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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Recent Wins

State v. Z; Judge: Rick Defuria; Date: May 21, 2007

FACTS: The Client (defendant) was charged with Lewd and Lascivious Battery and was looking at 15 years in Florida State Prison pursuant to the Florida Statutes. According to police reports, the client (35 years of age) met a 14 year old girl outside of his apartment, shortly after moving into the area. After a few visits to his home the girl engaged in consensual sex with our client. When the Client became aware of her age he ended the relationship immediately. This breakup greatly upset the victim. According to reports, the victim later broke into the client's home and stole a firearm, with the apparent intent to have him killed. The client became aware of the girl's plan and left the state.

During the course of their investigation, Law enforcement eventually requested that the client come into the station and give a sworn statement. The client agreed and was consequently charged with L&L battery. Unfortunately, this client never contacted our office prior to giving his recorded statement to police. This mistake was compounded by the client's lack of knowledge regarding Florida's statutory rape (sexual battery) laws. By failing to contact our office prior to questioning, the client potentially exposed himself to the much more serious charge of sexual battery.

In this situation the State Attorney's case hinged solely on the client's statement due the victim's lack of credibility. The victim had numerous prior juvenile arrests. In addition, she had burglarized the client's home in an effort to possibly have him killed.

It is important to remember that whenever you are approached by law enforcement to contact a lawyer immediately. Even if you feel your role or knowledge of a crime is minor, taking proper steps to contact an attorney immediately can have a drastic impact on your case.

RESULT: We eventually negotiated a deal with the The State that allowed the client to avoid prison.