Florida Legal Article:
Attorney lawyer criminal defense Naples Florida
In Florida, criminal defense attorneys provide a valuable service in the state criminal justice system. The Constitution guarantees that each defendant accused of more serious crimes is entitled to legal counsel, and few would argue that having an experienced criminal defense attorney on your side can mean the difference between conviction and exoneration. At the least, criminal defense attorneys in Florida can often help clients negotiate for lesser charges and penalties.
The state of Florida breaks crimes into two broad categories: felonies and misdemeanors. The deciding factor in whether a crime falls into one category or the other is the potential punishment. Criminal defense attorneys in Florida will advise clients that laws providing for imprisonment of more than a year will put a crime in the felony category. If the potential punishment is for a year or less of jail time, however, the crime is categorized as a misdemeanor.
All Florida residents who have been accused of crimes are legally presumed to be innocent until proven guilty in a court of law, usually in Florida. A criminal defense attorney representing such a client will explain that this presumption means that the burden of proof rests upon the prosecuting attorney. He or she must convince the jury of the defendant's guilt. If the prosecutor fails to meet that burden of proof showing that the defendant is guilty, the defendant will go free.
To convict a person of a crime, the prosecutor must prove that all of the elements of a crime exist: that the defendant both committed the acts as outlined and had the intent described in the applicable statute. One example a criminal defense attorney in Florida might give is the crime of commercial burglary. Typically defined as entering a building belonging to another person, with the intent to commit either petty or grand theft (i.e. to steal) or any felony. In order to convict a person of this criminal offense, the prosecutor must prove three separate elements:
- That the defendant entered the structure.
- That the structure belonged to another person.
- That, at the time the defendant entered the structure, he intended to commit petty or grand theft or any felony.
If the prosecutor fails to prove any one of the elements, he or she will fail to convict the defendant of that particular crime.