Weapons Charges

Published on: December 18, 2013

Palm Beach County Criminal Defense Attorney :: Lake Worth Man’s Instagram Selfies Leads to 142 Felony Charges

by Whittel & Melton, LLC

A 19-year-old Lake Worth man’s Instagram selfies caught the eye of a Palm Beach County Sheriff and eventually lead to his arrest.

The officer noted that the man had a criminal record that included grand theft, burglary and felony possession of a firearm, so the deputy apparently decided to look more closely at the pictures.

Police claim the problem was the man was posting very public pictures of him holding a gun. In the state of Florida, convicted felons are not allowed to possess firearms, and the 19-year-old is a convicted felon.

Authorities obtained a search warrant for his Lake Worth apartment and allegedly uncovered stolen jewelry, electronics and firearms, valued at nearly $250,000. According to reports, police uncovered numerous pieces of jewelry such as watches, charms, necklaces and loose diamonds, as well as two stolen firearms.

By the time police were done searching the man’s home, they had charged him with 142 felony counts of being in possession of a weapon or ammo.

Police allege that the man was the ringleader for a group called the “dinnertime burglars,” which they claim is responsible for dozens of burglaries targeting senior citizens in Palm Beach.

When filling out the arrest report, officers said they asked the man what his occupation was, and he allegedly replied “Thief.”

The man is currently behind bars with bail set at $60,000. His Instagram page is no longer active.

Social media sites, like Facebook, Twitter and Instagram, allow people to keep tabs on their friends, acquaintances, celebrities and even make new friendships. However, the convenience of being able to constantly stay connected to people comes with a price. In the case of social media, this means that someone is always watching, and that includes law enforcement.

Instagram allows you to post pictures of anything going on in your life and essentially anything that interests you. You can easily notify your friends and followers about everything from what meal you just ate to the new car you just purchased. It is very important to understand that electronic media is always being monitored and government agencies are quick to use technological advancements to observe and track any suspicious activities on the Internet.

Published on: September 26, 2013

South Florida Criminal Defense Lawyer :: Broward County Court Bailiff Charged with Armed Kidnapping, Sexual Battery

by Whittel & Melton, LLC

A Broward County court bailiff made his first appearance in court Wednesday after being charged with armed kidnapping, two counts of sexual battery and aggravated assault with a firearm.

Details of the case involving the 62-year-old man were not discussed during the bond court hearing. However, a prosecutor did note that the charges involve a “high level of violence.”

The hearing has been postponed until Thursday so that the man’s attorney can attend.
The Broward judge asked the man if he wanted a different judge since he is a familiar face in his court. However, the man declined a different judge.

The Plantation Police Department has yet to release an official copy of the arrest report.

The man was booked into the St. Lucie County jail at 2 a.m. Tuesday. In his initial court appearance, he explained that he has children and grandchildren in Port St. Lucie.

A judge in St. Lucie County ordered the man held without bail, and on Tuesday afternoon, he was transferred by bus to Broward County.
Sheriff’s officials claim they have opened an internal affairs investigation but have yet to
determine the man’s job status.

The accused has been a bailiff for the Broward County Sheriff’s Office since 1999.
While the details surrounding this man’s arrest are unknown at this point, the charges he faces are quite severe. An armed kidnapping charge is classified as a first-degree felony punishable by up to life imprisonment. Sexual battery and aggravated assault with a firearm are also felony charges in Florida. Punishments for these crimes vary based on the evidence brought forth by prosecutors.

If you or someone you love is facing serious criminal charges in South Florida, you must immediately seek assistance from an experienced criminal defense attorney. A Broward County Criminal Defense Lawyer can help guide you through the legal process, clarify your options, and assemble the most robust possible defense on your behalf.

Published on: January 19, 2012

Florida Statewide Aggravated Assault Defense Attorneys Whittel & Melton :: Law Student Accused of Firing Shots at His Roommate and Threatening His Ex-Girlfriend

by Whittel & Melton, LLC

A Florida Ave Maria law school student is being held on $1 million bond after police claim he supposedly pointed a gun at his ex-girlfriend and fired shots at his roommate.

The 25-year-old student was charged Friday with attempted murder and aggravated assault with a deadly weapon.

According to the Naples Daily News, the man allegedly forced his roommate and ex-girlfriend to their knees on the street while pointing a gun at them. The woman apparently ran to the apartment to call the police, while the man fired several shots in the air.

The man allegedly ordered the roommate to his feet while pointing the gun at him. According to reports, no one was injured.

The man is scheduled to make his next court appearance on Feb. 6.

Aggravated assault can be defined as the use of intentional force that puts another individual in fear of impending danger. Certain circumstances can elevate this crime to be considered aggravated including:

 Use of a deadly weapon
 Assault against a family member or relative
 Assault against a police officer
 Assault that results in serious bodily injury
The use of a deadly weapon is not limited to a gun, and may include any type of instrument capable of bringing about serious bodily injury or harm. In the State of Florida, aggravated assault with a deadly weapon is a third-degree felony carrying consequences of up to five years in prison. However, if a person is charged with aggravated assault with a firearm a mandatory minimum sentence of three years in prison must be enforced.

For an aggravated assault with a deadly weapon charge, the State does not have to prove that you harmed another person or that you even made physical contact with the person. If it can be shown that you had the ability and the intent to inflict harm on another person, then you can be charged with this crime. In fact, simply threatening someone with a dangerous device, with an apparent ability to carry out the threat, can result in an aggravated assault arrest.

The Florida Aggravated Assault Defense Attorneys at Whittel & Melton work with investigators and related experts to exhaust all probable defenses to get your aggravated assault charges dismissed. There are numerous defenses that may be grounds for challenging the accusations including self-defense, provocation, defense of your property and defense of a third person. In addition, any faults with evidence must be exposed. Our attorneys can work to uncover any unlawful search and seizure issues as well as any conflicts with evidence or witness testimony.

Published on: January 10, 2012

Tampa Firearms Defense Lawyers Whittel & Melton :: Police Suspect a New Year’s Eve Celebration Gun Shot May Have Resulted in a Boy’s Critical Injuries

by Whittel & Melton, LLC

Florida authorities believe that a 12-year-old boy may have been critically wounded on New Year ‘s Eve following a celebratory gunshot supposedly fired into the air miles away.

According to reports, the boy and his family were outside their home enjoying the fireworks display around 1 a.m., when the boy fell to the ground bleeding from his eyes and nose.

The boy’s family, unable to determine the cause of bleeding, rushed the boy to South Bay Hospital where doctors confirmed a bullet had entered the top of his head. He was transferred to Tampa Bay General Hospital where he remains in critical condition with the bullet still inside his head.

No reports of gunfire nearby were reported, but police suspect the boy was hit by gunfire falling from the sky from miles away.

Police are questioning people in the surrounding area in an effort to figure out who pulled the trigger.

A Spokesman for the Hillsborough County Sheriff’s Office calls the act irresponsible and said the crime carries felony consequences.

The illegal discharge of firearms is banned within city limits and prosecuted rather vigorously in Florida. So-called “celebratory gunfire” is considered reckless and when a stray bullet lands it can result in serious injuries. When a gun is fired up in the air it can be very difficult to trace where the shot was fired from. Where a randomly fired bullet lands depends on the angle of the trajectory it was fired at. Generally, the lower the trajectory, the faster the bullet, and it could fall from several thousand yards away.

In some areas of the world, celebratory gunfire is a tradition and it is acceptable to set off destructive devices in celebration of weddings, anniversaries and other such festivities. Randomly firing a gun in a public place is a felony in only a few states, and in Florida it is a misdemeanor offense. Studies show that the possibility of death from a bullet shot in the sky is far greater than other gunshots because they cause head injuries 80 percent of the time.
Strict Florida laws prohibit anyone from knowingly and willingly discharging a firearm in a public place, which includes public roads, streets, highways, a vehicle, private residence or any other occupied dwelling. Any individual that does discharge a weapon in a public place or inside a residence can be charged with first-degree misdemeanor punishable by up to one year in jail. Likewise, if a person discharges a firearm from inside a vehicle, within 1,000 feet of another person, they will face a second-degree felony carrying consequences of up to 15 years in prison.

If you think you may be charged with a weapons offense in Florida, it is important to understand that the State takes these charges quite seriously. There are numerous weapons crimes that can be committed and criminal history, the type of firearm used and the person’s intent can all play a role in determining the charge. It is very important for anyone that could potentially be charged with a weapons offense to contact a Florida Firearms Lawyer immediately to discuss your options. The Florida Firearms Defense Lawyers can start building an aggressive defense for you right away, so it is crucial to the outcome of your case to act fast.

Published on: August 17, 2011

Tampa, FL Juvenile Criminal Defense Attorneys Whittel & Melton :: Teen Arrested in High School Bomb Scheme

by Whittel & Melton, LLC

A 17-year-old expelled Tampa student was arrested after police allegedly found the boy in possession of bomb-making materials and a diary with step by step instructions detailing how to carry out a bomb plot supposedly planned for the first day of classes.

The boy was arrested and charged with threatening to throw, project, place or discharge a destructive device.

Police allegedly received a tip about the boy’s supposed plot on the morning of Aug. 16.

Authorities searched the boy’s home and apparently found shrapnel, plastic tubing and timing and fusing devices. A diary was captured by police that allegedly included targeted administrators, drawings of the high school and statements about killing.

According to the Tampa Police Department’s Regional Bomb Team, the amount of materials found in the boy’s home had the potential to have multiple casualties.

Police believe the boy was acting alone.

The boy could face additional charges of possession of bomb-making materials as well as cultivation of marijuana after police supposedly uncovered plants, drug paraphernalia and marijuana in the boy’s room.

According to TBO.com, the boy was recently arrested for burglary with a stolen firearm.

The juvenile was expelled from the high school in Spring 2010 for an unknown off-campus incident. The youth was taken to the Juvenile Assessment Center. It is not yet known whether or not the State Attorney’s Office will charge him as an adult.

With such serious alleged claims found in the young man’s diary, it will be interesting to see what route the prosecution decides to take. Given the boy’s age in combination with the seriousness of the allegations, he appears to have a high chance of being subject to adult court.

After a petition is filed, a judge must decide whether a minor is tried under the juvenile court system or pushed through to the adult criminal justice system. There are many aspects a judge considers before making the decision to transfer a juvenile to adult court, including the youth’s previous criminal record, whether the alleged offense was violent or carried out with intent, the seriousness of the crime in combination with the community’s safety, whether or not any victims were physically injured, the maturity of the juvenile and finally, if the juvenile would be better rehabilitated through the juvenile system or through the resources available in adult court. The juvenile justice system’s main focus is on rehabilitating a minor accused of a criminal offense and is partly based on the adult criminal justice system. The adult court system is intended simply to seek justice for the victim and punish the offender.

In serious cases, such as crimes of violence where a weapon was used, prosecutors will most likely attempt to waive up a youthful offender to adult court which will expose the minor to adult treatment and penalties. In Florida, a person that threatens to throw, project, place or discharge a destructive device, such as a bomb will be charged with a second-degree felony. The punishment for a felony of this caliber could result in up to 15 years in prison.

It is important to remember that a juvenile offender has the same rights as an adult accused of a crime. The right to remain silent, the right to legal counsel and the right to cross-examine witnesses are included in these legal rights. The educated Florida Criminal Defense Lawyers at Whittel & Melton can best direct you on how to fight for your child to remain in the juvenile court system.

Published on: July 13, 2011

Pasco County Criminal Defense Lawyers Whittel & Melton :: Police Searching for Man Allegedly Involved in Wesley Chapel Shooting

by Whittel & Melton, LLC

A Zephyrhills, Florida man is being sought on a charge of attempted second-degree murder by the Pasco County Sheriff’s Office for his supposed involvement in an alleged playground shooting in Wesley Chapel. This marks the third shooting to occur in the Wesley Chapel, FL area within about a week.

According to investigators, the 30-year-old man allegedly shot a 20-year-old in the stomach after the pair met at a community playground on June 28 for a prescription drug deal. The victim suffered wounds to his abdomen.

The man sought was arrested earlier last month for a marijuana charge and was released the following day after posting bond. Records show the man served prison time for cocaine and grand theft charges.

A day before the playground shooting occurred, a Wesley Chapel man was shot in the face while allegedly selling prescription medications from his house. A masked man supposedly entered the man’s home and shot him; the man’s injuries were not believed to be life-threatening. No arrests have been made regarding this incident, reports show.

In another shooting that occurred on June 21, a 29-year-old man has been arrested and charged with attempted second-degree murder and aggravated assault. The man allegedly shot three rounds at a moving vehicle after an argument took place at a neighborhood basketball court. His bail was set at $350,000.

Attempted second-degree murder is a serious offense; along with hefty time behind bars you could have an attempted murder conviction on your record. In the state of Florida, attempted second-degree murder is considered a second-degree felony that carries a maximum penalty of 15 years in prison. However, if a firearm is used in the charge of an attempted second-degree murder, the penalties increase drastically. A gun escalates the charge to a first-degree felony punishable by a maximum of 30 years in state prison if the gun is discharged. This includes a mandatory minimum of 20 years in prison under Florida’s 10-20-Life.

Attempted second-degree murder can be difficult for the State to prove all the elements associated with the crime, which makes some cases very defensible. To prove the crime, the prosecution must show the actions of the accused were dangerous enough to cause the death of another, not that the accused had the intent to kill. In many scenarios attempted second-degree murder is overcharged; the experienced Criminal Defense Lawyers at Whittel & Melton will work to lower your charge. Some cases can be reduced to aggravated assault or misdemeanor battery. The facts of every case are different.

Remember self-defense laws can apply and protect you from an attempted second-degree murder charge. Florida’s law of Stand Your Ground says that you have the right to protect your life or the life of another if you have the reasonably belief either is in danger. This can include using lethal force if you feel you have no other way of protecting yourself or another.

Published on: April 26, 2011

Ocala, Florida Criminal Defense Lawyer :: Marion County Convicted Felon Jailed for Elderly Abuse and a Slew of Other Charges

by Whittel & Melton, LLC

A 29-year-old Ocala, Florida man was booked into Marion County jail shortly before noon on Thursday on charges including elderly abuse, theft from a person over 65 and possession of a firearm by a convicted felon. The man allegedly admitted to locking up an older man on his property and kicking him out of a car and leaving him injured on the side of the road.

According to the Ocala Star Banner, a Sherriff’s deputy went to Ocala Regional Medical Center on April 5, 2011 to interview a 70-year-old man who told the official that he and his 40-year-old wife of 18-years had moved to Ocala in October 2010. The man was supposedly taken to Shands at the University of Florida in Gainesville in January, where he was treated for a medical condition and then released to a nursing home.

The man’s wife allegedly removed him from the nursing home later that month and moved him into a shed in Ocala, which he said had no running water.

The man supposedly told police his wife handled his money and had exchanged his debit card and food stamp card to the 29-year-old Ocala man for his living in the shed. The elderly man said his wife has a drug habit and the Ocala man is an alleged drug dealer.

The elderly man’s wife was stopped by police in February for a traffic violation where she was arrested on a violation of probation warrant out of Maine. She was extradited to that state.

The elderly man told police that once his wife was gone the Ocala man supposedly held him hostage and threatened him with a firearm. The elderly man said that on one occasion he requested his debit card and food stamp card back from the Ocala man while riding as a passenger in his car. The Ocala man allegedly became so angry he stopped the car, pushed the elderly man out, poured beer over his head and left him on the side of the road.

A passer-by saw the elderly man in the road and took him to a nearby store. The police were called and he was taken to ORMC. The elderly man was unable to identify the Ocala man by his real name and did not know the exact location of his home. The elderly man later identified the Ocala man through a photographic line up.

A search warrant was obtained for the Ocala man’s home where police found items such as a gun and some drugs. The Ocala man allegedly admitted locking the elderly man up on the property, and kicking him out of a vehicle.

He was arrested and officials say there could be more charges pending.

If you are a convicted felon in Florida, your right to bear arms is restricted and it is unlawful for you to possess a gun. If you were convicted outside of Florida of a felony that carried a sentence of one or more years behind bars, you cannot gain eligibility to possess a gun in Florida. Additionally, if you were convicted as a minor of an act that would have been a felony charge had you been tried as an adult, you cannot own a gun. If you are found to have a firearm in your home, vehicle or on your person, you could face prison and parole violation charges.

Under Florida Statute Section 790.23, a prosecutor can challenge that you possessed a firearm or weapon either through actual possession or constructive possession. Actual possession means that the firearm was found on your person, while constructive possession is when a weapon was found in your house or vehicle. The charge of felony possession of a firearm is a third degree felony punishable by up to five years in prison. Likewise, if the prosecutor can prove actual possession then the offense carries with it a three year minimum mandatory prison term.

Published on: December 17, 2008

Two Fort McCoy men charged with stealing 16 guns from home

by Whittel & Melton, LLC

Sheriff’s detectives arrested two juveniles Friday night in connection with a home burglary where 16 guns were taken from a Fort McCoy home. The Ocala Star Banner reports that the juveniles lived down the street from the burglarized home.

Not long after the burglary was reported, detectives talked with witnesses who told them they heard gunshots in the neighborhood and saw one of the juveniles firing shots into a tree. One woman said she saw a car pull into the juvenile’s driveway and believing it was strange, she wrote down the tag number, which she gave to detectives. Detectives tracked down the car’s owner who lead them to the perpetrators.

The guns, valued at nearly $17,000, included rifles and handguns. The boys were charged with armed burglary and grand theft, and one of the accomplices was also charged with possession of a firearm by a convicted felon.