Ground defenses in Jacksonville Gun Crimes cases are analyzed very closely by the court, which is rightfully hesitant to allow people to shoot others unless it is absolutely necessary. But there certainly as circumstances where people have the right to protect and defend themselves and their property, Drew’s case will be interesting to watch as it unfolds and more facts become public.

A Jacksonville man was found guilty of six counts of aggravated assault for firing into the air and then in the direction of six people in front of his home last summer. Randal Ratledge was convicted last week and now faces a minimum mandatory sentence of 20 years in prison on each count, according to a report in the Florida Times-Union. The judge, however, could choose to run the Jacksonville Gun Crimes sentences at the same time, meaning Ratledge could be sentenced to the minimum of 20 years – even though he was found guilty on six counts. Ratledge is 56, so a sentence of much more than 20 years could essentially end up being a life sentence.

Ratledge was outside talking with friends and neighbors when he and his wife went inside, the newspaper reported. The couple began to argue and Ratledge then walked outside, shooting into the air and then in the direction of people until Ratledge eventually dropped the gun after a struggle and then went inside, the newspaper reported. Ratledge did not have a criminal record prior to this Jacksonville Gun Crime incident and his Duval County criminal defense attorney argued that Ratledge had a bad reaction with the sleeping pill Ambien and was not guilty by involuntary intoxication, the newspaper reported. The jury did not agree and convicted him after less than an hour of deliberations. The state had offered Ratledge a plea deal that would have allowed him to serve 10 years in prison, but he declined, the newspaper reported. The details of the offer almost certainly came from the state and are part of prosecutors now defending themselves from criticism on seeking minimum mandatory sentences too often on cases like Ratledge’s.

Under Florida’s 10-20-Life laws, there are minimum mandatory sentences established for crimes involving firearms. If a person shows a gun during the commission of a felony, a minimum mandatory sentence of 10 years could apply. If the gun is fired, the minimum is 20 years if convicted. And if someone is hit, it can trigger a life sentence. These are mandatory on a conviction. But the state can negotiate sentences below those numbers if prosecutors choose. They did in this Jacksonville Gun Crimes case, offering 10 years, though the defense obviously declined the deal. One thing to keep in mind for minimum mandatory sentences: defendants must serve every day of the sentence. In traditional sentences, people usually serve 85 percent of the sentence, so the 10 years is really more likely to be 8-1/2. Taking a case to trial will almost always up the ante for a potential sentence – especially in cases where a minimum mandatory applies. But, it’s also unlikely for someone to take 10 years in prison for something they may not believe they are guilty of. The stakes are high in Jacksonville Gun Crime Cases, and our Jacksonville Criminal Defense Attorney will lay out all of the options for you or your loved one so you can make an informed decision going forward.

A Jacksonville man is facing six counts of attempted murder after he allegedly unsuccessfully tried to grab an officer’s gun during a struggle, then his own gun went off inside a pawn shop, hitting an officer in the arm. Edward Garvin was charged with six counts of attempted murder, because there were six people in the store at the time, according to a report in the Florida Times-Union. He was also charged with aggravated battery, resisting an officer with violence and possession of a firearm by a convicted felon.

The attempted murder charges may be a bit of a stretch in this Jacksonville Gun Crimes Case, but it will be interesting to see how aggressively the state pursues those charges. Police don’t take kindly to people trying to steal their guns and seeing one of their own shot – and neither do prosecutors. What is clear by media reports is police had been looking for this family in connection to a string of burglaries and related pawn at nearby pawn shops, the newspaper reported. Garvin’s wife and daughter were both arrested at the scene and charged with one count each of burglary and armed burglary, along with two counts of dealing in stolen property. A store clerk recognized the family as the one police had contacted local pawn shops about and called police to the store, the newspaper reported. All three are being held in the Duval County jail while the case is pending. Armed burglary is a first-degree felony punishable by up to 30 years in prison. Burglary and dealing in stolen property are both second-degree felonies punishable by up to 15 years in prison. In an armed burglary case, the law states that a person is either armed or becomes armed during the burglary. For example, if someone breaks in to a home and steals a gun, they can be charged with armed burglary – that may or may not be the case in this Jacksonville Firearm Crimes case.

Police are now likely sorting through the family’s alleged criminal operation in this Jacksonville Gun Crimes Case, figuring out who is the mastermind and who will provide them with that information. Edward Garvin is already facing the most serious charges – thanks to trying to fight the police inside the store, so it would make sense that prosecutors would be willing to reduce charges or offer lower sentences for his wife and daughter to bring him down. But, given the paper trial of documentation needed these days to pawn things, police may not need any help and could aggressively go after all three in this Jacksonville Gun Crimes case.

Two men who at one point each passed along a stolen gun that was eventually ended up in the hands of a felon who killed a Clay County Sheriff’s deputy were both sentenced to seven years in prison last week. Robert Apple II and Jack Lemond both pleaded guilty to dealing in stolen property, according to a report in the Florida Times-Union. Two other men have the same charges pending, the newspaper reported. Dealing in stolen property in Clay County is a second-degree felony punishable by up to 15 years in prison.

Police said the .38-caliber pistol was stolen in Jacksonville in 2011 and was passed along by four different men in the next year, eventually making its way to Ted Tilley, the newspaper reported. Tilley, a convicted felon, used the stolen gun to shoot and kill detective David White during a raid on a meth lab in 2012, the newspaper reported. Tilley also wounded another deputy with the gun before police shot and killed him. The four men involved in this Clay County Gun charge are among a total of eight people who have been charged since White’s death. Three adults in the Clay County home at the time of the raid have been charged with murder, attempted murder and trafficking in methamphetamines, the newspaper reported. A juvenile in the home, 16 at the time, was also charged with third-degree murder in the Clay County Gun Crimes case. Prosecutors have been extremely aggressive in this case, charging everyone they can in connection to the death. The key in the Clay County Theft case involving dealing in stolen property is knowledge of the property being stolen. State law says that someone who either knew or should have known the property was stolen can be charged with dealing in stolen property. In this case, police have said all four men knew the gun was stolen. Two have pleaded guilty and it remains to be seen if the other two choose a similar path.

Now that the sentencing standard has been set in this Clay County Theft Case with Apple and Lemond, it will be interesting to see if the two remaining men end up pleading guilty as well. Typically, sentences are longer after a trial than they are if the person admits guilt and pleads guilty to the charges. All defendants have a right to a trial, but the price of a trial can be expensive in terms of a sentence. It is highly unlikely that a judge will give a lower sentence to someone who takes a case to trial than he or she gave to someone who pleaded guilty.

Two Jacksonville women convicted of shooting their niece are out of custody while awaiting their prison sentences, an uncommon occurrence in a Jacksonville Gun Crimes case. Joyce Williams was convicted of attempted murder and carrying a concealed weapon. She is facing between 25 years and life in prison when she in sentenced in June, according to a report on News4Jax. Her sister Joycelyn Glover was convicted of possessing a firearm as a convicted felon and faces at least five years in prison in this Jacksonville Gun Crimes case.

In many cases, defendants are out on bond before they go to trial. If they are convicted, the judge usually orders the person into custody immediately, especially in a Jacksonville Violent Crimes Case where people are facing significant time behind bars. Sentencings are typically delayed at least a month following a trial, but in most cases the defendant is in the county jail until the sentence is announced. That time in jail is then credited to the overall sentence, just as the time is when someone is awaiting trial if they have not bonded out. The decision of whether or not to remand a person immediately into custody is strictly the judge’s decision. The judge must weigh whether he or she deems the defendant to be a risk to take off and not report for sentencing. The decision is similar to one a judge must make in determining whether to set a bond in any Jacksonville criminal case.

The real number to pay attention to in a bond is 10 percent – that’s the amount of the bond needed to get a bondsman to post the bail for you or your loved one. So, is the bond is $5,000, it would take $500 to get out of jail. When setting a bond, the judge often includes some type of monitoring requirements, such as house arrest or restricting travel within the state of Florida. Being out of jail awaiting trial is obviously ideal for most defendants. It can allow them to continue to work, especially important if their case involved fines or paying restitution, which is common in Jacksonville Theft Cases. In this Jacksonville Gun Crimes case, it allows the sisters to make arrangements for family members and such or tie up any loose ends before they are sent to prison – one for at least 25 years, the other for at least five. Judges typically force the person into custody to eliminate the possibility of the person leaving town or committing another crime before they are sentenced. It will be interesting to see after this Jacksonville Gun Crimes sentencing if other local judges end up taking a similar path in terms of allowing people to report back for sentencing.

Minutes before a hearing on whether the state’s Stand Your Ground law would clear an elderly Jacksonville Beach man in the shooting death of man visiting his girlfriend, the 77-year-old opted to plead guilty to a manslaughter charge. Vannie Collier pleaded guilty this month to manslaughter, according to a report in the Florida Times-Union. The plea agreement calls for Collier to be sentenced to between five and 15 years in state prison and, as a result of the plea, the state dropped the second-degree murder charge for which Collier could have received life in prison.

Collier and the victim had a long-standing argument and police said Collier has displayed his gun and fired it in the air before because he did not like people walking in front of his home, the newspaper reported. Collier was set to have a Stand Your Ground hearing, claiming that he fired because he felt he was being threatened and was in fear for his life from the 38-year-old victim. Collier’s children in the courtroom audience urged him not to take the plea deal, and, when he asked for more time to think about it, prosecutors told him he had to take it or leave it, the newspaper reported. The notion that everyone has a right to a Stand Your Ground hearing may technically be true, but this case shows the leverage game prosecutors use and the true cost of a hearing. If Collier went through with the hearing, the plea deal would come off the table and his only options would be to plead guilty to second-degree murder or go to trial on that charge, where he faced a minimum of 25 years in prison and a potential life sentence. At 77, the 25-year minimum would likely equate to a life sentence because there is no gain time on a minimum mandatory sentence and Collier would be more than 100 years old at his scheduled release.

This move by prosecutors effectively limits Collier’s potential defense and typically ends up guaranteeing the state some sort of plea in the case, albeit one at a far reduced charge. Now, the state doesn’t have to negotiate in the first place, so there is nothing illegal about the move, but it is a common tactic of local prosecutors when they want to force the issue. If they had nothing to be afraid of on the Stand Your Ground motion, why wouldn’t they keep the offer open? Likely because they know the client will take the deal, as Collier did, and not risk what will amount to a life sentence. The plea limits Collier’s exposure and we’ll know next month how much time he will serve in this Jacksonville Gun Crimes Case. Our Jacksonville Criminal Defense Attorney has represented hundreds of clients and understands the ins and out of plea negotiations to be able to lay out all of the options so you or your loved one can make the best possible decision.