South Florida Criminal Attorneys Blog

Gun Possession by a Convicted Felon

May 11, 2021 | Michael B. Cohen, P.A.

Perhaps the country’s founding fathers did not mean to create a constitution that can be as polarizing as it is and yet, that is the case for a few of the amendments. One that always seems to get feathers riled up on either side of the aisle is the second amendment. It clearly states “the right of the people to keep and bear Arms, shall not be infringed.” However, this is not the case if you are a felon. It is illegal in Florida for convicted felons to possess firearms, unless the convicted felon has had his/her civil rights restored and firearm authority restored by the state’s Clemency Board or the gun qualifies as an antique firearm under Florida statute 790.001(1). However, a deciding factor in the severity of the punishment is if the firearm was actually possessed or constructively possessed. Actual possession of a firearm means the firearm was in the person’s hand or on them, in a container in the hand or on the person, or is so close that it is under the control of the person. Constructive possession means the firearm is placed somewhere the person has control over. Possession of a gun by a felon is considered a second-degree felony. Actual possession brings a three-year minimum mandatory sentence with it and the judge can impose a combination of up to 15 years in prison, up to 15 years of probation, or up to $10,000 in fines. Constructive possession of a firearm does not have a minimum mandatory sentence however a judge can still impose a combination of those three listed penalties.

The consequences of a conviction, especially a felony, can have a wide range of negative effects on your life. Therefore, you need to contact a defense attorney immediately. Michael B. Cohen can help you fight a gun charge by thoroughly investigating your case.

Choosing the Right Post-Conviction Attorney

April 14, 2021 | Michael B. Cohen, P.A.

One of the most frightening things to go through is being convicted of a federal crime, but even scarier is not picking the right post-conviction attorney to help you navigate through your case and fight for the best outcome.

When Googling post-conviction attorneys, you will get more than 58 million search results, making it very difficult to determine who is the right fit for your case, however, there are certain characteristics you should be looking for in your attorney to help you narrow the list down.

Appeal Experience

Immigration Marriage Fraud – How Serious is it?

April 10, 2021 | Michael B. Cohen, P.A.

There are countless benefits to immigrants who marry a U.S. citizen. For that reason, it is no surprise that many seek to marry a citizen for the sole purpose of obtaining them. However, due to the potential for abuse of these special benefits, authorities apply a high level of scrutiny to immigrants and U.S. citizens who wish to marry.

The three types of marriage frauds are:

A marriage where one or both of the parties know the marriage is a fraud.

What is the difference between assault and aggravated assault?

March 15, 2021 | Michael B. Cohen, P.A.

There are different definitions and punishments for assault and aggravated assault. Both of these crimes involve intentional harm inflicted on one person by another. Even when a fight is mutually agreed on, it may still lead to an assault charge.

What is assault?

Assault is when someone intentionally makes another fear that they will be physically harmed. Even though the person may not end up physically injured, the definition recognizes that even just making someone fear that they will be is deserving of punishment. This also allows law enforcement to intervene before physical harm is done.

Have No Fear, Your Criminal Defense Attorney is Here

March 3, 2021 | Michael B. Cohen, P.A.

Finding yourself in the back of a cop car being charged with serious criminal charges might be the scariest thing that can happen to you, but even scarier is not knowing who will represent you in court. Of course, there will be a million things running through your head whether you’re innocent or not, however, involving a criminal defense attorney should be on the top of the to-do list.

Although hiring a criminal defense attorney might not be as inexpensive as one may hope, many fail to realize that this will save you thousands and thousands of dollars in the long run. And ultimately, it beats the price of going to prison. Additionally, having an experienced lawyer by your side to help you navigate through the issue and protect your constitutional liberties is priceless.

When to Hire a Criminal Defense Attorney

Federal Grand Jury Subpoena

February 15, 2021 | Michael B. Cohen, P.A.

Grand juries are embedded into our constitution. Their purpose is to determine whether there is probable cause to believe that a federal felony was committed. A grand jury consists of 16-23 citizens from the community. If 12 of those jurors find there is probable cause, it is signed by the prosecutor which then becomes an indictment: a formal charge the government must prove at trial.

However, there can be several reasons why you may have received a grand jury subpoena:

Target:

Shoplifting: A Not-So-Innocent Crime

January 6, 2021 | Michael B. Cohen, P.A.

From the moment you awake in the morning to the second you lay your head down to go to bed, there will have been 550,000 shoplifting incidents in the U.S.

Although most think of shoplifting as one of the more “harmless” crimes, it is considered “retail theft” in the state of Florida. According to the Florida Senate, a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to either temporarily or permanently:

(a) Deprive the other person of a right to the property or a benefit from the property.

SFBJ: Trump commutes prison sentence of Esformes, convicted of $1B Medicare fraud

December 23, 2020 | Michael B. Cohen, P.A.

By Brian Bandell – Senior Reporter, South Florida Business Journal

December 23, 2020

Philip Esformes will be released from federal prison after President Donald

The Insanity Defense in a Criminal Case

December 9, 2020 | Michael B. Cohen, P.A.

If you’ve watched enough law movies and drama shows, chances are you have at some point seen a character plead insanity as a defense. According to a PBS article, less than 1 percent of county court cases involve the insanity defense, and that of those, only around one in four were successful. Despite this statistic, there are instances when this defense is successful. The first successful attempt at this defense was in 1843 when an Englishman shot and killed the secretary of the British Prime Minister, believing that the Prime Minister was conspiring against him. More recently, a teenager in Iowa was found not guilty of murder by reason of insanity in the death of his 5-year-old foster brother. So what exactly determines “insanity”?

First, the defendant must prove that he did not have control over his conduct similar to sleepwalking or being in a state of hypnosis. Secondly, the defendant does not have the ability to form criminal intent. They have no understanding of conduct that is “evil” or considered wrong by society’s standards. For example, if someone commits a crime and then tries to purposely mislead officers, they demonstrate an awareness that they did something wrong even if their behavior was mentally imbalanced. Due to these two factors in play, a defendant’s behavior is likely to be repeated again and again. As a result, there is no punishment or sentence that would rehabilitate the person. The only appropriate remedy is to treat their mental condition.

It is important to note that just with other areas of law, the insanity defense varies from state to state. Below are rules states use to define “insanity”:

How To Comply With Florida Marijuana Laws

November 30, 2020 | Michael B. Cohen, P.A.

The 2020 elections brought along with it a lot of blue, a lot of red, and a little bit of green. Many cannabis policy reform bills were introduced throughout the country and resulted in four states legalizing marijuana. According to an article by Forbes, an estimated 40,000 people today are incarcerated for marijuana offenses only. This number increases into the millions for those Americans with past marijuana-related criminal records. Due to COVID-19, the unemployment rate in the country is 6.9%. However, for those who have a criminal record, the unemployment rate is 35%. This differs drastically from the seemingly positive approval for cannabis policy reform bills we saw this year. In Florida, possession of 20 grams or less of marijuana is a misdemeanor punishable by a maximum sentence of one-year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of marijuana is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000. Although medical marijuana is legal, it is only permitted for legal use under certain health conditions. So, what should someone do if they are caught in this predicament?

We have listed 3 tips below on what to do:

1. Did the officers illegally coerce the marijuana out of your home, vehicle, or during a body search? This can be used to dismiss the charges.