Criminal Law

Sex crimes are arguably the most damaging charges to a person’s reputation because of the stigma that is associated with such a crime and its everlasting effects. Once a person is accused of a sex crime, irreparable damage to that person’s reputation and personal and professional relationships will result—notwithstanding the outcome of the case. If you are charged with a sex crime, your future is at stake, and you require the assistance of an experienced defense attorney to handle this matter—so that it causes the least amount of permanent damage to your reputation as possible.

At the law office of Weiss, Grunor & Barnett, we have successfully defended our clients charged with a variety of sex crimes. We have defended our clients against many false, disproportionate, and misleading allegations that arose from intimate and domestic relationships. The attorneys at Weiss, Grunor & Barnett are experienced in defending these false allegations so that our clients can lead normal lives with their reputations in tact after this criminal matter is resolved.

We are prepared to defend you in the following non-exhaustive list of sex crimes including:

• Sexual assault and battery (rape)
  • Under Florida Statute section 794.011(1)(h), sexual battery is defined as: “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”
  • Under Florida law, if you are charged and convicted of sexual battery/rape, you can be facing a very serious felony that can lead to a minimum of 15 years to a life sentence in prison. Additional penalties may include having to list your name on the Florida Sex Offender Registry, which can affect where you live and what jobs you can take.
  • Due to the nature of sexual battery, prosecutors will often times seek the maximum penalties—especially depending upon the age of the victim, the mental capacity of the victim, the intelligence of the victim, the surrounding circumstances, and a variety of other factors leading up to the encounter.
  • However, the attorneys at Weiss, Grunor, & Barnett have vast amounts of experience in this challenging area of criminal law where often times the encounter is a rendition of “he said she said.” As a team, we will defend your case to obtain a dismissal of charges or reduction in the sentence so that our clients avoid having to register as sex offenders for the rest of their lives.

• Possession of child pornography
  • Under Florida Statute section 827.071(4): “It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. The possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote. Whoever violates this subsection is guilty of a felony of the second degree.”
  • Under Florida Statute section 827.071(5)(a): “It is unlawful for any person to knowingly possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession, control, or intentional viewing of each such photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation is a separate offense. . . punishable by a felony of the third degree.”
  • The child pornography statutes in Florida and in federal court are extremely harsh due to the obligation of the state and federal government to protect children and the vulnerable.
  • As a result, if you are charged with such a sex crime and subsequently convicted, you will very likely have to register as a sexual offender or as a sexual predator for the rest of your life. If you are required to register as a sexual offender or sexual predator, this will restrict where you can live and where you can work for the rest of your life.
  • The attorneys at Weiss, Grunor, Barlcay & Barnett have vast experience in this challenging area of criminal law where we can defend your case to obtain a dismissal of charges or reduction in the sentence so that our clients avoid having to register as a sex offender.

• Internet sex crimes
  • Although this is a novel area of law, the attorneys at Weiss, Grunor & Barnett make it a priority to stay current with the statutes and case law in the area of Internet sex crimes.
  • Our attorneys know how social media, emails, text messages, pictures, etc. can play a roll in your case, how evidence can be collected, and how the evidence can be used against you.
  • If you have been charged with an Internet sex crime for traveling to meet a minor, lewd and lascivious behavior, possession of child pornography, distributing child pornography, and more, do not wait to call us today. If you are charged with a sex crime and subsequently convicted, you will very likely have to register as a sexual offender or sexual predator for life.

• Traveling to meet a minor
  • Under Florida Statute sections 847.0135(4)(a)–(b), any person who travels to Florida, from Florida, or within Florida, using the Internet to lure the minor to meet for the purpose of engaging in an unlawful sexual act with the minor, commits a second degree felony.
  • Under Florida law, if you are charged and convicted of traveling to meet a minor, you can be facing a very serious felony that can lead to a minimum of 15 years to a life sentence in prison. Additional penalties may include having to list your name on the Florida Sex Offender Registry, which can affect where you live and what jobs you can take.
  • The attorneys at Weiss, Grunor & Barnett have been at the precipice of defending those charged with traveling to meet a minor, and have the experience to handle cases involving sex crimes and Internet sex crimes. We are up to speed on the most current case law and statutes in this challenging area of law, and will be the best defense for your rights.

• Prostitution and solicitation of prostitution
  • If you have been charged and/or arrested for prostitution or solicitation of prostitution, it is imperative that you seek the advice of an experienced attorney to ensure that your rights are protected.
  • Whether you have been charged for purportedly seeking to hire a prostitute, help another person hire a prostitute, offering sexual acts for money, a business that provides sexual services, or transporting another to a place that provides sexual services, the severity of such a conviction can be harsh and life-changing.
  • Under Florida Statute sections 796.07(2)(a)–(i), it is unlawful to operate building for the purpose of lewdness or prostitution; it is unlawful to offer or agree to allow another to engage in prostitution or indecent act; it is unlawful to bring a person to a building where prostitution will take place; and it is unlawful to engage in prostitution and solicit prostitution.
  • At Weiss, Grunor & Barnett, we have avid experience defending those charged with a variety of prostitution cases, which include: prostitution, solicitation of prostitution, loitering with an intent to commit prostitution and pandering; and deriving support from the proceeds of prostitution. We are up to speed on the most current case law and statutes in this challenging area of the law, and will be the best defense for your rights.

• Unlawful sexual activity with minors/Lewd or Lascivious Battery
  • In the legal field, statutory rape is known as unlawful sexual activity with minors or lewd and luscious battery. Such a charge criminalizes even consensual sexual intercourse with minors.
  • Under Florida Statute sections 800.04(4)(a)–(c): lewd or lascivious battery is defined by a person engaging in sexual activity with a person 12 years of age or older—but less than 16 years of age or encouraging or forcing any person less than 16 years of age to engage in sexual activity. If a person commits lewd or lascivious battery, they will be charged with a felony of the second degree, unless the offender (18 or older) previously committed lewd or lascivious battery—then this person will be charged with a felony of the first degree.
  • This is a very serious offense that can have life-changing consequences if not defended properly. At Weiss, Grunor & Barnett, we have avid experience defending those charged with a variety of lewd and lascivious battery cases, often times including: lewd or lascivious molestation, lewd or lascivious conduct; and lewd or lascivious exhibition. We are up to speed on the most current case law and statutes in this challenging area of the law, and will be the best defense for your rights.

If you are convicted of any type of drug charge, the consequences can be extremely severe to where a criminal record may follow you for the rest of your life. Drug crimes are extremely prolific and prosecutors are motivated to charge you to win convictions in these sort of cases. Prosecutors also have unlimited resource to find the evidence they need to prosecute your case.

When the government is working hard to prosecute your case, you need experienced attorneys defending your case just as diligently so that you are not harmed by the consequences of a criminal record. The attorneys at Weiss, Grunor & Barnett are here to ensure that you are provided with the best defense team fighting for your rights in a variety of drug crime cases.

Our attorneys have the experience defending a litany of drug charges including: possession/sale and delivery of drugs; possession of drug paraphernalia; trafficking in a controlled substance; drug distribution; drug manufacturing; and drug dealing. We also handle cases involving illegal controlled substances and prescription drugs. Due to our vast understanding and background of drug charges, we have developed a proactive approach in defending your case. Please contact us today at (407) 843–3990.

Possession of Drug Charges

In Florida, it is considered a crime to possess any amount of a drug including marijuana, cocaine, GHB (Gamma-Hydroxybutyric Acid), heroin, Ecstacy (MDMA), methamphetamine, and synthetic drugs. It is also a crime to sell and deliver prescription drugs without a prescription from a doctor, including: hydrocodone, oxycodone/OxyContin, and Xanax/Alprazolam, without a valid prescription.

If you are found in possession of a certain drug, the penalties can vary depending on the type of drug found in your possession and the quantity of the drug. Below is a list of drugs and the type of penalties you may face if found with that drug in your possession.

• Possession of Marijuana
  • Marijuana is not legal in Florida, and so it is a crime to possess any quantity of marijuana. However, depending on the amount you possess when caught, you can be charged with either a misdemeanor or a felony.
  • If you are found possessing less than 20 grams of marijuana, this is considered a first degree misdemeanor. If you are convicted of possessing less than 20 grams of marijuana, then a judge may impose any combination of the following penalties:
    • One year of probation,
    • One year in jail, or
    • A fine of up to $1,000.
• If you are found in possession of more than 20 grams of marijuana, then you can be convicted of a third degree felony. If you are convicted of possessing more than 20 grams of marijuana, then the judge may impose any combination of the following penalties:
  • Five years of probation,
  • Five years in prison, or
  • A fine of up to $5,000.
• If you are convicted with possessing marijuana, you face the potential of having your driver’s license or driving privilege suspended for one year under Florida Statute section 322.055.
• However, at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession charges dismissed. Some of the strategies we will utilize is using discovery to investigate whether the police officer has probable cause for making the arrest or to search your person, car, or home. We will also investigate whether the police officer violated any of your constitutional rights from conducting an illegal search and seizure in order to obtain a conviction. Please contact us today at (407) 843–3990 to find out more ways we can help you defend your case.

• Possession of Cocaine
  • In Florida, it is a third degree felony to possess any amount of cocaine. Due to these severe consequences of possessing any amount of cocaine, it is imperative that you know the penalties for cocaine possession. If you are convicted of possessing cocaine, the judge may impose any combination of the following penalties:
    • You can spend up to five years in prison,
    • You could serve up to five years of probation, and/or
    • You may have to pay up to $5,000 in fines.
• Additionally, if you are convicted of the crime of possession of cocaine, your driver’s license or driving privilege will be suspended for one year under Florida Statute section 322.055.
• However at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession charges dismissed. Some of the strategies we will utilize is using discovery to investigate whether the police officer has probable cause for making the arrest or to search your person, car, or home. We will also investigate whether the police officer violated any of your constitutional rights from conducting an illegal search and seizure in order to obtain a conviction. Please contact us today at (407) 843–3990 to find out more ways we can help you defend your case.

• Possession of/Trafficking in GHB (Gamma-Hydroxybutyric Acid)
  • In Florida, Gamma-Hydroxybutyric Acid (also known as GHB), is considered a Schedule I controlled substance. GHB is known to have a high abuse rate and there is presently no accepted medical use for it in the United States.
  • If you are found with even less than one kilogram of GHB, you may be charged with a third degree felony. Additionally, if you are found in possess of one kilogram or more of GHB, you will be charged with trafficking in GHB. Most importantly, the weight of GHB is not determined by how much pure GHB is in the mixture, but by how much the mixture containing GHB weighs.
  • Therefore, you could have a concoction that may contain less than one kilogram of pure GHB, but due to the fact that the concoction’s total weight equates to more than one kilogram, you can be charged and found guilty in Florida of the crime of trafficking in GHB  and subject to a mandatory minimum prison sentence of any of the combination of the following:
    • Up to five years of probation,
    • Up to five years in prison, and/or
    • A fine of up to $5,000.
• Additionally, if you are convicted of the crime of possession of GHB or trafficking in GHB, your driver’s license or driving privilege will be suspended for one year under Florida Statute section 322.055.
• However, at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession and/or trafficking charges dismissed. In addition to the traditional defenses of investigating whether the police officer had probable cause in conducting the search or in making the arrest and whether the police officer violated any of your constitutional rights in conducting the search, there are also specific defenses to possession of/trafficking in GHB. Such specific defenses include:
  • Lack of Knowledge—If you can prove that you did not know that the GHB substance was in your possession or you did not know of GHB’s  illegal nature, then this is a valid defense to get this possess or trafficking charge dismissed.
  • Overdose Defense—If you overdosed due to GHB and are in need of medical assistance, then you are immune from being prosecuted for possession or trafficking of GHB if it can be established that the evidence obtained from the overdose was a result of the overdose episode, and that cannot be used against you.
  • Prescription Defense—Although rare, there are some people who are actually prescribed GHB. If you can produce a valid GHB prescription prior to your arrest, then this will serve as an absolute defense to your GHB charge.

• Possession of  Heroin
  • In Florida, if you are found possessing any amount of heroin—even including a bag or spoon with heroin residue, it is a third degree felony.
  • If you are charged and convicted of felony possession of heroin, the judge may impose any of the following penalties:
    • Five years in prison,
    • Five years of probation, and/or
    • A fine of up to $5,000.
• Additionally, if you are charged and convicted of felony possession of heroin, you may have your driver’s license or driving privilege suspended for up to one year under Florida Statue section 322.055.
• However at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession charges dismissed. Some of the strategies we will utilize is using discovery to investigate whether the police officer has probable cause for making the arrest or to search your person, car, or home. We will also investigate whether the police officer violated any of your constitutional rights from conducting an illegal search and seizure in order to obtain a conviction. Please contact us today at (407) 843–3990 to find out more ways we can help you defend your case.

• Possession of/Trafficking in Ecstacy (MDMA)
  • Although more commonly known by its street name—Ecstacy, the drug is scientifically identified as MDMA or 3,4-Methylendioxyamphetamine. Ecstacy is a significantly addictive and hallucinogenic substance, and has a huge potential for abuse. Furthermore, there are presently no accepted medical uses for Ecstacy in the United States.
  • In Florida, if you are caught possessing less than ten grams of Ecstacy, you can be charged with a third degree felony. However, if you are found possessing ten grams or more of Ecstacy, you will be charged with the crime of Trafficking in MDMA.
  • Most importantly, and similarly to how GHB is weighed, the weight of Ecstacy is determined by how much the Ecstacy pills weigh rather than how much pure Ecstacy/MDMA is contained in the pills. Therefore, you could have some Ecstacy pills that weight less than 10 grams of pure Ecstacy; however, due to the fact that the pills collectively weigh more than ten grams, you will likely be convicted for the crime of Trafficking in MDMA under Florida law. As a result, the judge is required to subject you to a mandatory minimum prison sentence, which can include any combination of the following:
    • Five years in prison,
    • Five years of probation, and/or
    • A Fine of up to $5,000.
• Additionally, if you are convicted of the crime of Possession of MDMA or Trafficking in MDMA, you will have your driver’s license or driving privilege suspended for up to one year under Florida Statute section 322.055.
• However at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession and/or trafficking charges dismissed. Some of the strategies we will utilize is using discovery to investigate whether the police officer has probable cause for making the arrest or to search your person, car, or home. We will also investigate whether the police officer violated any of your constitutional rights from conducting an illegal search and seizure in order to obtain a conviction. Please contact us today at (407) 843–3990 to find out more ways we can help you defend your case.

• Possession of/Trafficking in Methamphetamine
  • Methamphetamine—a highly addictive narcotic and controlled substance in Florida, is also known by its street names of Meth or Crystal Meth.
  • In Florida, if you are found in possession of less than 14 grams of methamphetamine, you will be charged with a third degree felony for the crime of Possession of Methamphetamine. Additionally, if you are found in possession of 14 or more grams of methamphetamine, then you will be charged for the crime of Trafficking in Methamphetamine.
  • Most importantly, and similar to how Ecstasy and GHB are weighed,  the weight of methamphetamine is determined by how much the mixture containing methamphetamine weighs rather than how much pure methamphetamine weighs in the mixture. Therefore, you could have a mixture of methamphetamine that weight less than 14 grams of methamphetamine; however, due to the fact that the mixture collectively weighs more than 14 grams, you will likely be convicted for the crime of Trafficking in Methamphetamine under Florida law. As a result, the judge is required to subject you to a mandatory minimum prison sentence, which can include any combination of the following:
    • Five years in prison,
    • Five years of probation, and/or
    • A Fine of up to $5,000.
• Additionally, if you are convicted of the crime of Possession of Methamphetamine or Trafficking in Methamphetamine, you will have your driver’s license or driving privilege suspended for up to one year under Florida Statute section 322.055.
• However at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession and/or trafficking charges dismissed. Some of the strategies we will utilize is using discovery to investigate whether the police officer has probable cause for making the arrest or to search your person, car, or home. We will also investigate whether the police officer violated any of your constitutional rights from conducting an illegal search and seizure in order to obtain a conviction. Please contact us today at (407) 843–3990 to find out more ways we can help you defend your case.

• Possession of Synthetic Drugs
  • Synthetic drugs are highly addictive controlled substances and do not presently have any accepted medical use in the United States. Examples of synthetic drugs include bath salts, spice, K2, Ecstasy “Molly,”  and Krokodil, just to name a few.
  • In Florida, it is a crime to possess any amount of any synthetic drug. However, the penalties will vary in severity depending on whether you are in possession of more than 3 grams of synthetic drugs.
  • If you possess less than 3 grams of synthetic drugs, you will be charged with a first degree Misdemeanor. If you are convicted of a first degree misdemeanor, the judge is obligated to impose any number of the following penalties:
    • One year in jail,
    • One year of probation, and/or
    • A fine of up to $1,000.
• However, if you are found in possession of 3 grams or more of synthetic drugs, you will be charged with a third degree felony. If you are convicted, the judge may impose any number of the following penalties:
  • Five years in prison,
  • Five years of probation, and/or
  • A fine of up to $5,000.  
• Additionally, if you are convicted of the crime of Possession of Synthetic Drugs, you will have your driver’s license or driving privilege suspended for up to one year under Florida Statute section 322.055.
• However at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession and/or trafficking charges dismissed. Some of the strategies we will utilize is using discovery to investigate whether the police officer has probable cause for making the arrest or to search your person, car, or home. We will also investigate whether the police officer violated any of your constitutional rights from conducting an illegal search and seizure in order to obtain a conviction. Please contact us today at (407) 843–3990 to find out more ways we can help you defend your case.

• Possession of Drug Paraphernalia in Florida
  • If you are charged with the crime of Possession of Drug Paraphernalia in Florida, you need to know what constitutes drug paraphernalia, what the penalties for possession of drug paraphernalia are, and any defenses applicable to your case.
  • According to Florida Statute section 890.145, “drug paraphernalia,” is defined as:
    • Any and all equipment, products, and materials of any kind, which are
    • Used, intended for use, or designed for use in
    • Planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, sorting, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body
    •  A controlled substance in violation of this chapter.
• If you are caught possessing any type of drug paraphernalia, you will be charged with the crime of Possession of Drug Paraphernalia, which is a first degree misdemeanor in Florida.
• If you are convicted of the crime of Possession of Drug Paraphernalia in Florida, a judge may enforce any number of the following penalties:
  • You may have to serve up to one year in jail,
  • You may have to complete one year of probation, and/or
  • You may have to pay a fine of up to $1,000.
• However at Weiss, Grunor & Barnett, we will pursue any and all strategies to defend your case to get your drug possession and/or trafficking charges dismissed. Some of the strategies we will utilize is using discovery to investigate whether the police officer has probable cause for making the arrest or to search your person, car, or home. We will also investigate whether the police officer violated any of your constitutional rights from conducting an illegal search and seizure in order to obtain a conviction. Please contact us today at (407) 843–3990 to find out more ways we can help you defend your case.

 

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Sale & Delivery/Distribution of Drug Charges

 

As with any case, the most effective way to defend a drug charge will depend on the unique circumstances of the case and what the most achievable goals are for the client. Due to the varying penalties unique to each type of drug, you could face relatively harmless penalties, such as fines and community service to more severe penalties, such as jail or prison time.  At Weiss, Grunor & Barnett our attorneys have the experience to provide you with an aggressive defense that will eradicate the charge or reduce the sentence.

If you are charged with selling, delivering, and/or distributing any drug, including cannabis, cocaine, GHB, heroin, Ecstasy/MDMA, or methamphetamine, to name a few—the consequences will vary if you are later convicted of the crime. The penalties will also vary depending on whether you received money from the sale of the drug or whether you were just delivering the drug without receiving payment.

Furthermore, in addition to the criminal penalties associated with a drug conviction, your driver’s license or driving privilege may be suspended for up to a year under Florida Statute section 322.055. Keeping your driver’s license is absolutely necessary in maintaining employment and any other obligations that are imperative to your day-to-day life.

A person convicted for the sale, delivery, and/or distributing of drugs may also face suspension of their professional license under Florida Statute section 893.11. This may also hurt your employment status as you will not be allowed to practice in your profession or trade without such a license.

At Weiss, Grunor & Barnett, we will make sure to find solutions to your legal problems, and pursue any and all strategies to defend your case. We will make sure to explore all applicable defenses to remove any charges from your record or to minimize the penalties. We represent clients in a wide variety of criminal defense matters, and at our Central Florida firm, our attorneys offer a wealth of experience in the area of criminal law. Do not hesitate to call us at (407) 843–3990 to find out more ways we can help you defend your case.

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Trafficking in a Controlled Substance

In Florida, trafficking in a controlled substance or drug trafficking charges are the most severe drug charges you can face due to their harsh penalties.  If you are charged and subsequently convicted for drug trafficking, this generally requires a mandatory minimum sentence—irrespective of your prior record or the seriousness of the conduct. If there is a mandatory minimum sentence imposed—as there is for many drug trafficking charges,  there is no leniency. This means that the defendant must serve every day of the prison sentence. Whereas, for most other crimes, the defendant is often only required to serve up to 85% of their sentence under Florida law.

If you are charged with trafficking in a controlled substance, the crux of your case comes down to the type of drug you were trafficking and the amount you were possessing, selling, delivering, and/or purchasing at the time you were caught. The attorneys at Weiss, Grunor & Barnett have the experience to defend your case to modify and/or eradicate the potential sentence you may be facing. We will do everything we can to reduce the amount of fines you will have to pay, reduce the sentence, and challenge the search, whether the search was conducted with probable cause, and the identity of the controlled substance.

Our firm defends these most common types of trafficking in a controlled substance charges: marijuana, cannabis, cocaine, methamphetamine, GHB, heroin, Ecstasy/Molly/MDMA, and prescription drugs. At Weiss, Grunor & Barnett, we know how to put on a defense that levels with playing field with the prosecutors so that you can achieve the best possible outcome out of your unique set of circumstances. Please contact  us today at (407) 843–3990 to see how our experienced attorneys can help you fight your case. 

Domestic violence, also called domestic battery, is a serious offense that occurs when one family member or domestic partner commits any violent offense against another family member or domestic partner. Some examples of a violent offense include: assault or battery, false imprisonment or kidnapping, sexual battery/rape, stalking, verbal & physical threats, intimidation, harassment, the destruction of personal property, and more.

Victims of Domestic Violence

Regrettably, domestic violence often times intensifies during divorce proceedings and child custody battles. Matters can even worsen if the domestic abuser is a spouse or a parent, and then children may also become victims of abuse. It is imperative to act swiftly to remove yourself and your children from any form of danger. At Weiss, Grunor & Barnett we can help you find domestic violence support services, counseling, shelters, housing, and other services to assist you in reaching a point of safety. We also use every resource available to protect you and your children from the abuser to hold the abuser accountable in court.

Penalties and Charges for Domestic Violence Claims & Aggravated/Felony Domestic Violence Claims

There is no “one size fits all” model for domestic violence cases, each incident is handled on a case-by-case basis that can vary from misdemeanor charges to felony charges depending on the severity of the abuse. More often then not, the prosecutor assigned to the case will determine the charges and penalties after hearing the facts of the case provided by the victim and any witnesses.

As a guideline, if the domestic incident caused any severe injuries, such as extreme bruising, broken bones, extensive bleeding and/or lacerations, these incidents will typically be charged as felonies. However, slighter injuries, including threats and minor bruising will generally be charged as misdemeanors. Still, other factors including prior reported domestic violence acts, criminal history, persistence, and any other reported violent crimes will be considered in determining whether to charge the defendant with a misdemeanor or a felony in a domestic violence claim.

If the defendant is charged with misdemeanor domestic violence, he or she could be looking at any combination of the following penalties:

• Jail sentence for up to one year
• Mandatory anger management course
• Mandatory domestic violence intervention course for a period of 26 to 29 weeks
• Community services
• Fines
• Any concealed weapons permit will be revoked
• Forfeit your right to have a gun while on probation—even for a misdemeanor
• Restraining order
• Ineligible for domestic violence charge to ever be sealed or expunged from your criminal record.

If the defendant is charged with felony domestic violence, he or she could be looking at any combination of the following penalties:

• Prison sentence for up to 3 years
• Mandatory anger management course
• Mandatory 52 week counseling course
• Mandatory domestic violence intervention course for a period of 26 to 29 weeks
• Community service
• Ineligible for domestic violence charge to ever be sealed or expunged from your criminal record.
• Costly monetary fines
• Any concealed weapons permit will be revoked
• Forfeit your right to have a gun while on probation
• Restraining order.

Is it possible for the victim to drop the domestic violence charges?

In Florida, the domestic violence laws provide that a person can be arrested and prosecuted for their domestic abuse regardless of whether the victim decides to press charges against the alleged perpetrator. As a matter of fact, in domestic violence cases involving spousal abuse, it can be extremely challenging to drop the case against the abuser—even if the victim no longer wants to press charges, testify in court, or cooperate with the prosecutor. Only the prosecutor has the authority to drop such charges.  

Defenses to Domestic Violence Claims

Domestic violence is a serious offense that can have life-changing consequences. If you have been charged with domestic battery in Florida, you need to protect your rights. Especially because defending domestic violence cases can be extremely difficult since there are typically deeper issues and frustrations at the very heart of a domestic violence incident. Furthermore, even if there is a minor altercation, serious legal consequences may arise because of the ongoing case or any previous domestic violence cases.

The severity of the consequences in domestic violence charges arise from the Florida Legislature’s intent to prevent victims from being harmed, harassed, and threatened into dropping charges by their perpetrators. However, the downside to this is that there may be innocent people who are convicted and have to live their lives with a domestic violence charge permanently on their record.

As a result, if you are charged with domestic violence or battery, you need to develop a plan that will not only lead to a dismissal in your case but will also bring peace between you and your accuser so that such charges do not periodically appear whenever there is an altercation.

If you have been charged or arrested for the crime of domestic violence or domestic battery in Central Florida, you must contact the experienced attorneys at Weiss, Grunor & Barnett, who can help you defend your case. Additionally, if you are a victim of domestic violence, you need to know your options and rights for leaving the accuser. Contact us today at (407) 843–3990. 

Robbery, Burglary, Larceny & Other Theft Crimes

If you have ever been accused of stealing merchandise from a store, theme park, other vendors, and even another person’s identity, you may be charged the a theft crime. There are various types of theft crimes in Florida including:

• Grand theft
• Petit theft
• Burglary/possession of burglary tools/burglary of a dwelling/burglary of a structure
• Robbery/robbery with a firearm/robbery with a deadly weapon/home invasion robbery
• Carjacking
• Larceny
• Bank fraud
• Receiving stolen property
• Forgery
• Employee theft
• Identity theft
• Credit card fraud
• Wire fraud
• Mail fraud
• Extortion

Generally, in order for the government to prove the charge of a theft crime against you, the prosecutor must establish that you intended to take away the personal property of another with the specific intent to permanently deprive the victim of their property for their own personal use or benefit. Additionally, the government will generally have to prove that you intended to appropriate the property away from its true owner for your own personal use or for the use of another person not entitled to the use of that property. 

Petit Theft of the First and Second Degrees

In Florida, the criminal charge of theft can range from misdemeanor petit theft to felony grand theft. If you are accused of petit theft in Florida, then this means that you were involved in the unlawful taking of property worth less than $300. There are two types of penalties for petit theft: petit theft of the first degree and petit theft of the second degree.

If you are charged with petit theft of the first degree, this implies you took property valued at more than $100, but less than $300. Additionally, if you are being charged with petit theft of the first degree, this means that you have had a prior theft conviction. As a result, if you are convicted of petit theft of the first degree, the judge may enforce any number of the following penalties:

• Up to one year in jail,
• Up to one year of probation, and/or
• A fine of up to $1,000.

If you are charged with petit theft of the second degree, this implies that you took property valued at less than $100, and if convicted the judge may enforce any number of the following penalties:

• Up to six months in jail,
• Up to six months of probation, and/or
• A fine of up to $500.

Additionally, if you are found guilty of petit theft, your driver’s license may be suspended for up to six months upon your first conviction or up to one year for each subsequent conviction.

No matter how minor or serious the theft charge may be, it can have serious consequences on your future. A theft charge is specifically hazardous to your record  because it is considered to be a “crime of moral turpitude.” A crime of moral turpitude implies conduct that is contrary to community standards of justice, honesty, and good morals. Crimes involving moral turpitude, such as theft offenses, have an inherent quality of corruptness, vileness, or depravity with respect to a persons’ duty to another or to society in general. If you are charged with such an offense, it may impact your ability to seek employment or maintain your employment status because it shows that you inherently cannot be trusted.

Preserving your reputation is absolutely critical to maintaining employment and fulfilling any other obligations you may have. At Weiss, Grunor & Barnett, our experienced attorneys have helped many clients defend their theft charges and achieve solutions to protect their reputation. Their defenses are unique to each set of circumstances, and have the knowledge to defend you. Contact us today at (407) 843–3990. 

It requires specific knowledge and skill to defend a minor facing juvenile charges in juvenile court. The aftermaths of a juvenile conviction can be damaging to the minor and can stay with him/her into adulthood. If your child has been taken into custody, detained, or arrested for a criminal offense, he or she may face incarceration and the possibility of having a juvenile record.

If you child develops a juvenile record, it can have a significant impact on your child’s future and their ability to be accepted into college or obtain employment in adulthood. This is why it is so imperative that you consult with an attorney as soon as possible so that the attorney can start working on your child’s case to achieve a better outcome—such as preventing the child to develop a criminal record.

Below is a list of the most common types of juvenile charges that the attorneys at Weiss, Grunor & Barnett are experienced at defending:

• Vandalism/graffiti
• Shoplifting
• Trespassing
• Gang offenses
• Weapons charges
• Theft crimes
• Drug crimes
• Underage DUI
• Theft offenses, such as robbery, burglary, and larceny
• Assault and battery
• Manslaughter

Compassionate & Aggressive Defense

At Weiss, Grunor & Barnett, we are passionate advocates for minors’ rights and for protecting the youth from having their silly transgressions shape their future. As a preliminary matter, we will make sure that your child is not tried as an adult. However, there are some violent and serious felonies where a minor may be tried as an adult, and therefore, subjected to the same penalties that an adult would face for the same crime.   

At Weiss, Grunor & Barnett we believe that juvenile offenders need rehabilitation, and not just punishment. We will fight uncompromisingly to obtain the best possible outcome for them so that they can get the help they need. Contact us today at (407) 843–3990.

Driving with a suspended license is a severe criminal offense due to the serious penalties that result from a conviction. It is also one of the most common criminal charges in Florida’s court system. If you are caught driving with a license suspended, many lawyers may have you take a plea to a “withhold and small fine.” However, what many lawyers do not tell you is that:

1. The plea constitutes a conviction under Florida law;
2. Florida’s Department of Highway Safety and Motor Vehicles can revoke your driving privileges under the “Habitual Traffic Offender Statute” for up to five years;
3. You could be charged with a felony if you are caught driving while license suspended a subsequent time;
4. There are other options out there in defending a driving while licenses suspended that do not involve taking a plea and succumbing to these harsh consequences.

Defending the Driving While Licenses Suspended Charge

In order for the government to successfully prove that you were driving while licenses suspended, the government must prove all three elements:

1. That your driver’s license was suspended.
2. That you KNEW your driver’s license was suspended.
3. You were driving on a Florida Highway.

Element 1: Driver’s Licenses Suspended

Although this may seem like it is the easiest element for the government to prove, on the contrary, it can be quite challenging for the government to prove because the Florida Department of Highway Safety and Motor Vehicles makes frequent mistakes by maintaining in their systems a suspended driver’s licenses when the license is really valid.

Under no circumstances should an erroneous driving licensure status be the basis for a driving while license suspended charge and conviction. One of the greatest defenses to this charge is to show that at the time you were pulled over for this crime, your license was valid and Florida Department of Highway Safety and Motor Vehicles’ system was not properly updated. 

 

Element 2: You KNEW your Driver’s Licenses was Suspended

One of the most heavily litigated areas was whether you had actual knowledge of your licenses being suspended at the time you were driving. Therefore, in the absence of an admission that you actually knew your license was suspended, the government must prove that in some way you received actual notice to show that you were aware that your licenses was suspended and that you were prohibited from driving. So unless the notice is in writing with your signature on it—it is basically impossible for the government to prove that you had actual knowledge that your license was suspended.

 

Element 3: You Were Driving on a Florida Highway

Lastly, the government must prove that at the time you were arrested for driving while licenses suspended, you must have been driving on a Florida Highway. Although it is rare to drive on a road that is not considered a Florida Highway, there are certain areas in Florida that are not considered part of the Florida Highway system, such as in gated community roads, private land, and construction zones. So if you were driving in one of those areas, it is arguable that you were not on a Florida Highway.

If you have been arrested and charged with a driving while license suspended in the Central Florida area, contact the experienced attorneys at Weiss, Grunor & Barnett today for help fighting and defending your case. Do not let a driving while license suspended charge affect your future with a conviction. Contact us today at (407) 843–3990.

“White collar crime” is a term used to classify a criminal offense that occurs or is conducted in a business environment. The vast majority of white collar crimes are nonviolent theft crimes that involve theft by deception and fraud. Typically managers, CEOs, accountants, brokers, CFOs, and the like are the type of people that are often times charged with committing white collar offenses—hence the term “white collar.”

While white collar offenses are typically sophisticated and highly technical, you need an experienced criminal defense team with knowledge and a background for the most effective representation.

Below is a list of the types of white collar crimes that the attorneys at Weiss, Grunor & Barnett defend:

• Accounting fraud
• Bank fraud
• Bribery
• Corporate business crime
• Counterfeiting
• Credit card fraud
• Embezzlement
• Extortion
• Forgery
• Government fraud
• Healthcare fraud
• Wire fraud
• Investment fraud
• Insider trading
• Money laundering
• Mortgage fraud
• Racketeering

No matter what the specific white collar crime you are charged with, you need the experience of a defense attorney to protect you and your rights to circumvent the negative implications of a conviction. Such negative implications may include imprisonment, heavy fines, restitution to the victim or victims, probation, loss of your professional license, reputation, and more. You want to ensure that you have the right team defending you. Contact us today at (407) 843–3990.

Homicide, Assault, & Battery

At Weiss, Grunor & Barnett, we have the experience, knowledge, expertise, and dedication to our clients to protect and preserve their rights if charged with a serious violent crime. We have a very strong track record of ensuring that our clients receive favorable outcomes when facing violent criminal charges. At Weiss, Grunor & Barnett, we often represent clients charged with the following offenses:.

• First Degree Murder &Felony Murder
• Second Degree Murder
• Third Degree Murder
• Manslaughter
• Aggravated Manslaughter
• Assault
• Aggravated Assault
• Battery
• Aggravated Battery
• Aggravated Battery on a Pregnant Person
• Felony Battery
• Kidnapping
• Firearms charges

                                                                                  

If you are convicted of any of the above listed violent crimes, such a conviction  can and will change your life due to the judge’s duty to impose mandatory minimum sentences. It is our obligation at Weiss, Grunor & Barnett to create the best defense for your case. However, in order for our attorneys to create such a defense, we need to have an in-depth knowledge of the facts and circumstances surrounding the incident. Furthermore, creating the best defense requires an in-depth knowledge of the case law and statutes, which our attorneys know at a very advanced level.
  

Defenses to Violent Felony Offenses

There are many defenses to a charge regarding violent felony offenses. One of the most prominent defenses is the newly enacted “Stand Your Ground” law. Prior to the enactment of the “Stand Your Ground” law, a person was required to retreat when another person was threatening them with severe bodily harm or death. Presently under Florida law, a person now has the right to physically defend themselves and not retreat when confronted with severe bodily harm or death by literally standing one’s ground.

Although “Stand You Ground” law is a major defense in the area of violent felony offenses, there are other defenses as well, such as accident/excusable homicide, self-defense, defense of others, defense of property, and necessity.

Our attorneys have the skill to apply case law to a set of facts to customize the best defense strategy in your case, and we know what it takes to defend such charges. Few firms offer the proven track record and proficiency in the area of criminal law that Weiss, Grunor & Barnett carries. Contact us today at (407) 843–3990.

Driving under the influence of drugs or alcohol, in addition to other vehicular crimes, can carry very harsh penalties for a person who is typically law abiding. Depending on the facts surrounding your case, the prosecutors will usually try and add supplemental charges to your case based on any previous convictions to increase the severity of the charges. If you have an experienced and skilled defense lawyer, they will assist you in ensuring that your rights are protected so a conviction does not follow you for the rest of your life.

At Weiss, Grunor & Barnett, we pride ourselves on representing clients in the Central Florida area in a variety of DUI and vehicular crime offenses. We have proven track record and a great deal of expertise in these type of cases, and have been acknowledged for our skilled work in handling these matters and defending our clients so that the charges are dropped or minimized.

Our firm primarily focuses on these main areas in the category of DUI and Vehicular Crime Offenses:

Driving under the influence of alcohol or drugs (DUI)

• At Weiss, Grunor & Barnett, our attorneys have effectively defended clients in an array of serious drunk driving charges—including repeat drunk driving offenses.
• Before a trial is ever held in a DUI case, our attorneys try to challenge a DUI charge on constitutional, legal, or administrative grounds. If a successful challenge is achieved, it can lead to the prosecutor’s evidence being discarded in a court of law—thereby making it impracticable for the State to persist in pressing charges.
• There are a variety of way to challenge a DUI, and some of these defenses include: challenging of the stop; challenging of the field sobriety tests, challenging of the breathalyzer results; and suppressing any and all statements you make to any law enforcement officers.

Pretrial Diversion

• In addition, if you are charged with your first DUI, you may be eligible for pretrial diversion, which is an alternative type of sentence for those charged with DUI offenses.
• If you successfully complete the pretrial diversion program, your DUI charges will be dropped.
• The main purpose of pretrial diversion is to help people avoid the circumstances that led them to be charged with a DUI and/or other criminal charges in the first place. The program can include programs and classes in alcohol treatment that are meant to prevent a future drunk driving arrest and charge.
• However, not everyone can be accepted into pretrial diversion because it is up to the judge in your case to determine whether it is a suitable program for you—given the facts and circumstances of your case. 
• Typically, pretrial diversion is granted for first time DUI offenders, but the judge may deny your request for pretrial diversion—even if you are a first time offender, if there is another factor present in the case.

DUI Manslaughter

• At Weiss, Grunor & Barnett, our attorneys have vast experience defending these particular cases, and have the specialized knowledge to develop the best defense strategy for your case.
• In addition to the pretrial and trial defenses that can be raised in any criminal case, there are specific defenses that we are fully prepared to raise in a DUI Manslaughter case to assist you in getting the charges dropped or severity of the criminal conviction minimized.
• The defenses specific to a DUI manslaughter case include: illegal traffic stop; improper field sobriety tests; insufficient probable cause; and inadmissible breath results.

Vehicular Homicide

• At Weiss, Grunor & Barnett, our attorneys are also skilled in defending clients against a wide variety of vehicular homicide cases, including reckless driving, driving on a suspended or revoked license, and other such serious criminal offenses.
• Each offense carries its own penalties and with our specialized knowledge in this area, we will assist you in getting your charges dropped or at the very least minimize the severity of the sentence.

Leaving the scene of an accident with a death/serious bodily injury

• At Weiss, Grunor & Barnett, our attorneys have avid experience defending those charged with leaving the scene of an accident where death or serious bodily injury occurred. Additionally, our attorneys have the specialized knowledge to cater the best defense strategy applicable to your case.  
  
  Typically, leaving the scene of an accident is also referred to as a “hit and run” crime, which is a severe criminal offense in Florida. Under Florida law, a driver may face imprisonment, fines, probation, and driver’s license suspension for a hit and run type accident. Of course, specific penalties will vary depending on the property damage cause, whether or not there was a death of the victim, and whether or not there was serious bodily injury to the victim. If there was just property damage, then the penalties will be less severe; however, if there was serious bodily injury or death, the penalties will be more severe. 

Leaving the scene of an accident where property damage is caused

• If you leave the scene of an accident where you caused property damage, you will be charged with committing a second degree misdemeanor, which is punishable by up to 60 days in jail, and you may have to pay a fine of up to $500.

Leaving the scene of an accident where severe bodily injury is caused

• If you leave the scene of an accident where you caused severe bodily injury to another, you will be charged with a third degree felony offense, which is punishable by up to 5 years in prison, and may have to pay a fine of up to $5,000.

Leaving the scene of an accident where death is caused

• If you leave the scene of an accident where death is caused, you will be charged wit ha first degree felony, which is punishable by up to 30 years in prison, and you may have to pay a fine of up to $10,000.

Fleeing to elude a law enforcement officer

• At Weiss & Barnett, our attorneys have avid experience defending those charged with fleeing to elude a law enforcement officer. Additionally, our attorneys have the specialized knowledge to cater the best defense strategy applicable to your case.  
• In Florida, fleeing to elude a law enforcement officer is simply referred to as “fleeing and eluding.” If you are charged with fleeing and eluding, it means you failed to stop after being apprehended by a duly authorized law enforcement officer.
• Fleeing and eluding a law enforcement officer is a third degree felony, and you could face up to five years in prison, five years of probation, and fines of up to $5,000. You may also have you driver’s license suspended for a minimum of one year and a maximum of five years.
• The defenses specific to fleeing and eluding include your pretrial defenses and trial defenses that can be raised in any criminal case.

Our attorneys have the skill to apply case law to a set of facts to customize the best defense strategy in your case, and we know what it takes to defend such charges. Few firms offer the proven track record and proficiency in the area of criminal law that Weiss, Grunor & Barnett carries. Contact us today at (407) 843–3990.

Sometimes, and depending on how your criminal case is resolved, Florida law allows you to have your Florida criminal records either sealed or expunged. If your record is expunged, this means that it has been physically destroyed; however, one copy of your criminal record is still maintained and kept by the Florida Department of Law Enforcement. If your record is sealed, then this means that your record is concealed from public view and not available for public inspection. However, your criminal record can still be reviewed by law enforcement. The benefits to having an expunged or sealed record is that your criminal history cannot be made available to a private employer or seen through a public background search.

In order to be eligible to have your criminal record expunged, you must meet two qualifications. First, your charges must have been dismissed. Second, you must never have been adjudicated guilty or any other crime. When your criminal record is expunged, courts and law enforcement agencies destroy the records related to your arrest. Such action makes it unattainable for the contents of the record to be mistakenly disclosed.

In order to be eligible to have your criminal record sealed, you must meet three qualifications. First, you must plead guilty or no contest to the crime. Second, you must have received a withhold of adjudication for the offense. Lastly, you must never have been adjudicated guilty of any other crime. When your record is sealed, courts and law enforcement agencies are banned from admitting their existence or revealing their contents to the public.

However, if you are unqualified to have your record sealed or expunged, you may be able to have your criminal record cleared via executive clemency, which incorporates both civil rights restoration and the pardoning process.

If you are contemplating having your criminal record expunged or sealed, you need to be completely honest with your expungement attorney to circumvent wasting money on a lost cause. Typically, only one sealed record or expungement is achievable in a lifetime. Two expungements may be possible, so long as one conviction occurred before you reached the age of majority as a juvenile. Then, the other expungement may be possible as an adult. However, if you want to avoid having to explain why you have a criminal record on a job application or trying to lease an apartment, then you need to make the necessary investment to have your record sealed or expunged.

Make the necessary investment to get your criminal record sealed or expunged with the attorneys at Weiss, Grunor & Barnett. Our team of attorneys are here to help you resolve your criminal defense matters with ease and efficiently. Contact us today at (407) 843–3990.