State Court - Law Offices of W.F. "Casey" Ebsary Jr.

Florida Court Reverses Constructive Possession Conviction

W.F. ''Casey'' Ebsary Jr. — Wed, 03 Jun 2026 23:24:50 GMT

Constructive Possession conviction reversed where “the State presented no evidence to rebut evidence that other individuals either drove or occupied the car.

What Is Constructive Possession of a Weapon?

“None of the testifying officers could recall how the car keys were obtained, when the men in the residence had arrived there, or who drove the rental car to the residence that day, who had been driving it during the rental period, or . . . who owned the various items in the back seat area of the car.”

What is Constructive Possession of a Weapon? In this sample case, the guy was charged with illegal possession of a firearm. “Florida law requires this court to apply a “special” standard of review in circumstantial evidence cases, such that, when viewing the evidence in a light most favorable to the State, this court must determine whether the evidence viewed in this light excludes every reasonable hypothesis of innocence. State v. Law, 559 So. 2d 187 (Fla. 1989). If such evidence has been introduced at trial which contradicts any reasonable hypothesis of innocence, the jury’s verdict of guilt must be affirmed, as it is solely the prerogative of the factfinder to accept or reject . . . contradictory evidence.”

“In addition to the circumstantial evidence rule, we apply the rule of law on constructive possession. When the “premises where contraband is found is in joint, rather than exclusive, possession of a defendant, however, knowledge of the contraband’s presence and the ability to control it will not be inferred from the ownership but must be established by independent proof.” Julian v. State, 545 So. 2d 347, 348 (Fla. 1st DCA 1989). Here, there is no dispute that no one was in or near the rental car when police arrived at the residence (i.e., no one had possession of the car), the car was rented by Appellant, the console was closed when police searched the car, and both a handgun and a receipt for payment of a 9 cellular phone bill in Appellant’s name were found in the center console of that car. The issue is whether this evidence was sufficient to establish Appellant’s knowledge of the handgun in the console; in other words, to rebut Appellant’s reasonable hypothesis of innocence that, as the trial court summarized, “somebody else drove the vehicle at some point in time, and it is their gun as opposed to [Appellant’s].”

Another Case on Constructive Possession

Free Download of the Constructive Possession Opinion from Florida

The Court’s Ruling on Constructive Possession

“Here, the learned trial court’s denial of Appellant’s JOA motion focused primarily on the presence in the console of the handgun and the T-Mobile receipt bearing Appellant’s name and dated two days before the search. The court found that this two-day period was sufficiently close in time to infer Appellant’s knowledge of the gun’s presence, and was bolstered by the fact that the girlfriend to whom Mr. Byrd testified he turned over the rental car was not at the residence when police arrived, but the car was. But the State presented no evidence to rebut Appellant’s evidence that other individuals either drove or occupied the car in the intervening two days between the date on the receipt and the search. Also, police could not testify from whom or where they obtained the keys to the car, and could not say who drove the rental car to the residence on the day of the search. Furthermore, as in Evans, although the presence of the T-Mobile receipt bearing Appellant’s name suggests Appellant may have placed the receipt there, “[s]uch an inference, however, provides no time frame with regard to when the [gun] came to reside” in the console, “nor any help as to appellant’s present dominion over the [gun].” 32 So. 3d at 191. Thus, we hold that the evidence here was insufficient to support a prima facie case that Appellant was in constructive 12 possession of the firearm, and thus we must reverse Appellant’s conviction. REVERSED”

Excerpts of Opinion of the Florida Court on Constructive Possession

Constructive Possession conviction reversed where “the State presented no evidence to rebut Appellant’s evidence that other individuals either drove or occupied the car in the intervening two days between the date on the receipt and the search. Also, police could not testify from whom or where they obtained the keys to the car, and could not say who drove the rental car to the residence on the day of the search.”

Complete Opinion of the Court on Constructive Possession

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JOE LEE KEMP, IV,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
CASE NO. 1D14-2738
Opinion filed June 15, 2015.
An appeal from the Circuit Court for Duval County. James H. Daniel, Judge. Diana L. Johnson of Johnson and Lufrano, P.A., Jacksonville, for Appellant. Pamela Jo Bondi, Attorney General, Jessica DaSilva, Assistant Attorney General, Tallahassee, for Appellee. THOMAS, J. Appellant appeals his conviction for possession of a firearm by a convicted felon.

We address only the first issue, whether the trial court erred by denying the motion for judgment of acquittal (JOA), as we reverse on this ground and order Appellant’s discharge from the conviction. 2 Facts While in the course of executing a search warrant, police arrived at the residence in question; inside were Appellant and four other males. Adjacent to the residence was a fenced-in area where a newer-model Chrysler was located, with other cars. Detective Hanson was the first officer to search the Chrysler. In the glove compartment he found a rental car agreement in Appellant’s name with what appeared to be Appellant’s signature.

According to the agreement, the rental period began on August 29, 2013, and was due to end at 6:00 p.m. on September 5, 2013, the day of the search. In the front-seat center console, which was closed, the detective found a handgun and a receipt for payment of a T-Mobile cell phone bill. Appellant’s name was on the receipt, which reflected that the bill had been paid in cash two days before the search. Another officer noted a number of items in the back seat area, including a student handbook. No DNA or fingerprint testing was done on the firearm or any other items, and no one in the residence claimed ownership of the gun. Detective Hanson was unable to recall with certainty whether the car was locked. None of the testifying officers could recall how the car keys were obtained, when the men in the residence had arrived there, or who drove the rental car to the residence that day, who had been driving it during the rental period, or 3 who owned the various items in the back seat area of the car.

Appellant moved for JOA at the close of the State’s evidence, arguing that the State failed to prove a prima facie case of possession of a firearm. Acknowledging that the firearm was found in the closed center console of a vehicle that contained items that purportedly were Appellant’s, Appellant argued that the car was located within a residence that contained several people; no one identified Appellant as the sole driver of the Chrysler; no DNA or fingerprint evidence linked Appellant to the firearm; and the keys to the vehicle were not obtained from Appellant.

The State argued that the element of knowledge was established by the location of the T-Mobile receipt dated September 3, 2013, found in the same console as the firearm. In denying the motion, the court acknowledged that the fact that the car was rented in Appellant’s name was insufficient to prove possession of the gun, but found that, at that point in the trial, there was no evidence that anyone other than Appellant had been in the car. The court also acknowledged, however, that “nobody is really sure exactly where the keys came from either. But in the end you’ve got this phone bill sitting there in the container which is holding the gun, and I think that is enough to require the Court to deny” the motion.

Appellant then called one witness, Mr. Byrd, who testified that he drove the rental car all day on August 31, 2013, and that others were in the car with him, but 4 he had not driven it since that day. When he was finished driving the car, the witness turned it over to Appellant’s girlfriend. He also testified that, in addition to the girlfriend, two of the men who were at the residence when police arrived had also driven the car during the week before the search. Mr. Byrd testified that on the day of the search he drove to the residence in a car belonging to Appellant’s girlfriend. Mr. Byrd did not observe the rental car when he arrived, and Appellant was alone at the residence. Mr. Byrd testified that he did not know how either Appellant or the other men got to the residence, or who drove the rental car that day. Mr. Byrd testified that, although he owned a handgun, the firearm found in the rental car was not his.1 Appellant rested his case and renewed his motion for JOA, adding to his previous argument that he had presented evidence that other persons had been in the rental car during the week prior to the search.

The trial court acknowledged the circumstantial nature of the State’s case and that this required the State to present evidence rebutting Appellant’s reasonable hypothesis of innocence: However, I think the state has done that again with the phone bill being there; also the fact that [Byrd] said he gave the car to [Appellant’s] wife or girlfriend. The girlfriend was not there. His girlfriend didn’t drive it, okay. [Byrd] had no idea who drove it over there on the day in question. And, again, you’ve got the phone bill in 1 Over Appellant’s objection, the court allowed the State to elicit testimony from Mr. Byrd that his firearm was found in Appellant’s girlfriend’s vehicle and he did not have a concealed weapons permit, forming the basis of Appellant’s second assertion of error. 5 there from a very close . . . date to when the vehicle was searched and the gun was found and I think that the phone bill . . . identifies [Appellant] and the container . . . there is something that identifies [Appellant] in the container that is holding the gun . . . I think the state . . . has some evidence to rebut that reasonable hypothesis of innocence . . . . The trial court found that this was not undermined by Mr. Byrd’s testimony, and pointed out that the gun did not belong to Mr. Byrd.

The court also found that it “clearly” wasn’t the girlfriend to whom Byrd handed over custody of the vehicle. Analysis A trial court’s denial of a motion for JOA is reviewed de novo to determine if the evidence is legally sufficient to sustain a conviction. Jones v. State, 790 So. 2d 1194 (Fla. 1st DCA 2001). An appellate court must consider the evidence and all reasonable inferences from the evidence in a light most favorable to the State. Lynch v. State, 293 So. 2d 44 (Fla. 1974). Here, the State’s case was based on a theory of constructive possession of the handgun. Florida law requires this court to apply a “special” standard of review in circumstantial evidence cases, such that, when viewing the evidence in a light most favorable to the State, this court must determine whether the evidence viewed in this light excludes every reasonable hypothesis of innocence. State v. Law, 559 So. 2d 187 (Fla. 1989). If such evidence has been introduced at trial which contradicts any reasonable hypothesis of innocence, the jury’s verdict of guilt must be affirmed, as it is solely the prerogative of the factfinder to accept or reject 6 contradictory evidence. Id. at 188.

This “special standard” applicable in circumstantial evidence cases has been questioned in Knight v. State, 107 So. 3d 449 (Fla. 5th DCA), rev. granted, 151 So. 3d 1226 (Fla. 2014), in which the Fifth District noted that the “special standard” is inconsistent with Florida’s Standard Jury Instructions in Criminal Cases, federal law, and the majority of jurisdictions. Under the United States Constitution, no such “special standard” is required. Jackson v. Virginia, 443 U.S.307, 326 (1979) (citing Holland v. United States, 348 U.S. 121 (1954)). Under federal law, the “rational trier of fact” test is the rule of law. Id. And of course, in Tibbs v. State, 397 So. 2d 1120 (Fla. 1981), our Supreme Court prohibited appellate courts from reweighing the evidence when reviewing an order denying a motion for a judgment of acquittal. In Westbrooks v. State, the Second District affirmed the denial of a motion for judgment of acquittal, stating: Generally, a motion for judgment of acquittal should be denied “[i]f after viewing the evidence in the light most favorable to the state, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt.” Pagan v. State, 830 So. 2d 792, 803 (Fla. 2002). However, in cases in which the evidence is “wholly circumstantial,” a special standard of review applies: “the evidence must also exclude the defendant’s reasonable hypothesis of innocence.” Id; see also Mosley v. State, 46 So. 3d 510, 526 (Fla. 2009) (“If the state presents both direct and circumstantial evidence, courts do not apply the special standard of review applicable to circumstantial evidence cases.” (citing Pagan, 830 So. 2d at 803)).

“Under the circumstantial evidence standard, when there is an inconsistency between the defendant’s theory of innocence and the evidence, when viewed in a light most favorable to the state, the 7 question is one for the finder of fact to resolve and the motion for judgment of acquittal must be denied.” Durousseau v. State, 55 So. 3d 543, 557 (Fla. 2010). “‘The state is not required to ‘rebut conclusively every possible variation’ of events which could be inferred from the evidence, but only to introduce competent evidence which is inconsistent with the [d]efendant’s theory of events.’” Id. (quoting State v. Law, 559 So. 2d 187, 189 (Fla. 1989)). The state is not required to rebut a hypothesis of innocence that is unreasonable. See Henderson v. State, 679 So. 2d 805, 806 (Fla. 3d DCA 1996)(“While we must agree with [appellant] that the State was required to provide evidence inconsistent with any reasonable hypothesis of innocence, we emphasize that the State was not required to exclude any unreasonable hypothesis.”). 145 So. 3d 874, 877-78 (Fla 2d DCA 2014) (emphasis in original). In a concurring opinion, two judges of the panel decision expressed their concern with Florida law which requires courts to apply a special rule in circumstantial criminal cases, noting the Fifth District’s analysis in Knight v. State, and the statement there that “Florida should join the federal courts and the vast majority of states that have abandoned use of a special circumstantial evidence standard of review.” Id. at 881 (Morris and Black, JJ., concurring) (quoting Knight v. State, 107 So. 3d 449, 457 (Fla. 5th DCA 2013)). The concurring opinion quoted the court in Knight, stating the special standard improperly disregards the jury’s role and requires the appellate court to “‘ignore[] the correlation between the ‘strength’ of circumstantial evidence and ‘reasonableness’ of various hypotheses of innocence.’” Id. Finally, the concurring opinion noted that the court in Knight stated that clarification in the law as to when the special rule on circumstantial 8 evidence must apply would be beneficial. Id.

Here, as did the trial court, we apply the special standard of review of cases involving circumstantial evidence, even assuming that Appellant’s stipulation of his status as a felon, an element of the crime here, constitutes direct evidence, because there was no direct evidence that Appellant possessed the handgun, and his status as felon alone does not constitute proof of guilt. Westbrook, 145 So. 3d at 878 (although the State presented evidence that defendant had been told in advance of robbery plan, “there was no direct evidence that Westbrooks participated in the robberies. . . . Therefore, this court must apply the special standard applicable to wholly circumstantial evidence cases. See Kocaker v. State, 119 So. 3d 1214, 1225 (Fla. 2013).”).

In addition to the circumstantial evidence rule, we apply the rule of law on constructive possession. When the “premises where contraband is found is in joint, rather than exclusive, possession of a defendant, however, knowledge of the contraband’s presence and the ability to control it will not be inferred from the ownership but must be established by independent proof.” Julian v. State, 545 So. 2d 347, 348 (Fla. 1st DCA 1989). Here, there is no dispute that no one was in or near the rental car when police arrived at the residence (i.e., no one had possession of the car), the car was rented by Appellant, the console was closed when police searched the car, and both a handgun and a receipt for payment of a 9 cellular phone bill in Appellant’s name were found in the center console of that car. The issue is whether this evidence was sufficient to establish Appellant’s knowledge of the handgun in the console; in other words, to rebut Appellant’s reasonable hypothesis of innocence that, as the trial court summarized, “somebody else drove the vehicle at some point in time, and it is their gun as opposed to [Appellant’s].”

Factually, this case bears sufficient resemblance to Evans v. State, 32 So. 3d 188 (Fla. 1st DCA 2010), to warrant reversal.2 In Evans, police searched a bedroom identified by an informant as the appellant’s, which was in a jointly possessed home. Police found on the bed in that room a duffel bag containing the appellant’s passport and other items, including a toiletry kit containing illicit drugs. Id. at 189. In part of its discussion as to why reversal was necessary, the court explained: “Because the premises where the officers found the contraband were in joint, rather than exclusive, possession, one cannot infer either the ‘knowledge’ or ‘ability to maintain dominion and control’ element from mere ownership of the 2 The State relies solely on Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981), a reliance that is misplaced for two reasons: First, Wale involved a motion to dismiss, not a JOA motion; and second, the contraband at issue in Wale was found inside a box that was labeled with the appellant’s name and address, and was found inside Appellant’s bedroom closet. It was in this context that the court in Wale held: “Guilty knowledge can be presumed from the facts and evidence, and once it is shown that the contraband is found in the defendant’s home, in his own closet, in a box bearing his name and address, a jury question is created as to whether he had knowledge of the contraband’s presence.” Id. at 740. 10 residence or proximity to the contraband. The State must establish both elements by independent proof.” Id. at 190.

In Evans, this court addressed S.B. v. State, 657 So. 2d 1252 (Fla. 2d DCA 1995), where the Second District concluded that the State failed to prove that S.B. constructively possessed marijuana found in a grocery bag in the trunk of a car carrying him and several other passengers, even though S.B. admitted owning the bag, because the officer never asked if S.B. owned the container in which the marijuana was found, never inventoried the contents of the bag, and never obtained fingerprints from the container. Evans, 32 So. 3d at 189. The Evans court also addressed N.K.W., Jr. v. State, 788 So. 2d 1036 (Fla. 2d DCA 2001), explaining that “the evidence failed to show N.K.W. constructively possessed LSD found inside a baggy in his wallet, as the wallet was located in plain view on a bedroom closet shelf to which many people attending a party had access.” Id. The court noted that “N.K.W. did not admit owning the LSD, officers obtained no fingerprints from the baggy, and no direct evidence established his knowledge of the presence of the contraband.” Id. In Evans, this court explained: The presence of appellant’s passport in the duffel bag suggests he could have placed the passport there. Such an inference, however, provides no time frame with regard to when the contraband came to reside in the bag, nor any help as to appellant’s present dominion over the contraband. Without more, the mere presence of the passport is no better proof of appellant’s knowledge of, and dominion over, the 11 contraband than S.B.’s acknowledgment of ownership of the grocery bag or N.K.W.’s admission of ownership of the wallet where officers found the drugs. 32 So. 3d at 191.

Here, the learned trial court’s denial of Appellant’s JOA motion focused primarily on the presence in the console of the handgun and the T-Mobile receipt bearing Appellant’s name and dated two days before the search. The court found that this two-day period was sufficiently close in time to infer Appellant’s knowledge of the gun’s presence, and was bolstered by the fact that the girlfriend to whom Mr. Byrd testified he turned over the rental car was not at the residence when police arrived, but the car was. But the State presented no evidence to rebut Appellant’s evidence that other individuals either drove or occupied the car in the intervening two days between the date on the receipt and the search. Also, police could not testify from whom or where they obtained the keys to the car, and could not say who drove the rental car to the residence on the day of the search. Furthermore, as in Evans, although the presence of the T-Mobile receipt bearing Appellant’s name suggests Appellant may have placed the receipt there, “[s]uch an inference, however, provides no time frame with regard to when the [gun] came to reside” in the console, “nor any help as to appellant’s present dominion over the [gun].” 32 So. 3d at 191. Thus, we hold that the evidence here was insufficient to support a prima facie case that Appellant was in constructive 12 possession of the firearm, and thus we must reverse Appellant’s conviction. REVERSED with directions to discharge Appellant. MARSTILLER and BILBREY, JJ., CONCUR27.950575-82.4571776

Is Cannabis Use Legal at the Gasparilla Pirate Fest?

W.F. ''Casey'' Ebsary Jr. — Wed, 03 Jun 2026 23:19:29 GMT

Is Cannabis use legal at the Gasparilla pirate fest?

The use of cannabis, also known as marijuana, is currently illegal in the state of Florida. This includes the use of medical marijuana, which is only legal for certain qualified patients under state law. Therefore, cannabis use is not legal at the Gasparilla Pirate Fest or any other public event in Florida.

Possession of Cannabis in Tampa, Florida

In 2016, Florida voters approved a constitutional amendment (Amendment 2) to allow the use of medical marijuana for certain qualified patients. However, the possession, use, and sale of marijuana for recreational use remains illegal under state law. Florida Statutes, Title XLVI, Chapter 893, prohibits the possession, use, or sale of marijuana, and provides penalties for violation of these laws. Possession of 20 grams or less of marijuana is a first-degree misdemeanor, which can result in up to one year in jail and a fine of up to $1,000. Possession of greater amounts can result in more severe penalties, including prison time.

Cannabis Remains Illegal Under State and Federal Laws

It’s important to note that although marijuana is legal for medicinal use in some states and for recreational use in some states and countries, it remains illegal under federal law. The use of marijuana is a violation of the federal Controlled Substances Act (CSA) and is classified as a Schedule I controlled substance. This means that it is illegal to manufacture, distribute, or possess marijuana.

Law Enforcement Presence

During the Gasparilla Pirate Fest, local law enforcement agencies such as the Tampa Police Department, Hillsborough County Sheriffs, and Florida Highway Patrol will be present to enforce the laws and regulations of the state of Florida. This includes enforcing the laws related to marijuana possession and use. Therefore, it’s illegal to use or possess marijuana during the Gasparilla Pirate Fest and can lead to arrest and penalties.

Conclusion

In conclusion, the use of cannabis, also known as marijuana, is currently illegal in the state of Florida, including the use of medical marijuana. It’s illegal to use or possess marijuana during the Gasparilla Pirate Fest and can lead to arrest and penalties. The possession, use, and sale of marijuana for recreational use is prohibited by Florida Statutes and is classified as a Schedule I controlled substance under federal law. Local law enforcement agencies will be present during the event to enforce the laws and regulations of the state of Florida.

This information was generated using assistive intelligence technology AI.

Polk Marijuana Defense Attorney (813) 222-2220 – Drug Crimes – Cannabis

W.F. ''Casey'' Ebsary Jr. — Wed, 03 Jun 2026 23:07:08 GMT

Polk County Marijuana Law

Drug2Go.com and Polk Marijuana Defense Attorney now have a FREE fully searchable Polk Drug Crimes Cannabis Marijuana defense database on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police illegally improperly search for and then seize contraband without a Search Warrant. Casey reviews the Minimum Mandatory sentences that may apply to some Marijuana and Cannabis Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Polk County, Florida.

Transcript: [Polk Marijuana Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at (813) 222-2220. Let me drive to court to help you.[End of Polk Cannabis Defense Lawyer Narration]

FRAU1171 Fraudulent Use of Personal Information

W.F. ''Casey'' Ebsary Jr. — Wed, 20 May 2026 21:26:33 GMT

Update 2026 FRAU1171 Fraudulent Use of Personal Information in Florida

FRAU1171 Fraudulent Use of Personal Information Defense Lawyer in Tampa

Charged with FRAU1171 fraudulent use of personal information in Florida? Tampa defense attorney Casey Ebsary explains defenses and risks.

When clients contact me after being accused of fraudulent use of personal information, they are often overwhelmed, embarrassed, and frightened about what comes next. Many people have never been in trouble before. Others are shocked to learn how aggressively identity-related allegations are investigated in Florida. As a board-certified criminal trial lawyer, I have spent decades defending people facing serious accusations involving fraud, technology, computers, identity issues, and financial investigations.

At the Law Office of W F Casey Ebsary Jr, I represent individuals accused of offenses involving personal identification information, alleged identity theft, internet-based accusations, and fraud-related investigations throughout the Tampa Bay area.

If you or someone you care about has been arrested or is under investigation, contact me immediately through my contact page or review my background on my attorney bio page.

Understanding FRAU1171 Allegations

The offense code FRAU1171 is associated with allegations involving the fraudulent use of personal information. The original version of the page on my website references allegations involving identity theft and unauthorized use of identifying information. (Law Offices of W.F. “Casey” Ebsary Jr.)

In my experience, these cases frequently involve allegations tied to:

Credit card applications
Online account activity
Financial transactions
Social media accounts
Phone or utility accounts
Employment documentation
Digital payment systems
Personal identifying information stored electronically

Every case is different. I never assume the accusation tells the full story. Many investigations begin with incomplete information, mistaken identity, inaccurate digital records, or assumptions made before all evidence is reviewed.

Why These Cases Can Become Extremely Serious

Identity-related accusations often expand quickly. A simple investigation can suddenly involve:

Investigation Issue	Why It Matters
Cell phone evidence	Investigators may analyze communications and metadata
Computer records	Devices may be searched for account activity
IP addresses	Internet records can become part of the investigation
Financial transactions	Banks and payment providers may be contacted
Social media evidence	Screenshots and login records are often reviewed
Multiple jurisdictions	State and federal agencies may both investigate

I have handled cases where the allegation itself was only part of the problem. The real issue became how investigators interpreted electronic evidence, digital records, or online activity.

Because I have extensive experience with computer and technology evidence, I understand how prosecutors often attempt to build these cases. I also understand how digital evidence can be misunderstood, misinterpreted, or wrongly attributed to the accused person.

My Approach to Defending Fraud and Identity Allegations

As a board-certified criminal trial expert, I focus on details many lawyers overlook.

When I evaluate a fraudulent use of personal information case, I look closely at:

Who actually controlled the device?
Who had access to the account?
Was consent ever given?
Can the state prove intent?
Are records incomplete or misleading?
Was the evidence properly collected?
Did investigators jump to conclusions?

In many technology-related cases, investigators assume that the person associated with a device or account must automatically be responsible. Real life is not always that simple.

Shared devices, reused passwords, public Wi-Fi, family access, business systems, spoofing technology, and hacked accounts can create enormous factual disputes.

I do not make promises about outcomes. Every case depends on its specific facts. But I can say with certainty that early intervention by an experienced defense lawyer can matter significantly.

Contact Me Immediately if You Learn You Are Under Investigation

One of the biggest mistakes people make is waiting too long to obtain counsel.

I have seen situations where individuals:

Spoke to investigators voluntarily
Turned over devices without understanding the consequences
Made statements attempting to “clear things up”
Communicated with alleged victims directly
Destroyed potentially important evidence
Posted about the situation online

If you believe you may be under investigation, I strongly recommend speaking with counsel before answering questions or consenting to searches.

You can reach me directly through the CentralLaw contact page or learn more about my background on my professional bio page.

Common Evidence in Fraudulent Use of Personal Information Cases

Digital Evidence

Modern fraud investigations frequently involve digital evidence. Investigators may review:

Digital Evidence Type	Possible Issues
Email records	Shared access or spoofed communications
Phone extractions	Incomplete context
Browser history	Multiple-user device problems
Cloud accounts	Authorization disputes
Login histories	Location inaccuracies
Banking activity	Misidentification concerns

I have extensive experience reviewing technical evidence and challenging assumptions tied to electronic investigations.

Financial Evidence

Financial allegations often rely heavily on transaction histories.

Investigators may review:

Debit card records
Credit applications
Payment platforms
ATM surveillance
Wire transfers
Cryptocurrency transactions
Online purchase histories

Financial evidence is rarely as straightforward as prosecutors claim during the initial stages of a case.

Identity Theft Allegations and Technology

Technology has changed the way fraud investigations are conducted.

Federal authorities and state investigators increasingly focus on:

Data breaches
Phishing allegations
Account takeovers
Online impersonation
Unauthorized account access
Social engineering schemes

Cornell Law School’s Wex legal encyclopedia discusses how internet and computer fraud allegations may involve unauthorized computer access, phishing, misuse of identifying information, and related digital conduct. (Legal Information Institute)

I have handled cases where the technology itself became central to the defense strategy.

The Human Side of Fraud Allegations

Many people assume fraud accusations only involve professional criminals. That is simply not accurate.

Over the years, I have represented:

College students
Professionals
Business owners
Military members
Parents
Retirees
Individuals with no prior criminal history

Sometimes people are accused after financial hardship, relationship disputes, workplace conflicts, or misunderstandings involving access to information.

No matter the allegation, I treat every client with dignity and discretion.

What I Look for Immediately in These Cases

When I begin working on a fraudulent use of personal information case, I often focus on several early issues:

Defense Investigation Focus	Why It Matters
Device ownership	May affect attribution
Consent issues	Access may not have been unauthorized
Timeline reconstruction	Can expose factual inconsistencies
Witness credibility	Statements may conflict
Search procedures	Constitutional issues may exist
Financial tracing	Transaction assumptions may be flawed

Technology-based allegations are rarely as simple as they first appear.

Why Experience Matters in Fraud Cases

Not every criminal defense lawyer is comfortable handling digital evidence, online investigations, or technology-heavy prosecutions.

These cases may involve:

Server logs
Metadata
IP addresses
Cell phone extraction reports
Cloud storage records
Encrypted communications
Multi-agency investigations

I have spent years working with complex technical evidence in criminal cases. That background allows me to understand both the legal and technological sides of an investigation.

Learn more about my experience on my attorney profile page.

Possible Long-Term Consequences of Fraud Allegations

Even an accusation can create serious personal and professional consequences.

Potential concerns may include:

Employment issues
Professional licensing concerns
Financial problems
Reputation damage
Immigration consequences
Security clearance concerns
Difficulty obtaining housing or loans

Because of these risks, I believe it is critical to address these cases aggressively and strategically from the beginning.

Frequently Asked Questions About FRAU1171 Cases

FAQ

1. What is FRAU1171?

FRAU1171 is a charging code associated with allegations involving fraudulent use of personal information or identity-related offenses referenced on my website. (Law Offices of W.F. “Casey” Ebsary Jr.) The exact facts of every case are different, and I carefully review the allegations before offering advice tailored to a client’s situation. I do not assume the charging document tells the entire story.

2. Can someone be charged based only on online activity?

In some investigations, online records become part of the evidence reviewed by law enforcement. That may include account access histories, communications, or transaction records. However, online evidence does not always prove who actually performed the conduct being alleged.

3. Do police investigate these cases using phones and computers?

Yes. In my experience, electronic devices frequently become part of fraud and identity investigations. Investigators may attempt to review communications, account activity, and stored information depending on the facts of the case.

4. Should I talk to investigators if they contact me?

I generally recommend that people speak with counsel before answering questions in a criminal investigation. Statements made early in a case can later become important evidence. Every situation is unique, so legal advice should be tailored to the specific circumstances.

5. Can identity theft allegations involve federal authorities?

Some identity-related investigations may involve federal agencies depending on the allegations and evidence involved. I cannot predict whether any individual case will become federal. That determination depends on facts specific to the investigation.

6. Are fraud allegations always based on stolen information?

Not necessarily. Some cases involve disputes about authorization, consent, account access, or who actually used certain information. These factual disputes can become central to the defense.

7. What should I do if police want to search my devices?

You should speak with an attorney immediately. Phones, laptops, tablets, and cloud accounts can contain enormous amounts of personal information. Decisions involving searches should never be made casually.

8. Can mistaken identity happen in these cases?

Yes. Digital investigations can sometimes involve shared devices, compromised accounts, spoofed information, or inaccurate assumptions. One of my jobs is to carefully examine whether investigators correctly identified the responsible individual.

9. Why hire a lawyer experienced with technology evidence?

Technology-related cases can involve specialized evidence that not every attorney regularly handles. My experience with computer and digital evidence allows me to analyze technical records in ways that may become important to the defense strategy.

10. When should I contact a defense lawyer?

Immediately. Early representation can help protect your rights, preserve evidence, and avoid mistakes that may later harm your case. Waiting too long can create unnecessary risks.

Speak With an Experienced Tampa Fraud Defense Attorney

If you are facing allegations involving fraudulent use of personal information, identity theft accusations, or technology-related criminal investigations, I encourage you to contact me as soon as possible.

At the Law Office of W F Casey Ebsary Jr, I bring decades of criminal trial experience and extensive technical knowledge to complex fraud and identity investigations.

You can review my background on my attorney bio page or contact my office directly through the online contact form to discuss your situation privately.

(Law Offices of W.F. “Casey” Ebsary Jr.)

Original Post from 2011

Identity Theft, 817.568.2A, FRAU1171

“uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual’s consent, commits the offense”

Identity Theft

If you have been charged with FRAU1171 FRAUDULENT USE OF PERSONAL INFORMATION ( Identity Theft ) you can call a Tampa Identity Theft Defense Attorney at (813) 222-2220.

Form Code: FRAU1171
Florida Statute: 817.568.2A
Level: Fel (Felony)
Degree: 3rd

Description: FRAUDULENT USE OF PERSONAL INFORMATION

FRAU1171 FRAUDULENT USE OF PERSONAL INFORMATION is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 817 FRAUDULENT PRACTICES

817.568 Criminal use of personal identification information.

(2)(a) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual’s consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Cell Phone Searches History Updated 2025

W.F. ''Casey'' Ebsary Jr. — Thu, 05 Jun 2025 08:22:58 GMT

Cell Phone Searches and Your Rights: Florida Law and Supreme Court Precedents

Introduction: Understanding Cell Phone Searches in Criminal Cases

Cell phones are more than communication devices—they hold a detailed record of our lives. In Florida and across the United States, courts have recognized the sensitivity and depth of this information. At the Law Office of W.F. “Casey” Ebsary Jr., we stay at the forefront of privacy law developments, especially those concerning cell phone searches in criminal investigations.

🎥 Featured Video: Expert Defense When Police Search Your Phone

Click the video above to watch a breakdown of why to choose an expert to protect your rights during a phone search.

If your phone has been searched, it may have been done unlawfully. This landing page explores the legal landscape of cell phone searches, Florida and federal rulings, constitutional protections, and what defenses may be available to you. To speak directly with Attorney Casey Ebsary, visit our contact page or view his biography to learn more.

🔎 Frequently Asked Questions About Cell Phone Searches

FAQ

Can police search my phone without a warrant in Florida?

No. Since the U.S. Supreme Court’s decision in Riley v. California, police generally need a warrant to search a cell phone, even if it was seized during an arrest. Florida courts also support this principle, recognizing that mobile devices carry vast amounts of personal data. A search without a warrant may be subject to a motion to suppress. View Riley on Justia.

What did the Supreme Court say in Riley v. California about phones?

The Court ruled that cell phones differ from other objects due to the volume and sensitivity of data stored on them. It held that the search incident to arrest exception does not apply to digital content on cell phones. The opinion emphasized the need for a warrant before conducting a phone search. Read the full opinion on Justia.

What types of evidence can be found on phones?

Phones may contain photos, messages, location data, voicemails, emails, browsing history, and cloud-stored content. Courts now recognize this content as private and subject to Fourth Amendment protection. Evidence obtained without a proper warrant may be excluded from trial.

Does Florida law allow warrantless cell phone searches?

No. Florida courts have rejected warrantless cell phone searches under both federal and state constitutions. For example, in Smallwood v. State, the Florida Supreme Court found a search invalid where no warrant was obtained. View Smallwood v. State on Justia.

What is a motion to suppress, and how can it help?

A motion to suppress asks the court to exclude evidence obtained in violation of your rights. Under Rule 3.190(h), Florida Rules of Criminal Procedure, defense attorneys may challenge warrantless phone searches. This can result in key evidence being thrown out, possibly weakening or dismissing the prosecution’s case. Read Rule 3.190(h).

Can police access data stored in the cloud?

Generally, police must obtain separate warrants for cloud-stored data. This includes data synced through apps like iCloud or Google Drive. Courts distinguish between data on the device and remotely stored content.

What if I gave consent to search my phone?

If consent is given freely and knowingly, the search may be valid. However, officers sometimes pressure or trick individuals into consenting. A skilled attorney can challenge the validity of the consent.

Can location data from my phone be used against me?

Yes, but only if properly obtained. In Carpenter v. United States, the Supreme Court ruled that accessing historical cell-site location information (CSLI) requires a warrant. Read Carpenter on Justia.

What should I do if my phone was searched without a warrant?

Contact an experienced criminal defense lawyer immediately. You may have grounds to suppress the evidence or seek dismissal of charges. Attorney Casey Ebsary can file motions to suppress based on unlawful phone searches. Schedule a consultation.

Are inventory searches of phones legal?

No. Courts have ruled that inventory searches do not extend to the digital contents of a cell phone. Law enforcement must obtain a warrant even if the phone is part of an impounded vehicle or personal property.

📈 Chart: Warrant Requirements for Cell Phone Data Types

Data Type	Warrant Required?	Key Court Case
Text Messages	Yes	Riley v. California (2014)
Photos/Videos	Yes	Riley v. California (2014)
App Usage Data	Yes	Riley v. California (2014)
Cloud-Backed Content	Yes	Carpenter v. United States
Location (Historical CSLI)	Yes	Carpenter v. United States
Inventory Search of Phone	No	Florida v. Smallwood

✉️ Call to Action: Protect Your Digital Privacy Now

Have your digital rights been violated by law enforcement? Was your phone searched without a warrant? You may be able to fight the charges and suppress unlawfully obtained evidence. Let W.F. “Casey” Ebsary Jr., a Florida Board-Certified Criminal Trial Lawyer, evaluate your case. Contact us now or learn more about Casey here.

🌐 Legal Resources and Statutes

Meta Description : Florida attorney explains cell phone search laws, warrant rules, and digital privacy rights after Riley v. California and Carpenter.

Learn More About Cell Phone Searches

Cell Phone Tracking(Opens in a new browser tab)

Defense Attorney on Cell Phone Search | Evidence Suppressed(Opens in a new browser tab)

Cell Phone Search Incident to Arrest(Opens in a new browser tab)

Search Warrant | Cell Phone Update(Opens in a new browser tab)

Cell Phone Searches – Supreme Court to Rule on Warrant Requirement(Opens in a new browser tab)

Original Post From 2014

Cell Phone Search Warrant, Cell Phone Search, Search and Seizure

Cell Phone Search Warrant

Up until quite recently, there were exceptions to the general requirement that police get a Search Warrant for a cell phone. Cell phones have been a window into suspects’ activities, as police used these exceptions to get their hands on information found inside mobile devices. Obtaining a Search Warrant for a cell phone is not that hard to do. You can review a Search Warrant for a Cell Phone here: Here is an actual iPhone Search Warrant. GPS or Global Positioning Satellite information found in mobile phones has also been used by police.

Up until around 2014, police could and did search digital information on a cell phone seized from an individual who was arrested. Defense Attorneys would frequently challenge such searches. These searches were frequently based upon “helping” arrested citizens by making sure their property was properly inventoried by the arresting officers for safekeeping by jail personnel or by the evidence unit at the arresting agency’s office. This rationale remains a frequent flier in broad invasive “inventory” searches of automobiles during traffic stops.

Phone Search, Search and Seizure, Search Warrant

Phone Search Warrant

Florida had outlawed warrantless phone searches before the US Supreme Court. That ruling is discussed here. Now prohibited will be mobile device and cell phone searches without a warrant. Before the 2014 United States Supreme Court ruling here was another Court’s Ruling on a Phone Search. Searches Incident to a lawful arrest were previously justified by cops using issues of police officer safety and prevention of destruction of evidence.

Now under Florida law, a Motion to Suppress Evidence can be filed pursuant to Rule 3.190(h), Florida Rules of Criminal Procedure. Illegal Search and seizure now applies to phones and the Courts may exclude illegally obtained evidence including, photographs, video, text messages, directory and location data, voice mails, and emails.

Case Summary: The US Supreme Court’s ruling is that a properly obtained and issued search warrant is generally required before search of a phone. Here is some language from the Court’s ruling.

“Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person. The term “cell phone” is itself misleading shorthand; many of these devices are in fact minicomputers that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras,video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers.”

“The sum of an individual’s private life can be reconstructed through a thousand photographs labeledwith dates, locations, and descriptions; the same cannot besaid of a photograph or two of loved ones tucked into a wallet.”

“To further complicate the scope of the privacy interests at stake, the data a user views on many modern cell phones may not in fact be stored on the device itself. Treating a cell phone as a container whose contents may be searched incident to an arrest is a bit strained as an initial matter.”

“[T]he search incident to arrest exception does not apply to cell phones . . . .”

Some Excerpts from Florida Cell Search Cases:

“However, we express great concern in permitting the officer to search appellant’s cell phone here where there was no indication the officer had reason to believe the cell phone contained evidence.”

“We are equally concerned that giving officers unbridled discretion to rummage through at will the entire contents of one’s cell phone, even where there is no basis for believing evidence of the crime of arrest will be found on the phone, creates a serious and recurring threat to the privacy of countless individuals.”

TRAF3039 Fleeing and Attempting to Elude a Police Officer

W.F. ''Casey'' Ebsary Jr. — Thu, 22 May 2025 09:12:09 GMT

Fleeing and Attempting to Elude a Police Officer – TRAF3039

If you have been charged with TRAF3039 Fleeing and Attempting to Elude a Police Officer, call Tampa Criminal Defense Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220 or contact us online.

🔍 What is Fleeing and Attempting to Elude a Police Officer (TRAF3039)?

TRAF3039 refers to charges filed under Florida Statute 316.1935(1), which makes it a third-degree felony to intentionally flee or attempt to elude a law enforcement officer after being ordered to stop.

“It is unlawful… to willfully refuse or fail to stop… or… to flee in an attempt to elude…” — Florida Statute § 316.1935(1)

📌 Quick Facts

Detail	Information
Form Code	TRAF3039
Statute	316.1935(1), Florida Statutes
Offense	Fleeing and Attempting to Elude a Police Officer
Degree	Third-Degree Felony
Punishment	Up to 5 years in prison
County	Common in Hillsborough County, FL

❓Frequently Asked Questions (FAQ)

⚖️ What are the penalties for Fleeing and Attempting to Elude in Florida?

A third-degree felony under § 316.1935(1) is punishable by:

Up to 5 years in prison
Up to 5 years probation
Up to $5,000 in fines
Felony conviction on your record
Possible driver’s license suspension

§ 775.082, § 775.083, § 775.084 – Florida Statutes provide the legal framework for felony sentencing.

🛑 What does “willfully flee” mean under the law?

“Willfully” means intentional and knowing refusal to stop after being ordered by police. You may be charged even if:

You drove away slowly but deliberately
You stopped, then sped off
You ignored lights and sirens

Intent matters. A mistake, fear, or panic could be raised as a defense.

🚔 How does the prosecution prove this charge?

To convict under § 316.1935(1), the State must prove:
You were driving a vehicle
A law enforcement officer gave a lawful stop order
You knew about the order
You willfully refused to stop or fled
Dashcam footage, police testimony, and GPS data often serve as evidence.

⚠️ Are there harsher penalties for aggravated fleeing?

Yes. If during the act of fleeing you:

Drive at high speed or recklessly → Felony of the second degree
Cause injury or death → Felony of the first degree

See § 316.1935(3) and (4) for aggravated fleeing penalties.

📍 Is this charge common in Hillsborough County?

Yes. Tampa and Hillsborough County law enforcement aggressively prosecute fleeing and eluding. TRAF3039 charges frequently appear in:

High-speed chases
DUI stops
Traffic checkpoints
Suspected stolen vehicle stops

If you’ve been charged, speak to a Tampa Criminal Defense Attorney right away.
📞 Call now: (813) 222-2220
💼 Schedule a free consultation

📉 What are the defenses to fleeing and eluding?

Top 5 defenses include:

Top 5

🚫 Lack of knowledge (did not know it was police)
❌ No lawful stop order was given
❗ Medical or mental emergency
🛑 Mistaken identity or driver
😱 Fear for safety (e.g., isolated road, unmarked vehicle)

A defense attorney can investigate dashcam footage, radio logs, and witness statements.

🧑‍⚖️ What are my options if charged?

Depending on the facts:

Motion to Dismiss (lack of evidence)
Pretrial Diversion
Plea to lesser offense
Trial
Withhold of adjudication (no felony conviction)

Contact Attorney W.F. “Casey” Ebsary to discuss tailored strategies to avoid prison and preserve your record.

🔗 Meet Your Attorney – W.F. Casey Ebsary Jr.

📽️ What should I do immediately after being charged?

Do not speak to police without legal counsel
Collect all documents: citations, bond, notice to appear
Request discovery to review video/audio evidence
Hire a criminal defense attorney

📊 Penalty Chart for § 316.1935(1) Fleeing and Eluding

Offense	Degree	Prison	Fine	License Suspension
Fleeing w/o injury	3rd Degree	Up to 5 yrs	Up to $5,000	Up to 1 year
Reckless fleeing	2nd Degree	Up to 15 yrs	Up to $10,000	1-5 years
Injury or death	1st Degree	Up to 30 yrs	Up to $10,000	Mandatory 5 yrs

📺 Video: Understanding Florida’s Fleeing and Eluding Law

“Fleeing from Police in Florida – What You Need to Know”]
✅ Hosted by Attorney Casey Ebsary – Subscribe for legal insights

🧭 Resources & Legal References

✅ Why Hire Attorney W.F. “Casey” Ebsary Jr.?

📍 Based in Tampa, FL
⚖️ Board-Certified Criminal Trial Lawyer
🧠 Tech-savvy and experienced in digital evidence
📝 Decades of experience in State and Federal courtrooms

📅 Schedule a Free Case Review
👨‍💼 Read Attorney Bio

📞 Call Today

Don’t face a felony charge alone. If you’ve been accused of Fleeing and Eluding in Florida under TRAF3039, Attorney Casey Ebsary is ready to help.

📞 (813) 222-2220
💼 https://www.centrallaw.com/contact-us/

Navigating Flee to Elude Charges in Florida: A Comprehensive Guide with Casey the Lawyer(Opens in a new browser tab)

Street Racing History in Tampa Florida(Opens in a new browser tab)

Drug Crime Stories(Opens in a new browser tab)

Cops Gone Wild(Opens in a new browser tab)

COPS2000 Obstructing or Opposing an Officer with Violence Defense | Tampa Lawyer(Opens in a new browser tab)

Original Post Updated to 2025 See Above TRAF3039 Fleeing and Attempting to Elude a Police Officer

FLEEING AND ATTEMPTING TO ELUDE

If you have been charged with TRAF3039 FLEEING AND ATTEMPTING TO ELUDE A POLICE OFFICER you can call a Tampa Criminal Defense Attorney at (813) 222-2220 and tell me your story.

Form Code: TRAF3039
Florida Statute: 316.1935.1
Level: Fel (Felony)
Degree: 3rd

Description: FLEEING AND ATTEMPTING TO ELUDE A POLICE OFFICER

TRAF3039 FLEEING AND ATTEMPTING TO ELUDE A POLICE OFFICER is often charged in Hillsborough County, Florida.

Title XXIII MOTOR VEHICLES

Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.

(1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

ASSA5005 Aggravated Assault With Deadly Weapon

W.F. ''Casey'' Ebsary Jr. — Sat, 10 May 2025 04:08:08 GMT

Florida Statute §784.021(1)(a) | Tampa Criminal Defense Attorney

ASSA5005 Defense Law Office of W.F. “Casey” Ebsary Jr.
📅 Updated: May 10, 2025
📍 Serving Tampa, Hillsborough County, and surrounding areas
📞 Call: (813) 222-2220 | 🌐 Contact Us Now

What Is ASSA5005 – Aggravated Assault With a Deadly Weapon?

ASSA5005 is the Florida Uniform Crime Code for Aggravated Assault With a Deadly Weapon, charged under Florida Statute §784.021(1)(a). This offense occurs when a person commits an assault while brandishing or using a deadly weapon — without intent to kill. It is classified as a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

Aggravated assault with a deadly weapon is a frequently charged violent offense in Hillsborough County, and prosecutors pursue these cases aggressively. If you’ve been arrested or accused of this offense, you need an experienced Tampa criminal defense attorney to protect your rights.

Legal Breakdown: Florida Statute §784.021

Element	Explanation
Charge Code	ASSA5005
Offense Title	Aggravated Assault With Deadly Weapon
Statute Cited	Florida Statute §784.021(1)(a)
Offense Level	Felony
Felony Degree	3rd Degree
Maximum Penalty	5 years in prison, $5,000 fine, 5 years probation
Weapon Involved?	Yes, deadly weapon used without intent to kill

Q&A: Aggravated Assault With a Deadly Weapon (ASSA5005)

FAQ

❓ Is ASSA5005 a felony in Florida?

Yes, ASSA5005 is a third-degree felony in the state of Florida. A conviction carries serious consequences, including prison time, probation, fines, and a permanent criminal record. Even if no one was physically harmed, the presence or display of a deadly weapon can elevate a simple assault to aggravated assault. This felony charge can also affect your rights, such as firearm ownership and employment opportunities.

❓ What is considered a “deadly weapon” under Florida law?

Florida courts define a deadly weapon as any object that is likely to produce death or great bodily harm when used in its intended or threatened manner. This includes firearms, knives, and blunt objects, but also vehicles, tools, or even bottles depending on how they are used. Even an unloaded gun can qualify if it was used to threaten someone. The interpretation is often fact-specific and can be challenged by a skilled defense attorney.

❓ Do I need to actually harm someone to be charged?

No, you do not need to cause physical harm to be charged with ASSA5005. The crime focuses on the threat of violence, not the result. If the victim reasonably believed they were about to be attacked and you had the apparent ability to carry out that threat with a deadly weapon, prosecutors may file this charge. The law prioritizes prevention of harm and punishes threatening behavior involving dangerous weapons.

❓ What are the penalties for aggravated assault with a deadly weapon?

A conviction for ASSA5005 carries a maximum of 5 years in Florida State Prison, 5 years of probation, and a $5,000 fine. It also results in a permanent felony record, which can impact future employment, housing, and civil rights like voting and gun ownership. In some cases, judges may impose mandatory minimum sentences, especially if firearms are involved.

❓ Can the charges be reduced or dropped?

Yes, charges can sometimes be reduced to a lesser offense, like misdemeanor assault or improper exhibition of a weapon, or even dismissed entirely. Factors such as lack of credible evidence, self-defense, or inconsistent witness statements can work in your favor. An experienced criminal defense lawyer can negotiate with the State Attorney or file motions to suppress illegally obtained evidence.

Top 5 Legal Defenses to ASSA5005

Top 5

Self-Defense: You acted to protect yourself or another person from imminent harm.
No Deadly Weapon: The item involved does not legally qualify as a deadly weapon.
Lack of Intent: There was no actual intent to threaten or commit a violent act.
False Accusation: The alleged victim fabricated the incident or misidentified you.
No Imminent Threat: Your actions did not create a legitimate fear of immediate violence.

Florida Penalty Chart: ASSA5005

Penalty Type	Maximum Consequence
Prison Sentence	Up to 5 years in Florida State Prison
Probation Term	Up to 5 years of supervised probation
Monetary Fine	Up to $5,000
Criminal Record	Permanent felony record
Firearm Rights	Revoked upon felony conviction

Why Choose W.F. “Casey” Ebsary Jr.?

W.F. “Casey” Ebsary Jr. is a Board-Certified Criminal Trial Lawyer and former prosecutor with decades of experience defending clients against violent felony charges like aggravated assault with a deadly weapon. As a recognized authority on Florida criminal law, Casey is known for aggressive defense strategies, attention to detail, and courtroom expertise. He has successfully handled thousands of felony cases in Tampa and Hillsborough County.

Take Action Now – Protect Your Freedom

Facing an aggravated assault charge is life-changing. Time is critical, and your next steps can impact your entire future. Do not speak to police or prosecutors without legal counsel. Attorney W.F. “Casey” Ebsary Jr. offers free case evaluations and is ready to build your defense.

📞 Call Today: (813) 222-2220
📨 Schedule a Free Consultation Online

Call a Florida Attorney

Related Florida Statutes and Resources

🔹 Florida Statute §784.021 – Aggravated Assault
🔹 Florida Statute §775.082 – Felony Sentencing
🔹 Florida Statute §775.083 – Criminal Fines
🔹 Florida Statute §775.084 – Habitual Offender Penalties

2010 Post Updated to 2025

Aggravated Assault Deadly Weapon

“Whoever commits an aggravated assault shall be guilty of a felony of the third degree”

If you have been charged with ASSA5005 AGGRAVATED ASSAULT WITH DEADLY WEAPON you can call a Tampa Criminal Defense Attorney

Form Code: ASSA5005
Florida Statute: 784.021.1A
Level: Fel (Felony)
Degree: 3rd
Description: AGGRAVATED ASSAULT WITH DEADLY WEAPON

ASSA5005 AGGRAVATED ASSAULT WITH DEADLY WEAPON one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.021 Aggravated assault.

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

WOCK2000 Tampa Lawyer for Worthless Check Less Than $150

W.F. ''Casey'' Ebsary Jr. — Mon, 28 Apr 2025 12:30:48 GMT

Charged with Obtaining Property or Services with a Worthless Check?

If you have been charged with WOCK2000 – Obtaining Property or Services in Return for Worthless Checks (under Florida Statute § 832.05.4), you need a skilled criminal defense lawyer on your side. While this offense is classified as a first-degree misdemeanor, a conviction can still result in severe penalties, including jail time and a permanent criminal record.

Attorney W.F. Casey Ebsary Jr. of the Law Office of W.F. Casey Ebsary Jr. is committed to defending clients facing charges related to worthless checks. Whether you’re accused of writing a check or using a debit card without sufficient funds, we will fight to protect your rights and help you avoid unnecessary penalties.

Florida Statute for WOCK2000: § 832.05.4 – Obtaining Property or Services in Return for Worthless Checks

Under Florida Statute § 832.05.4, it is illegal for an individual to obtain property, services, or any other valuable items by issuing a check, draft, or debit card knowing they do not have sufficient funds or credit to cover the payment.

Key Points of the Statute:

Knowledge of Insufficient Funds: The law makes it unlawful to use a check, draft, or debit card to obtain goods or services if the individual knows at the time that they do not have sufficient funds or credit available to pay.
Threshold of $150: If the check, draft, or debit card order is for less than $150, the charge is classified as a first-degree misdemeanor. If the value is $150 or more, the offense escalates to a felony.
Penalties for a Misdemeanor: A conviction for WOCK2000 (first-degree misdemeanor) can result in:
- Up to 1 year in jail
- Up to 1 year of probation
- Fines up to $1,000
Potential Defenses: There are several defenses available, including proving lack of intent to defraud, showing lack of knowledge about insufficient funds, or demonstrating that the recipient of the check was aware of the situation.

What to Do If You Are Facing WOCK2000 Charges?

If you are facing charges for WOCK2000 (Obtaining Property for Worthless Check), it’s essential to act quickly. Even though this charge may seem minor, it can result in serious penalties. Our firm will help you understand your options, evaluate your case, and formulate a defense strategy to reduce or dismiss the charges.

Possible Defenses to WOCK2000 Charges

Lack of Knowledge: If you were unaware that there were insufficient funds in your account at the time of writing the check or using the debit card, this could serve as a valid defense.
No Intent to Defraud: The prosecution must prove that you had the intent to defraud when writing the check or using the card. If intent cannot be established, the charges may be reduced or dismissed.
Recipient’s Knowledge: If the person or business you issued the check to knew that you had insufficient funds, they may not be able to claim the offense was fraudulent.

An experienced criminal defense lawyer can help you identify the best defense and protect your future.

Contact a Tampa Criminal Defense Lawyer Today

If you’ve been charged with WOCK2000: Obtaining Property for Worthless Check (Less Than $150), it’s crucial to act fast. The consequences of a conviction are serious, and having an experienced lawyer on your side can make all the difference in the outcome of your case.

Call the Law Office of W.F. Casey Ebsary Jr. today at (813) 222-2220 or schedule a free consultation here. We are here to provide you with expert legal advice and defense, and we will work tirelessly to protect your rights and secure your future.

Original Post from 2010 Updated to 2025

Obtaining Property or Services in Return for Worthless Checks, 832.05.4

“knowing at the time of the making, drawing, uttering, issuing, or delivering of such check or draft that the maker thereof has not sufficient funds on deposit”

Worthless Check

If you have been charged with WOCK2000 OBTAIN.PROP. FOR WORTHLESS CK.(LESS THAN $150) (Obtaining Property or Services in Return for Worthless Checks, Drafts, or Debit Card Orders) you can call a Tampa Worthless Check Defense Lawyer at (813) 222-2220.

Form Code: WOCK2000
Florida Statute: 832.05.4
Level: Misd (Misdemeanor)
Degree: 1st

Description: OBTAIN.PROP. FOR WORTHLESS CK.(LESS THAN $150) (Obtaining Property or Services in Return for Worthless Checks, Drafts, or Debit Card Orders)

Need some help avoiding a conviction?

WOCK2000 OBTAIN.PROP. FOR WORTHLESS CK.(LESS THAN $150) (Obtaining Property or Services in Return for Worthless Checks, Drafts, or Debit Card Orders) one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES

Chapter 832 VIOLATIONS INVOLVING CHECKS AND DRAFTS
832.05 Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form.

(4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—

(a) It is unlawful for any person, firm, or corporation to obtain any services, goods, wares, or other things of value by means of a check, draft, or other written order upon any bank, person, firm, or corporation, knowing at the time of the making, drawing, uttering, issuing, or delivering of such check or draft that the maker thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same upon presentation. However, no crime may be charged in respect to the giving of any such check or draft or other written order when the payee knows, has been expressly notified, or has reason to believe that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment thereof. A payee does not have reason to believe a payor does not have sufficient funds to ensure payment of a check solely because the payor has previously issued a worthless check to him or her.

(b) It is unlawful for any person to use a debit card to obtain money, goods, services, or anything else of value knowing at the time of such use that he or she does not have sufficient funds on deposit with which to pay for the same or that the value thereof exceeds the amount of credit which is available to him or her through an overdraft financing agreement or prearranged line of credit which is accessible by the use of the card.

(c) A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is for an amount less than $150 or its equivalent, constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is in the amount of $150, or its equivalent, or more, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

BATT5000 Aggravated Battery (Deadly Weapon)

W.F. ''Casey'' Ebsary Jr. — Sun, 27 Apr 2025 13:35:08 GMT

Arrested for BATT5000 Aggravated Battery (Deadly Weapon) in Hillsborough County?

Facing a charge of Aggravated Battery (Deadly Weapon) under Florida Statute § 784.045(1)(a)(2) is a life-changing event. In Tampa and throughout Hillsborough County, prosecutors treat these cases extremely seriously. A conviction can lead to years in prison, steep fines, and a permanent felony record.

Attorney W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer, stands ready to defend your rights and fight for your future.

If you’ve been arrested or are under investigation for BATT5000 Aggravated Battery (Deadly Weapon), call (813) 222-2220 now for a free confidential consultation.

What Is Aggravated Battery (Deadly Weapon) in Florida?

Under Florida Statute § 784.045(1)(a)(2), you can be charged with aggravated battery if you commit a battery and use a deadly weapon during the offense.

🔹 Statutory Source: Florida Statute § 784.045

Key Elements the State Must Prove:

The defendant intentionally touched or struck the victim against their will; and
The defendant used a deadly weapon during the commission of the battery.

Alternatively, aggravated battery also occurs if great bodily harm, permanent disability, or permanent disfigurement is inflicted, even without a weapon.

Deadly Weapon Definition:
A “deadly weapon” is any object that could cause death or serious injury when used as a weapon. Even objects not normally considered weapons can qualify if used dangerously.

Penalties for BATT5000 (Second-Degree Felony)

Penalty	Details
Prison	Up to 15 years
Probation	Up to 15 years
Fine	Up to $10,000
Level on Sentencing Guidelines	Level 7 offense under Florida Criminal Punishment Code
Additional Consequences	Permanent felony record, loss of civil rights (firearms, voting)

🔹 Sentencing Reference: Florida Criminal Punishment Code

Top 5 Key Facts About BATT5000 Charges

Top 5

#	Consideration	Importance
1	Weapon Use	Alleged use of a deadly weapon escalates battery to a felony.
2	Severity of Injury	Great bodily harm also triggers aggravated battery charges.
3	Self-Defense	A complete legal defense if properly asserted.
4	Victim’s Status	Pregnancy of the victim, if known, can also elevate charges.
5	Early Legal Intervention	The sooner you consult a lawyer, the better your defense options are.

Common Defenses to BATT5000 Aggravated Battery Charges

Experienced criminal defense attorney Casey Ebsary will evaluate the facts to craft a strong defense. Possible defenses include:

Self-Defense: Use of reasonable force to protect oneself or others.
Defense of Others: Protecting another person from imminent harm.
Lack of Intent: No intention to cause harm or use a deadly weapon.
False Allegations: Victim’s account may be exaggerated or false.
Misidentification: Eyewitness mistakes are common in violent incidents.
Object Not a Deadly Weapon: Challenging the classification of the alleged weapon.

Each defense must be custom-tailored to the case facts to maximize success.

Aggravated Battery (Deadly Weapon) BATT5000 – Top 10 FAQs\

FAQ

If you or a loved one are facing a BATT5000 Aggravated Battery (Deadly Weapon) charge, understanding the legal landscape is critical. Below are the top 10 most frequently asked questions to help you better understand what you’re up against—and how the Law Office of W.F. “Casey” Ebsary Jr. can help.

What makes a battery “aggravated” under Florida law?

A battery becomes “aggravated” under Florida Statute § 784.045 when a deadly weapon is used or when the battery causes great bodily harm, permanent disability, or permanent disfigurement. Simple physical contact is considered battery, but severe injury or the use of a weapon upgrades it. Prosecutors aggressively pursue these cases because of the severe penalties involved.

What qualifies as a “deadly weapon”?

A deadly weapon is any object capable of causing death or serious injury. Firearms and knives are typical examples, but many ordinary objects—like bottles, rocks, or vehicles—can also be considered deadly weapons if used dangerously. In court, the way the object was used is often more important than what the object actually was.

Is intent to injure necessary for an aggravated battery charge?

Yes, intent is a key element for aggravated battery. The State must prove that you intended to strike or touch the alleged victim against their will, and that serious injury was caused or a deadly weapon was used. If the prosecution can’t prove intent, you may have a strong defense to fight the charge.

Can I claim self-defense if charged with BATT5000?

Yes, self-defense is a recognized defense under Florida law, including under the “Stand Your Ground” statute. If you reasonably believed you were at risk of serious harm and used proportional force, you could be acquitted. A strong self-defense argument can even lead to dismissal before trial.

What if the “weapon” was an everyday object?

Objects like chairs, tools, or even a cell phone can be classified as deadly weapons depending on how they were used. For example, hitting someone in the head with a heavy glass could meet the standard for a deadly weapon. The context of how the item was used will play a major role in your defense.

How serious is a second-degree felony conviction?

A second-degree felony in Florida carries harsh consequences: up to 15 years in prison, 15 years of probation, and a $10,000 fine (Florida Statutes § 775.082 and § 775.083). Beyond prison time, a felony conviction can haunt you for life, impacting employment, housing, and civil rights. That’s why mounting a serious defense is absolutely critical.

What happens if the victim was pregnant?

Under Florida Statute § 784.045(1)(b), if the victim was pregnant and the defendant knew or should have known about the pregnancy, aggravated battery charges apply even without serious injury or use of a weapon. These cases are handled with increased sensitivity and harsher penalties. Prosecutors often seek maximum sentences in cases involving pregnant victims.

How can an attorney help me fight this charge?

A defense lawyer can challenge the evidence, argue legal defenses like self-defense or mistaken identity, and negotiate with prosecutors for reduced charges or dismissal. Your attorney can also file motions to suppress evidence if your rights were violated. Early, aggressive legal action can significantly improve the odds in your favor.

Will I automatically go to prison if convicted?

Not always. Judges have discretion, and factors like a clean prior record, mitigating circumstances, or plea negotiations can result in probation instead of prison. With an experienced defense attorney fighting for you, alternative sentencing options like diversion or plea reductions may be possible.

What should I do immediately if arrested?

Stay silent and ask for a lawyer immediately. Anything you say to police could be used against you later. Contact an experienced criminal defense lawyer like W.F. “Casey” Ebsary Jr. right away to begin protecting your rights and building your defense.

✅ Need help now?
Call (813) 222-2220 today for a free consultation or visit CentralLaw.com Contact Page.

Why Hire Attorney W.F. “Casey” Ebsary Jr.?

✅ Board Certified Criminal Trial Attorney – A distinction earned by few in Florida.
✅ Former Prosecutor – Insight into how the State builds cases.
✅ Proven Trial Lawyer – Hundreds of trials and successful outcomes.
✅ Digital Evidence Expertise – Handling critical video, phone, and forensic evidence.
✅ Aggressive and Personalized Defense – Tailored strategies for the best outcomes.

Call Us at 813-222-2220

About Our Contact Page

Ready to fight back against aggravated battery charges?
Contact the Law Office of W.F. “Casey” Ebsary Jr. today!

📞 Call: (813) 222-2220
🌐 Visit: CentralLaw.com Contact Page
📨 Secure Online Form: Quick, confidential replies to your questions.

Don’t wait — early intervention makes all the difference in criminal defense.

Quick Summary: Aggravated Battery (Deadly Weapon) – BATT5000

Charge	Statute	Degree	Maximum Penalty
Aggravated Battery (Deadly Weapon)	§ 784.045(1)(a)(2)	Second-Degree Felony	15 Years Prison / $10,000 Fine

Common Defenses
Self-Defense
Lack of Intent
False Allegation
Misidentification
Non-Deadly Object Defense

Serving Clients Throughout Hillsborough County

Attorney Casey Ebsary represents clients arrested for Aggravated Battery (Deadly Weapon) across:

Tampa
Brandon
Riverview
Plant City
Temple Terrace
Carrollwood
All of Hillsborough County

Whether your arrest involved the Tampa Police Department, the Hillsborough County Sheriff’s Office, or another law enforcement agency, we are here to help.

Act Now — Protect Your Rights and Your Future

BATT5000 charges are serious — you deserve serious defense.

📲 Call (813) 222-2220 Now for Your Free Confidential Case Review
🌐 Learn more at https://www.centrallaw.com

Original 2010 Post Updated to 2025

Aggravated Battery Deadly Weapon, 784.045.1A2

If you have been charged with BATT5000 AGGRAVATED BATTERY (DEADLY WEAPON) you can call a Tampa Criminal Defense Lawyer at (813) 222-2220 and tell me your story.

Form Code: BATT5000

Florida Statute: 784.045.1A2
Level: Fel (Felony)
Degree: 2nd
Description: AGGRAVATED BATTERY (DEADLY WEAPON)

BATT5000 AGGRAVATED BATTERY (DEADLY WEAPON) is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.045 Aggravated battery.

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the
time of the offense and the offender knew or should have known that the victim was pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

CRMS2000 Criminal Mischief $200 to $1000

W.F. ''Casey'' Ebsary Jr. — Sun, 27 Apr 2025 03:15:20 GMT

Criminal Mischief $200 to $1000 | Criminal Defense in Tampa, FL

If you’ve been charged with CRMS2000 Criminal Mischief $200 to $1000 in Florida, you are facing a serious criminal charge that can result in significant penalties. Under Florida Statute 806.13, this offense applies when someone intentionally damages property valued between $200 and $1000. The damage could be anything from breaking windows to defacing property. Even though the damage amount is lower compared to more severe charges, a conviction could still result in jail time, probation, fines, and a permanent criminal record.

Contact a Tampa Criminal Defense Attorney

If you’ve been charged with CRMS2000 Criminal Mischief $200 to $1000, don’t wait to seek legal help. A conviction for criminal mischief can have lasting consequences on your future. W.F. “Casey” Ebsary Jr. is a criminal defense attorney with extensive experience defending clients in Hillsborough County, Florida. Call (813) 222-2220 or visit our Contact Page to schedule your free consultation and discuss your case.

Frequently Asked Questions About Criminal Mischief $200 to $1000

FAQ

What does “criminal mischief $200 to $1000” mean in Florida?

CRMS2000 refers to the crime of willfully and maliciously damaging property valued between $200 and $1000. This can include acts like breaking windows, slashing tires, or graffiti on property. It’s classified as a first-degree misdemeanor under Florida law, which carries significant penalties, including jail time and fines.

What are the penalties for a conviction of CRMS2000?

If convicted of CRMS2000, you face up to one year in jail or 12 months of probation. Additionally, you may face a fine of up to $1,000. A conviction could also include restitution to the property owner, meaning you would have to pay for the repairs or replacement of the damaged property.

How is the damage value determined in a criminal mischief case?

The damage amount is determined by repair costs or replacement values. For example, if a window is broken, the cost to repair the window will be used to determine the damage value. If the total cost of repairs or replacement exceeds $200 but is less than $1000, you may be charged with CRMS2000.

What is the difference between criminal mischief under $200 and $200 to $1000?

The primary difference is the severity of the charge. CRMS1000 applies to damage valued under $200 and is classified as a second-degree misdemeanor. CRMS2000, on the other hand, applies to damage between $200 and $1000, making it a first-degree misdemeanor, which is more severe and carries higher penalties.

Can I be charged with criminal mischief if the property is abandoned?

Yes, you can still be charged with criminal mischief even if the property is abandoned. As long as the property is owned by someone and that ownership can be proven, damage to the property can lead to criminal mischief charges, including CRMS2000.

Can the property owner drop the charges against me?

While the property owner may want to resolve the situation, only the state has the authority to drop criminal charges. However, your lawyer may be able to negotiate with the prosecution for a reduced sentence or a plea deal. It’s always best to consult with an experienced criminal defense attorney to explore your options.

What defenses can be used in a criminal mischief case?

Common defenses to CRMS2000 charges include lack of intent, mistaken identity, or proving that the damage was accidental. If you can show that you did not willfully and maliciously cause the damage, it may be possible to have the charges reduced or dismissed. Your attorney will evaluate the facts of your case to determine the best defense strategy.

What should I do if I am accused of criminal mischief?

If you are accused of CRMS2000, it is important to avoid speaking to law enforcement without a lawyer present. Do not admit guilt, as it could hurt your case. Contact a criminal defense attorney immediately to protect your rights and begin building your defense.

Can I get a diversion program for criminal mischief?

In some cases, first-time offenders may be eligible for a diversion program. This program allows you to avoid a criminal conviction by completing certain conditions, such as community service, counseling, or restitution. Your attorney can help determine whether you are eligible for this option.

Do I need an attorney for criminal mischief charges?

Yes, having an experienced criminal defense attorney is crucial when facing CRMS2000 charges. A lawyer can help ensure your rights are protected, negotiate a plea deal if necessary, and develop a defense strategy to minimize the penalties you face. Contact Attorney W.F. “Casey” Ebsary Jr. for a consultation to discuss your case.

If you have been charged with CRMS2000 CRIMINAL MISCHIEF $200 TO $1000, you can call a Defense Attorney in Tampa at (813) 222-2220 and tell your story.

Call Us at 813-222-2220

Charge Information:

Form Code: CRMS2000
Florida Statute: 806.13.1B2
Level: Misdemeanor (Misd)
Degree: 1st Degree
Description: CRIMINAL MISCHIEF $200 TO $1000

Statutory Law:

Title XLVI — Crimes
Chapter 806 — Arson and Criminal Mischief

806.13 Criminal mischief; penalties; penalty for minor.

(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including but not limited to placement of graffiti or acts of vandalism.

(1)(b)2. If the damage is greater than $200 but less than $1,000, it is a first-degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.

What Does “Willfully and Maliciously” Mean?

Willfully means the act was done intentionally, not by accident.
Maliciously means the person acted with ill will, hatred, spite, or evil intent toward the owner or property.

Examples:

Spray painting graffiti on a business storefront late at night.
Kicking and damaging someone’s car door during an argument.
Breaking a neighbor’s window with a rock after a dispute.

Even minor property damage can lead to an arrest when authorities believe the act was done on purpose and with bad intent.

Penalties for CRMS2000 Criminal Mischief $200 to $1000

Up to 1 year in jail
Up to 12 months probation
Up to $1,000 fine
Restitution to the victim for the cost of repairs
Potential community service hours
Possible impact on future employment and criminal record

Defense Strategies

An experienced attorney can investigate defenses such as:

Lack of intent (the act was accidental)
Lack of maliciousness (no ill will)
Mistaken identity
Property was abandoned or had no real value
Damage amount is less than $200 (which could reduce the charge)

Call Today for a Free Case Evaluation

Facing a criminal mischief charge can be overwhelming. Prosecutors often aggressively pursue these cases even when the damage is minor.

Call Tampa Defense Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220 today.
Protect your record, your freedom, and your future.

Original 2010 Post Updated to 2025

CRMS2000, Criminal Mischief Damage $200 to $1000, 806.13.1B2, CRIMINAL MISCHIEF $200 TO $1000

If you have been charged with CRMS2000 CRIMINAL MISCHIEF $200 TO $1000 you can call a Defense Attorney Tampa at (813) 222-2220 and tell me your story.

Form Code: CRMS2000

Florida Statute: 806.13.1B2
Level: Misd (Misdemeanor)
Degree: 1st

Description: CRIMINAL MISCHIEF $200 TO $1000

CRMS2000 CRIMINAL MISCHIEF $200 TO $1000 is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 806 ARSON AND CRIMINAL MISCHIEF

806.13 Criminal mischief; penalties; penalty for minor.

(1) (a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

CRMS3000 Criminal Mischief $1000 or More

W.F. ''Casey'' Ebsary Jr. — Sun, 27 Apr 2025 01:12:35 GMT

CRMS3000 – Criminal Mischief $1000 or More – Tampa Felony Defense

If you are facing a charge under CRMS3000 Criminal Mischief $1000 or More in Tampa or Hillsborough County, Florida, it is critical to understand the seriousness of the allegations against you.

Under Florida law, criminal mischief involving $1,000 or more in damages is classified as a third-degree felony, carrying harsh penalties — including prison time, high fines, and a permanent criminal record.

Attorney W.F. “Casey” Ebsary Jr. has decades of experience defending people accused of criminal mischief and property crimes.

📞 Call (813) 222-2220 today to schedule a free consultation and protect your future.

Overview of CRMS3000 Criminal Mischief Charges

Category	Details
Form Code	CRMS3000
Statute	Florida Statute § 806.13(1)(b)(3)
Offense	Criminal Mischief ($1,000 or More in Damage)
Classification	Felony – 3rd Degree
Penalties	Up to 5 years in prison, $5,000 fine, probation, restitution

Criminal mischief involves willfully and maliciously damaging the property of another person. When the amount of damage reaches $1,000 or more, or when the cost to restore a public service interrupted by the conduct exceeds $1,000, the offense becomes a felony.

What Is Criminal Mischief Under Florida Law?

Florida law defines criminal mischief broadly. A person commits criminal mischief if they:

Willfully and maliciously injure or damage real or personal property belonging to someone else,
Vandalize property, including placing graffiti,
Cause interruption or impairment of a public service such as electricity, communication, water, or gas.

When the monetary damage or the repair costs meet or exceed $1,000, the charge becomes a third-degree felony.

Examples include:

Smashing windows or damaging vehicles
Graffiti on commercial or government buildings
Destroying irrigation systems
Cutting or damaging power lines

What Exactly Does “Willfully and Maliciously” Mean in a Criminal Mischief Case?

In a criminal mischief case under Florida law, the words “willfully” and “maliciously” are critical elements that the prosecution must prove beyond a reasonable doubt.

Willfully means that the act was intentional — not accidental, careless, or reckless. The person acted on purpose, knowing the likely outcome of their actions.
Maliciously means the act was done with ill will, hatred, spite, or evil intent — not by mistake or for a legitimate purpose.

Simply put:
It’s not enough that property was damaged. The prosecution must show that the accused deliberately caused the damage with a wrongful or hostile motive.

Examples of “Willfully and Maliciously” Actions

🔹 Keying someone’s car after an argument — intentionally scratching paint out of anger.

🔹 Throwing a rock through a neighbor’s window because of a property dispute.

🔹 Spray-painting graffiti on a business’s storefront without permission as an act of defiance.

🔹 Breaking surveillance cameras at a store to retaliate for being accused of shoplifting.

🔹 Slashing tires after a romantic breakup to “get back” at the other person.

Examples of Actions That Are NOT “Willful and Malicious”

❌ Accidentally knocking over and breaking a sign while backing up a car.

❌ Damaging someone’s property during a medical emergency or while trying to render aid.

❌ Hitting a mailbox because of icy road conditions — no intent or bad motive.

In these cases, although property was damaged, the act would not be considered willful and malicious under the law. These distinctions can mean the difference between felony criminal charges and no criminal charges at all.

Bottom line:
If the prosecution cannot prove both intent and malice, a charge of Criminal Mischief $1000 or More should fail.

📞 If you’re facing these allegations, call Casey Ebsary at (813) 222-2220 for a strong defense.

Top 5 Legal Defenses to CRMS3000 Criminal Mischief Charges

✔️ Lack of Intent: The damage must be willful and malicious — accidents or negligence do not meet the standard.

✔️ Incorrect Damage Valuation: The prosecution must prove that damages actually exceed $1,000.

✔️ Mistaken Identity: You were not the person who committed the act.

✔️ Consent or Ownership: If you owned the property or had permission, criminal mischief may not apply.

✔️ Violation of Constitutional Rights: If your rights were violated during search, seizure, or arrest, key evidence may be suppressed.

Every case is different. Early case evaluation is crucial to building a strong defense.

FAQs About Criminal Mischief Over $1000 in Florida

FAQ

What exactly does “willfully and maliciously” mean in a criminal mischief case?

“Willfully” means that the person acted intentionally, rather than by accident or mistake. “Maliciously” means with wrongful intent — doing harm on purpose, motivated by ill will, hatred, or spite.
For the prosecutor to win a conviction, they must prove beyond a reasonable doubt that you deliberately caused the damage with a malicious motive.

How is the amount of damage determined in a CRMS3000 case?

The value of the damage is critical. Courts look at either:

The fair market value of the damaged property before and after the incident, or the reasonable repair or replacement costs. The prosecution must present evidence — such as repair estimates, invoices, or expert testimony — to establish that the damage meets the $1,000 threshold. Disputing these valuations can often lead to a reduction or dismissal of charges.

What happens if the damage was less than $1,000?

If the property damage is proven to be between $201 and $999, it is a first-degree misdemeanor. If the damage is $200 or less, it is a second-degree misdemeanor. This distinction is critical because it dramatically lowers potential penalties — from up to 5 years in prison (felony) to at most 1 year (misdemeanor).

Can I be charged if I damaged public property or utilities?

Yes. Damage to public services such as roads, transportation systems, water lines, or communication infrastructure is still considered criminal mischief. If the costs to repair the disruption exceed $1,000, a felony charge applies even if no physical structure was destroyed. Courts treat damage to public resources very seriously.

Will I have to pay restitution if convicted?

Almost always, yes. Restitution is a mandatory part of sentencing for criminal mischief cases in Florida.
This means you may be ordered by the court to reimburse the victim (or a business or government entity) for the full cost of repairs, lost income, or service restoration costs. Failure to pay restitution can lead to probation violations and further penalties.

Why Choose W.F. “Casey” Ebsary Jr. as Your Criminal Mischief Defense Attorney?

✅ Board Certified Criminal Trial Lawyer
✅ Former Prosecutor — Knows how the State builds its cases
✅ Decades of Local Experience in Hillsborough County Courts
✅ Proven Record of reducing or dismissing property crime charges

Attorney Casey Ebsary is ready to investigate your case, challenge the prosecution’s evidence, and fight for your rights.

Call Us at 813-222-2220

📞 Call (813) 222-2220 today for a free consultation.
Or visit https://www.centrallaw.com/contact-us/ to send a confidential message.

Conclusion

Facing a CRMS3000 Criminal Mischief $1000 or More charge in Tampa can feel overwhelming — but you do not have to face it alone.

⚡ Immediate action can protect your freedom, finances, and future opportunities.
💬 Speak directly with an experienced defense lawyer today.
📞 Call (813) 222-2220 or contact Casey Ebsary online now.

Original 2010 Post Updated to 2025

Criminal Mischief Damage Over $1000 CRMS3000

If you have been charged with CRMS3000 CRIMINAL MISCHIEF $1000 OR MORE you can call a Defense Attorney Tampa at (813) 222-2220 and tell me your story.

Form Code: CRMS3000

Florida Statute: 806.13.1B3
Level: Fel (Felony)
Degree: 3rd

Description: CRIMINAL MISCHIEF $1000 OR MORE

CRMS3000 CRIMINAL MISCHIEF $1000 OR MORE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 806 ARSON AND CRIMINAL MISCHIEF

806.13 Criminal mischief; penalties; penalty for minor.

(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

FORG2000 Uttering a Forged Instrument

W.F. ''Casey'' Ebsary Jr. — Sat, 26 Apr 2025 21:19:25 GMT

FORG2000 – Tampa Defense Attorney for Uttering a Forged Instrument Charges

Being charged with FORG2000 Uttering a Forged Instrument in Hillsborough County, Florida is a serious matter. Florida law treats presenting or using a forged document as if it were genuine as a third-degree felony, punishable by years in prison, steep fines, and lasting damage to your record and reputation.

If you or someone you know is facing these charges, an experienced Tampa Criminal Defense Attorney can help.
📞 Call (813) 222-2220 today to protect your future.

What Is “Uttering a Forged Instrument”?

Under Florida Statute 831.02, uttering a forged instrument means presenting, publishing, or using a forged document while knowing it is forged, with the intent to injure or defraud another person or entity.

Unlike forgery, which involves creating or altering a document, uttering focuses on using a fraudulent document — even if you didn’t personally forge it.

FORG2000 Uttering a Forged Instrument – Key Facts

Category	Details
Form Code	FORG2000
Florida Statute	831.02
Crime Level	Felony (Third Degree)
Possible Penalties	Up to 5 years prison, 5 years probation, $5,000 fine
Common Examples	Passing a forged check, using a fake deed, submitting a falsified will

Penalties for Uttering a Forged Instrument in Florida

If convicted of FORG2000, you face:

Up to 5 years in prison
Up to 5 years of probation
A $5,000 fine
Restitution to victims for any financial harm
A felony criminal record that could impact future employment, housing, and voting rights

Aggravating factors like prior criminal history, larger sums of money, or multiple offenses can lead to harsher penalties.

Frequently Asked Questions About FORG2000 Charges

FAQ

What counts as a “forged instrument” under Florida law?

A forged instrument includes any document recognized under Florida law that has been falsely made, altered, or counterfeited. Examples include deeds, checks, wills, powers of attorney, insurance policies, and official government documents. The document must be one that has legal significance or evidentiary value — meaning it has the power to affect legal rights or obligations.

Can I be charged with uttering even if I didn’t create the forged document?

Yes. Creation and uttering are two separate crimes. Even if you didn’t forge the document yourself, if you knowingly presented a forged item as genuine, you can be charged with FORG2000.

What if I didn’t know the document was forged?

Knowledge is a key element of the crime. If you did not know the document was forged, you may have a strong defense. Prosecutors must prove beyond a reasonable doubt that you knew the document was false at the time you presented it.

Is using a fake online document considered uttering a forged instrument?

Yes. Florida computer law treats electronic documents the same as paper documents. Submitting a digitally altered deed, will, or check through email, a website, or a mobile app can lead to the same felony charges.

What is the difference between forgery and uttering?

Forgery: The act of falsely making, altering, or counterfeiting a document.
Uttering: The act of using or presenting a forged document as if it were legitimate, knowing it was forged.
A person could be charged with both crimes in the same case.

Defenses to FORG2000 Uttering a Forged Instrument Charges

Common legal defenses include:

Lack of Knowledge: You didn’t know the document was forged.
Lack of Intent to Defraud: You had no intention of harming or deceiving anyone.
Document Not a “Legal Instrument”: The item was not legally recognized under Florida law.
Mistaken Identity: Someone else committed the crime.
Constitutional Violations: Evidence was gathered illegally through unlawful searches or seizures.

Each case is unique. An experienced defense attorney can craft a strategy tailored to the facts of your case.

Why Hire W.F. “Casey” Ebsary Jr. for Your Forgery Defense?

Attorney W.F. “Casey” Ebsary Jr. is a Board Certified Criminal Trial Lawyer with extensive experience in defending clients charged with forgery and uttering offenses in Tampa and across Florida.

You deserve a strong, strategic defense focused on minimizing or eliminating your charges.

📞 Call (813) 222-2220 or visit CentralLaw.com for a confidential consultation today.

Conclusion

Being charged with FORG2000 – Uttering a Forged Instrument is not a situation to take lightly. The penalties are serious, but with the right attorney, you can fight for your rights, your reputation, and your future.

Don’t wait. Early action is critical to building the best possible defense.
👉 Call Tampa Defense Lawyer W.F. “Casey” Ebsary Jr. at (813) 222-2220 now for help with your case.

Original Post from 2010 Updated to 2025

Uttering Forged Instrument, 831.02, FORG2000

Uttering Forged Instrument

If you have been charged with FORG2000 UTTERING A FORGED INSTRUMENT you can call a Forgery Defense Attorney in Tampa, Florida at (813) 222-2220 and tell your story.

Form Code: FORG2000
Florida Statute: 831.02
Level: Fel (Felony)
Degree: 3rd

Description: UTTERING A FORGED INSTRUMENT

FORG2000 UTTERING A FORGED INSTRUMENT one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 831 FORGERY AND COUNTERFEITING

831.02 Uttering forged instruments.

Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

ADMIN007 Contempt of Court

W.F. ''Casey'' Ebsary Jr. — Sat, 26 Apr 2025 17:19:01 GMT

ADMIN007 – Contempt of Court Charges in Florida

Law Office of W.F. “Casey” Ebsary Jr.
Call Now: (813) 222-2220 | Contact Us Online

Charged With Contempt of Court? We Can Help

A charge of ADMIN007 Contempt of Court under Florida Statute 901.11 is a serious matter that can lead to fines, warrants, and lasting legal consequences. Failing to appear in court as ordered — even for a minor matter — can result in a contempt charge.

If you have been charged with Contempt of Court in Tampa or Hillsborough County, call an experienced criminal defense attorney at (813) 222-2220 for immediate help.

What Is ADMIN007 – Contempt of Court?

The Florida offense code ADMIN007 refers to Contempt of Court for failure to appear as commanded by a court-issued summons.
According to Florida Statute 901.11:

“Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100.”

Contempt charges may also result in the court issuing a warrant for your arrest.

ADMIN007 Quick Facts

Form Code	Florida Statute	Offense Level	Degree	Description
ADMIN007	901.11	Infraction	N/A	Contempt of Court (Failure to Appear)

Punishable by:
- Fine up to $100
- Arrest warrant issuance
- Potential additional court sanctions

Source: Florida Statutes § 901.11 (Justia)

Florida Law on Contempt of Court

Florida Statute § 901.11 details the process:

If you fail to appear as required by a summons without good cause, it is treated as indirect criminal contempt.
You can be fined up to $100 for the violation.
More importantly, the trial court must issue a warrant for your arrest.
If the judge believes you will not appear, they may issue a warrant even before the scheduled court date.

Indirect contempt means the violation happens outside the court’s presence but still disrespects the authority of the court.

Frequently Asked Questions About ADMIN007

FAQ

What happens if I miss a court date in Florida?

If you miss a court date without a valid reason, the judge will likely issue a warrant for your arrest. You can also be charged with indirect criminal contempt of court under Florida Statute 901.11. This could lead to a fine and further complications in your original case. It’s crucial to act quickly and speak to a defense lawyer.

Is contempt of court a crime in Florida?

Yes, contempt of court can be criminal or civil in nature. Indirect criminal contempt, such as missing a court date, is punishable by fines and arrest. Although the fine under 901.11 is up to $100, the bigger problem is the warrant and potential jail time. Taking swift legal action can help resolve the issue and avoid harsher penalties.

Can contempt charges be dismissed?

In some cases, contempt charges can be dismissed or resolved. If you show good cause (such as a medical emergency), the judge may withdraw the contempt finding. An experienced defense attorney can file motions and advocate on your behalf. Acting quickly improves your chances of a favorable outcome.

What is considered “good cause” for missing court?

“Good cause” generally means a legitimate, unavoidable reason for missing your court appearance. Examples include serious illness, hospitalization, family emergency, or lack of notice. Judges have discretion to determine whether your reason is acceptable, so legal representation is vital.

Why should I hire a contempt of court defense lawyer?

A lawyer can often quash warrants, resolve contempt charges, and protect your record. Ignoring a contempt charge could result in arrest at work, home, or during a traffic stop. Hiring a lawyer early could save you from jail time and help you maintain your freedom.

Contact a Tampa Contempt of Court Defense Lawyer Today

If you are facing an ADMIN007 Contempt of Court charge in Tampa or Hillsborough County, do not ignore it.
A missed court date can spiral into a criminal matter that threatens your future.

📞 Call W.F. “Casey” Ebsary Jr. now at (813) 222-2220 or
📨 Contact us securely online to fight your contempt charge today.

We know how to fix this — let us protect your rights.

Posted in: ADMIN007, Contempt of Court, Criminal Defense, State Court
Tagged: 901.11, Failure to Appear, Indirect Criminal Contempt, Tampa Lawyer

2025 Update Above

Original Post from 2010

Contempt of Court, 901.11, ADMIN007

“Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court”

Contempt of Court

If you have been charged with ADMIN007 CONTEMPT OF COURT you can call a Tampa Contempt of Court Defense Attorney at (813) 222-2220 and tell me your story.

Form Code: ADMIN007
Florida Statute: 901.11
Level: Infractions
Description: CONTEMPT OF COURT

ADMIN007 CONTEMPT OF COURT one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 901 ARRESTS

901.11 Effect of not answering summons.

Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant.

BATT1002 Battery (Domestic Violence)

W.F. ''Casey'' Ebsary Jr. — Sat, 26 Apr 2025 17:05:33 GMT

BATT1002 – Domestic Violence Battery Charges in Florida

Law Office of W.F. “Casey” Ebsary Jr.
Call Now: (813) 222-2220 | Contact Us Online

Arrested for Battery (Domestic Violence)? Get Help Now

A charge of BATT1002 Battery (Domestic Violence) under Florida Statute 784.03(1)(a)(b) can have devastating effects on your freedom, record, and personal life. Domestic violence cases are aggressively prosecuted in Florida, even when the alleged victim does not want to press charges.

At the Law Office of W.F. “Casey” Ebsary Jr., we know what’s at stake — and how to fight back. Call (813) 222-2220 now to protect your rights and your future.

What is BATT1002 – Battery (Domestic Violence)?

Under Florida Statute 784.03(1)(a)(b), a person commits battery by:

Actually and intentionally touching or striking another person against their will, or
Intentionally causing bodily harm to another person.

When the alleged victim shares a domestic relationship (such as a spouse, family member, or romantic partner), the charge is classified as Domestic Violence Battery, enhancing both the penalties and the long-term consequences.

BATT1002 Quick Facts

Form Code	Florida Statute	Offense Level	Degree	Description
BATT1002	784.03(1)(a)(b)	Misdemeanor	1st Degree	Battery (Domestic Violence)

Punishable by:
- Up to 1 year in jail
- Up to 12 months probation
- Up to $1,000 fine
- Mandatory domestic violence counseling (BIP)
- Loss of firearm rights
- No sealing or expungement of conviction

Florida Law on Domestic Violence Battery

Florida Statute § 784.03 outlines that battery occurs when a person intentionally touches, strikes, or causes bodily harm without the other person’s consent. When the incident involves a domestic relationship, the charge carries enhanced penalties, including required counseling and firearm restrictions. A second or subsequent battery conviction can be charged as a felony under subsection (2).

Domestic violence cases are unique because the alleged victim cannot simply drop charges — only the State Attorney has that authority.

Frequently Asked Questions About BATT1002

FAQ

Can I be arrested even if the alleged victim doesn’t want to press charges?

Yes. In Florida, once law enforcement responds to a domestic violence call, an arrest is almost always made. Afterward, the prosecutor — not the victim — decides whether to pursue the case. This means you can face prosecution even if the alleged victim later asks to drop the charges.

What are the penalties for a Battery (Domestic Violence) conviction?

A BATT1002 conviction can result in up to one year in jail, mandatory completion of a 26-week Batterers’ Intervention Program (BIP), probation, and a $1,000 fine. Additionally, a domestic violence conviction cannot be sealed or expunged. It also causes the loss of your firearm rights under federal law.

Can a domestic violence battery charge be dropped?

Possibly, but it is not automatic. The State Attorney has full discretion whether to move forward, even if the alleged victim is uncooperative. A skilled defense lawyer can present mitigation evidence or file motions to dismiss the case. Early intervention is critical to increase the chances of a positive outcome.

Will I have a no-contact order after my arrest?

Almost always, yes. A no-contact order is usually issued at your first court appearance, preventing you from contacting the alleged victim directly or indirectly. Violating this order can result in additional criminal charges. Your attorney can sometimes request the court to modify or lift the order with the alleged victim’s consent.

Why should I hire a domestic violence defense attorney?

Domestic violence charges are complex and carry unique penalties beyond typical misdemeanors. A defense attorney can protect your rights, seek dismissal or reduction of charges, and fight for the best possible result. Having experienced legal representation can make a critical difference in the outcome of your case and your future.

Call a Tampa Domestic Violence Defense Lawyer Today

If you’ve been charged with BATT1002 Battery (Domestic Violence) in Tampa or Hillsborough County, don’t wait to seek legal help. An aggressive defense can lead to dismissed charges, reduced penalties, or alternative resolutions like diversion programs.

📞 Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 today or
📨 Contact us online.

We are ready to defend you and protect your future.

Posted in: BATT1002, Battery (Domestic Violence), Domestic Violence Defense, State Court
Tagged: 784.03(1)(a)(b), Domestic Violence Lawyer Tampa, Hillsborough County Defense Attorney

Original Post from 2010

Domestic Violence Battery, 784.03.1AB, BATT1002

“Actually and intentionally touches or strikes another person against the will of the other; or Intentionally causes bodily harm to another person.”

Domestic Violence Battery

If you have been charged with BATT1002 BATTERY (DOMESTIC VIOLENCE) you can call a Tampa Domestic Violence Defense Lawyer at (813) 222-2220.

This Domestic Violence charge is one of the top 10 ways to get arrested in our area. We have a list of the Top 50 ways to get into the Hillsborough County Jail that you can review here.

If the battery or fighting charge does not involve a family or familiar relationship, then you can be charged with simple misdemeanor battery.

Form Code: BATT1002

Florida Statute: 784.03.1AB
Level: Misd (Misdemeanor)
Degree: 1st

Description: BATTERY (DOMESTIC VIOLENCE)

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.03 Battery; felony battery.

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

COPS2060 False Name to Law Enforcement Officer

W.F. ''Casey'' Ebsary Jr. — Sat, 26 Apr 2025 16:29:13 GMT

COPS2060 – False Name to Law Enforcement Officer in Tampa, Florida

COPS2060 Arrested for giving a false name in Tampa?
Call Attorney W.F. “Casey” Ebsary Jr. at (813) 222-2220 today for immediate help.

COPS2060 – False Name to Law Enforcement Officer in Florida

Law Office of W.F. “Casey” Ebsary Jr.
Call Now: (813) 222-2220 | Contact Us Online

Arrested for Giving a False Name? We Can Help

If you have been charged with COPS2060 False Name to Law Enforcement Officer under Florida Statute 901.36(1), you are facing a first-degree misdemeanor with serious consequences. Many people are surprised at how quickly a simple mistake, panic, or misunderstanding during a police encounter can turn into a criminal charge.

At the Law Office of W.F. “Casey” Ebsary Jr., we have successfully defended clients charged with false name offenses in Tampa, Hillsborough County, and surrounding areas. Call (813) 222-2220 now to discuss your case confidentially.

What Is COPS2060 – False Name to Law Enforcement Officer?

The Florida crime code COPS2060 refers to False Name to Law Enforcement Officer, found under Florida Statute 901.36(1). This law makes it a crime for any person who has been arrested or lawfully detained by police to:

Give a false name, or
Otherwise falsely identify themselves to law enforcement or county jail personnel.

This charge most commonly arises during traffic stops, investigations, or arrests. Even providing a slightly incorrect name, birth date, or identification number can trigger a COPS2060 charge if police believe it was intentional.

COPS2060 Quick Facts

Form Code	Florida Statute	Offense Level	Degree	Description
COPS2060	901.36(1)	Misdemeanor	1st Degree	False Name to Law Enforcement Officer

Punishable by:
- Up to 1 year in jail
- Up to 12 months of probation
- Up to $1,000 fine
- Permanent criminal record

Source: Florida Statute 775.082 and 775.083

Florida Law on Giving a False Name

Florida Statute § 901.36 states:

“It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel.”

This law is part of Title XLVII – Criminal Procedure and Corrections, Chapter 901 – Arrests.
A violation of this law, except where it causes actual harm (like obstructing an investigation), is charged as a first-degree misdemeanor.

Frequently Asked Questions About COPS2060

FAQ

What if I accidentally gave wrong information?

If you accidentally gave the wrong name or information without intending to mislead law enforcement, that may be a valid defense. Florida law requires that the false identification be intentional. Honest mistakes, confusion, or misunderstandings can often be used to fight the charge. An experienced defense attorney can help present this to the court.

Can I be charged if I wasn’t arrested, only detained?

Yes, you can be charged even if you were only lawfully detained and not formally arrested. Florida Statute 901.36(1) makes it illegal to give false information during both arrest and detention. Routine traffic stops or investigative stops are examples where detention occurs. It’s important to understand that lying in these situations can still lead to criminal charges.

What are the penalties for a conviction?

A conviction for giving a false name to law enforcement is a first-degree misdemeanor in Florida. It carries penalties of up to one year in jail, one year of probation, and a $1,000 fine. A conviction also creates a permanent criminal record. That can impact your future employment, housing, and education opportunities.

Are there defenses to a COPS2060 charge?

Yes, there are several defenses to a COPS2060 charge depending on the facts of your case. Common defenses include lack of intent, illegal detention or arrest, and mistaken identity. Challenging the circumstances of the detention or the clarity of communication with the officer can also be effective. A skilled attorney can investigate and present these defenses on your behalf.

Why should I hire a criminal defense attorney?

Hiring an attorney gives you the best chance to protect your rights and possibly avoid a conviction. An experienced criminal lawyer can evaluate your case, find weaknesses in the prosecution’s evidence, and negotiate for a dismissal or reduction. In some cases, alternative sentencing like pre-trial diversion may be available. Don’t risk facing jail or a permanent record without professional help.

Contact an Experienced Tampa Criminal Defense Lawyer

If you or a loved one has been charged with COPS2060 False Name to Law Enforcement Officer in Hillsborough County, time is critical. Every case is different, and you need a strong legal advocate who understands the system and can fight for your best outcome.

📞 Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 now for a free consultation, or
📨 Contact us online.

Don’t let a misunderstanding or panic during an encounter with law enforcement ruin your future. Get help today.

Posted in: COPS2060, False Name to Law Enforcement Officer, Criminal Defense, State Court
Tagged: 901.36(1), Hillsborough County, Tampa Defense Lawyer, Florida Criminal Law

What is COPS2060?

COPS2060 refers to a criminal charge under Florida Statute 901.36(1) — False Name to Law Enforcement Officer. In Florida, it is illegal for a person who has been arrested or lawfully detained to provide a false name or otherwise falsely identify themselves to a law enforcement officer or jail personnel.

This crime is charged as a first-degree misdemeanor and carries serious penalties, including jail time, probation, and fines. Hillsborough County prosecutors regularly file COPS2060 charges against individuals during traffic stops, investigations, or post-arrest booking.

If you are facing a COPS2060 charge, time is critical. Contact a Tampa criminal defense lawyer now at (813) 222-2220.

Florida Statute 901.36(1) – Overview

Under Florida Statute 901.36(1), the law states:

“It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel.”

Violations of this law are classified as first-degree misdemeanors. Sentences for COPS2060 charges are governed by Florida Statute § 775.082 (penalties) and Florida Statute § 775.083 (fines).

Key Details About COPS2060

Form Code	Florida Statute	Offense Level	Degree	Description
COPS2060	901.36(1)	Misdemeanor	1st Degree	False Name to Law Enforcement Officer

Penalties for COPS2060 in Florida

If convicted of False Name to Law Enforcement Officer under COPS2060, you could face:

Up to 1 year in county jail
Up to 12 months of probation
A fine of up to $1,000
A permanent criminal record

Besides criminal penalties, a conviction can cause long-term problems with background checks, employment, and immigration status.

Defenses to COPS2060 Charges

Several legal defenses may apply to a COPS2060 charge, including:

Lack of Intent: No willful attempt to deceive.
Mistaken Identity: Officer misunderstood or misrecorded information.
Unlawful Detention or Arrest: If the stop or arrest was illegal, the false identification might be irrelevant.
No Material Misrepresentation: The information given was not materially false or misleading.

An experienced defense attorney can challenge the evidence, question the legality of the detention, and negotiate for reduced charges or dismissal.

Common Questions About False Name to Law Enforcement Officer Charges

What if I accidentally gave wrong information?

Can I be charged if I wasn’t arrested, only detained?

What are the penalties for a conviction?

Are there defenses to a COPS2060 charge?

Why should I hire a criminal defense attorney?

Original Post from 2010

False Name to Law Enforcement Officer, 901.36.1, COPS2060

“unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself”

False Name to Law Enforcement Officer

If you have been charged with COPS2060 FALSE NAME TO LAW ENFORCEMENT OFFICER you can call a Defense Attorney in Tampa at (813) 222-2220.

Form Code: COPS2060
Florida Statute: 901.36.1
Level: Misd (Misdemeanor)
Degree: 1st
Description: FALSE NAME TO LAW ENFORCEMENT OFFICER

COPS2060 FALSE NAME TO LAW ENFORCEMENT OFFICER one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901 ARRESTS

901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.

(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

COPS1000 – Obstructing or Opposing an Officer Without Violence in Hillsborough County, FL

W.F. ''Casey'' Ebsary Jr. — Fri, 25 Apr 2025 17:32:21 GMT

Charged with COPS1000 in Hillsborough County? Get Expert Legal Help from W.F. “Casey” Ebsary Jr.

If you’ve been charged with COPS1000 (Obstructing or Opposing an Officer Without Violence) in Hillsborough County, Florida, you need a seasoned criminal defense attorney on your side. Under Florida Statute 843.02, this charge involves resisting, obstructing, or opposing law enforcement officers or other authorized officials during the lawful performance of their duties—without violence. Although it may seem less severe than other criminal offenses, a COPS1000 conviction can still have significant consequences, including jail time, fines, and a criminal record.

At the Law Office of W.F. “Casey” Ebsary Jr., we specialize in defending clients charged with COPS1000 and other criminal offenses in Tampa and the surrounding areas. With extensive experience in criminal defense, Attorney Ebsary understands the complexities of Florida’s criminal laws and is committed to securing the best possible outcome for your case. Whether you’re facing a misdemeanor charge or a more serious allegation, we are here to provide aggressive and effective representation.

If you’re facing charges for COPS1000, time is crucial. Contact our office today at (813) 222-2220 for a free consultation. We will review your case, explain your legal rights, and fight tirelessly to protect your future. Don’t face these charges alone—let W.F. “Casey” Ebsary Jr. guide you through every step of the legal process.

Facing a COPS1000 Charge? Call (813) 222-2220 Today

If you’ve been charged with Obstruction Without Violence under Florida Statute § 843.02, you need experienced legal help fast. W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer based in Tampa, Florida, is ready to fight for your rights.

Call Us at 813-222-2220

What Is COPS1000?

COPS1000 is the charge code used in Hillsborough County for Obstructing or Opposing an Officer Without Violence. According to Florida Statute § 843.02, this occurs when someone resists, obstructs, or opposes any law enforcement officer or government official during lawful duty—without using violence.

Examples May Include:

Refusing to comply with lawful commands
Providing false information to officers
Verbally interfering with an investigation
Walking away from officers during a lawful stop
Interfering with an arrest (not physically)

Penalties for Obstruction Without Violence

This charge is a first-degree misdemeanor and can result in:

Up to 1 year in jail
Up to 12 months probation
Fines up to $1,000
Permanent criminal record

Top 5 Things to Know Before Hiring a Lawyer for COPS1000

Top Five	Thing to Know	Why It Matters
1	Board Certification	Choose a lawyer certified by the Florida Bar in criminal trial law for proven expertise.
2	Local Experience	Attorneys familiar with Hillsborough courts know the prosecutors and judges that matter.
3	Track Record	Look for successful defenses in similar COPS1000 cases—dismissals or reduced charges.
4	Communication	Your lawyer should be responsive and clearly explain strategy, options, and risks.
5	Free Consultation	Don’t pay to learn your rights—get a no-obligation review of your case today.

Top 5 Defenses for COPS1000 Charges

No Intent: The accused did not knowingly resist or obstruct.
Officer Not Performing Lawful Duty: The officer may not have been acting within the scope of legal duty.
First Amendment Protections: Lawful speech cannot be criminalized.
Unlawful Arrest: Resistance to an illegal arrest may be defensible.
Misidentification: The accused may not have been the one involved.

Frequently Asked Questions (FAQs)

FAQ

What is a COPS1000 Obstructing or Opposing an Officer Without Violence charge in Florida?

COPS1000 refers to the charge of Obstructing or Opposing an Officer Without Violence, as defined in Florida Statute § 843.02. It involves resisting a law enforcement officer or other authorized official during the performance of their legal duties—without using violence.

Is Obstruction Without Violence a misdemeanor?

Yes. In Florida, Obstruction Without Violence is classified as a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine.

What are some defenses to a COPS1000 charge?

Common defenses include lack of intent, no lawful duty being performed by the officer, First Amendment protections, misidentification, or an unlawful arrest.

Why should I hire a local attorney for a COPS1000 charge in Hillsborough County?

A local attorney understands the court system, judges, and prosecutors in Hillsborough County, increasing the chance for a successful outcome through familiarity with local procedures and tendencies.

How can I contact Attorney W.F. “Casey” Ebsary Jr.?

You can contact us at (813) 222-2220 for a free consultation or visit www.CentralLaw.com to submit your case securely online.

Contact Attorney W.F. “Casey” Ebsary Jr.

Don’t face a COPS1000 charge alone. Let an experienced Hillsborough County criminal defense lawyer fight for you.

Call (813) 222-2220 or visit www.CentralLaw.com for a free consultation.

Original Page from 2010

Obstructing or Opposing an Officer without Violence 843.02, COPS1000

“resist, obstruct, or oppose any officer. . . in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor”

Obstructing or Opposing an Officer Without Violence

If you have been charged with COPS1000 OBSTRUCTING OR OPPOSING AN OFFICER WITHOUT VIOLENCE (Obstructing or Opposing an Officer without Violence) You can call a Defense Attorney Tampa at (813) 222-2220.

Form Code: COPS1000
Florida Statute: 843.02
Level: Misd (Misdemeanor)
Degree: 1st

Description: OBSTRUCTING OR OPPOSING AN OFFICER WITHOUT VIOLENCE

Title XLVI CRIMES
Chapter 843 OBSTRUCTING JUSTICE

843.02 Resisting officer without violence to his or her person.

Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

THEF2000 Grand Theft 3rd $300 – $20 000

W.F. ''Casey'' Ebsary Jr. — Sun, 13 Apr 2025 19:30:53 GMT

THEF2000 Grand Theft 3rd $300 – $20,000 – Felony Defense in Tampa | W.F. “Casey” Ebsary Jr.

Understanding THEF2000: Navigating Grand Theft Charges in Tampa

Facing a THEF2000 charge for Grand Theft 3rd Degree ($300 – $20,000) is a serious felony offense under Florida Statute §812.014(2)(c)(1). As a third-degree felony, this charge can lead to hefty fines, prison time, and a permanent criminal record. In Hillsborough County, these charges are prosecuted aggressively, making it crucial to work with a seasoned Tampa defense attorney.

I’m W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer, and I defend individuals accused of THEF2000 Grand Theft in Tampa and surrounding areas. If you’ve been arrested or are under investigation, call (813) 222-2220 now for a free consultation.

⚖️ What is THEF2000 Grand Theft 3rd Degree?

THEF2000 refers to third-degree grand theft involving property valued between $300 and $5,000 under Florida Statute §812.014(2)(c)(1). The confusion in value range often arises from broader theft statutes, but this particular offense is clearly defined by Florida law.

🔍 Key Legal Elements

Theft: Unauthorized taking of property.
Value Range: Between $300 and $5,000 (not up to $20,000 as sometimes misquoted).
Intent: To permanently or temporarily deprive the owner of their property.

🧾 Penalties for THEF2000 Grand Theft

Penalty Type	Details
Classification	Third-Degree Felony
Prison Time	Up to 5 years
Fines	Up to $5,000
Probation	Up to 5 years
Restitution	Full repayment to the victim
Criminal Record	Permanent felony record

⚠️ Additional Consequences

Ineligibility for professional licenses or housing assistance
Negative impact on background checks for jobs
Immigration complications
Damage to your personal reputation

FAQ THEF2000 Charges

FAQ

What is a THEF2000 charge in Florida?

THEF2000 charge refers to Grand Theft of the Third Degree, defined under Florida Statute 812.014(2)(c)1. It involves the unlawful taking of property valued at $300 or more but less than $5,000. This offense is classified as a third-degree felony.

What are the penalties for a THEF2000 conviction?

A conviction for THEF2000 can result in up to 5 years in prison, 5 years of probation, and fines reaching $5,000. Additionally, a felony conviction creates a permanent criminal record, which can affect future opportunities.

Is THEF2000 considered a felony or a misdemeanor?

THEF2000 is a third-degree felony under Florida law. Felonies carry more serious legal consequences than misdemeanors, including longer periods of incarceration and more lasting impacts on your civil rights and background record.

Can a THEF2000 charge be dropped or reduced?

Yes. Depending on the circumstances, your attorney may be able to negotiate with prosecutors to drop the charge, resolve it through a diversion program, or reduce it to a misdemeanor offense such as petit theft.

What defenses are available for THEF2000 charges?

Common defenses include lack of criminal intent, mistaken identity, disputes over ownership of the property, insufficient evidence, and violations of constitutional rights such as unlawful search or seizure.

Will a THEF2000 charge appear on background checks?

Yes. Even if you’re not convicted, an arrest for THEF2000 will typically appear on criminal background checks unless the record is sealed or expunged. A conviction will remain on your record indefinitely.

Where are THEF2000 cases commonly charged in Florida?

THEF2000 charges often arise in Hillsborough County and throughout Florida, particularly involving incidents at retail stores, businesses, private residences, or workplaces where valuable items are reported stolen.

How is the value of the stolen property determined in a THEF2000 case?

he value is typically based on receipts, expert testimony, or fair market value assessments. The prosecution must prove that the value of the stolen property meets the statutory threshold of at least $300 but under $5,000.

Can a THEF2000 felony be sealed or expunged in Florida?

If the court withholds adjudication and the individual has no prior disqualifying offenses, the record may be eligible for sealing. Full expungement may be possible later, but adjudication of guilt disqualifies most individuals.

📘 Case Example (Hypothetical)

Case Summary:
A Tampa resident was charged with THEF2000 after allegedly shoplifting electronics worth $1,200 from a retail chain. The client had no prior criminal history.

Defense Strategy:
Challenge the prosecution’s timeline using surveillance inconsistencies and argue a lack of intent based on a medical condition.

Outcome:
Charge reduced to misdemeanor petit theft with no jail time, and adjudication withheld — making the client eligible for record sealing.

📈 Why Early Legal Representation Matters

Many defendants wait too long to secure legal help — a costly mistake. The earlier you get an experienced attorney involved, the more options you have:

🚫 Prevent charges from being filed
🤝 Negotiate pretrial diversion
📉 Reduce felony to misdemeanor
🔐 Protect your criminal record

Let me protect your rights from Day One. I know how to push back on police reports, flawed eyewitness accounts, and overreaching prosecution.

💬 Client Testimonials

I was placed under false arrest in a police misconduct incident. Casey's strong arguments during the hearing made all the difference and all three of my charges were dismissed. Casey is not only a very gifted lawyer, but is also clearly in the business for the right reasons. There is no way I could have done it without him and I would recommend him to anyone.

Christian Brown

🎯 Targeted Service Areas

I defend clients in all of Hillsborough County and beyond, including:

Tampa
Brandon
Plant City
Riverview
Temple Terrace
Westchase
Town ‘N’ Country
Carrollwood

🔒 Confidential, Judgment-Free Case Review

Whether it’s your first run-in with the law or you’re facing enhanced penalties for a prior conviction, I provide nonjudgmental support and discreet case evaluations.

📝 Start Here: Submit Your Case Online
📞 Call Now: (813) 222-2220

Why Acting Quickly Matters in THEF2000 Cases

Time is of the essence when facing a felony theft charge. The sooner you consult an experienced attorney, the more opportunities exist to build a strong defense, preserve evidence, and potentially reduce or eliminate charges. Prosecutors begin building their case immediately — you should too.

Real Experience, Local Advantage

With decades of experience defending clients in Hillsborough County and across Florida, I understand how local courts operate, how prosecutors think, and how to challenge evidence effectively. Whether your charge arose from a misunderstanding, a false accusation, or a lapse in judgment, you deserve a vigorous defense.

Free Consultation – Call Now

Don’t wait until your first court appearance to get help. If you or a loved one has been arrested or is under investigation for THEF2000, you need a lawyer who’s board-certified, tech-savvy, and laser-focused on results.

Contact W.F. “Casey” Ebsary Jr. now at (813) 222-2220
or visit https://www.centrallaw.com/contact-us/
We’re ready to fight for your future.

Call Us at 813-222-2220

Original Post from 2010

Grand Theft Third Degree, THEF2000, 812.014.2C1

“It is grand theft of the third degree . . . if the property stolen is . . . Valued at $300 or more, but less than $5,000”

Grand Theft Third Degree

If you have been charged with THEF2000 GRAND THEFT 3rd $300 – $20 000 you can call a Grand Theft Defense Attorney in Tampa at (813) 222-2220.

Form Code: THEF2000
Florida Statute: 812.014.2C1
Level: Fel (Felony)
Degree: 3rd
Description: GRAND THEFT 3rd $300 – $20 000

THEF2000 GRAND THEFT 3rd $300 – $20 000 is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES

812.014 Theft.

(2)(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:

1. Valued at $300 or more, but less than $5,000.

THEF2000 GRAND THEFT 3rd

THEF2200 Grand Theft Motor Vehicle

W.F. ''Casey'' Ebsary Jr. — Sun, 13 Apr 2025 18:43:50 GMT

THEF2200 Grand Theft Motor Vehicle – Felony Defense in Tampa

Experienced Criminal Defense from Attorney W.F. “Casey” Ebsary Jr.

Arrested for Grand Theft Auto in Tampa? Call (813) 222-2220 Now.

Facing a THEF2200 charge for Grand Theft Motor Vehicle is a serious matter in Florida. This offense is classified as a third-degree felony under Florida Statute 812.014(2)(c)4, with potential penalties of up to 5 years in prison, $5,000 in fines, and a permanent felony record.

I’m W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer based in Tampa. If you or a loved one has been charged with grand theft auto in Hillsborough County, I can help you navigate the legal system, protect your rights, and fight for the best possible outcome.

🔍 What is THEF2200 Grand Theft Motor Vehicle?

THEF2200 is the offense code used in Hillsborough County for charges related to the unlawful taking of a motor vehicle.

Under Florida Statute 812.014(2)(c)4, you may be charged if:

A motor vehicle was taken without permission
There was intent to either permanently or temporarily deprive the owner of their vehicle.
The value of the vehicle or circumstances meet the threshold for a felony.

This charge applies whether the vehicle was driven away, towed, or otherwise removed without the owner’s consent.

⚖️ Penalties for THEF2200 Grand Theft Motor Vehicle in Florida

Penalty	Details
Classification	Third-Degree Felony
Prison Sentence	Up to 5 years
Probation	Up to 5 years
Fine	Up to $5,000
Restitution	Repayment to the vehicle owner
Criminal Record	Permanent felony on your record

➕ Additional Consequences Include:

Denial of employment, housing, and loans
Immigration consequences for non-citizens
Driver’s license suspension in some cases
Loss of civil rights, such as voting or firearm ownership

✅ Why Choose W.F. “Casey” Ebsary Jr. to Defend Your Case?

When your freedom and reputation are on the line, experience matters. As a former prosecutor and board-certified criminal trial attorney, I offer:

🔎 Detailed Case Review – I analyze every piece of evidence
🛡️ Investigate evidence to uncover flaws in the prosecution’s case.
🧠 Strategic Defense – I craft a customized defense strategy based on the facts and legal options available.
🗣️ Skilled Negotiation – I work to reduce or dismiss charges through pre-trial negotiations when possible.
⚖️ Aggressive Representation – I’m always ready to go to trial to protect your rights and freedom.
🤝 Personalized Support – You’ll receive direct communication and compassionate guidance every step of the way.

🛡️ Top 5 Legal Defenses to THEF2200 Grand Theft Motor Vehicle Charges

Top 5

Lack of Intent
You did not intend to permanently or temporarily deprive the owner of their vehicle.
Mistaken Identity
You were wrongly identified, and there is no solid evidence linking you to the alleged theft.
Consent
The vehicle owner gave you permission to use the vehicle, or there was a misunderstanding.
Ownership or Possessory Interest
You had a legal or legitimate claim to the vehicle or believed you did.
Insufficient Evidence
The prosecution lacks the necessary evidence to prove guilt beyond a reasonable doubt.

🏛️ How the Legal Process Works in Hillsborough County

Phase	What to Expect
Arrest / Charging	You are taken into custody or formally charged with THEF2200.
First Appearance	A judge determines conditions of release and sets initial court dates.
Discovery	Both sides exchange evidence.
Pre-Trial Motions	Legal motions may be filed to suppress evidence or dismiss charges.
Plea Bargaining	Negotiations may lead to reduced charges or alternative sentencing options.
Trial	If no resolution is reached, your case may proceed to trial before a judge or jury.

🔗 Helpful Resources for Defendants

❓ Grand Theft Auto Frequently Asked Questions (FAQ)

FAQ

Is THEF2200 classified as a third-degree felony under Florida law?

Yes, THEF2200 is classified as a third-degree felony under Florida law. A conviction can result in significant penalties, including up to 5 years in prison.

Can I get a reduced sentence for a first-time offense?

Yes, depending on the circumstances, it may be possible to negotiate a reduced sentence, diversion programs, or probation for first-time offenders. Your attorney will review your case and help you explore all available options.

How does a Grand Theft Motor Vehicle conviction affect my life?

A conviction can impact many areas of your life, including: A permanent criminal record that can affect employment and housing. The potential suspension or revocation of your driver’s license. Difficulty traveling or securing loans. It’s important to fight these charges to minimize the long-term consequences.

Can I have a THEF2200 charge expunged from my record?

As THEF2200 is a felony, it is typically more difficult to have it expunged from your record. However, an experienced attorney may be able to explore options for post-conviction relief depending on your situation.

What should I do if I’ve been arrested for THEF2200 in Hillsborough County?

The first step is to contact a skilled criminal defense attorney immediately. An experienced attorney like W.F. “Casey” Ebsary Jr. can help you navigate the legal system, understand your rights, and begin building a strong defense.

📞 Contact W.F. “Casey” Ebsary Jr. for a Free Consultation Today

If you or someone you know is facing THEF2200 Grand Theft Motor Vehicle charges in Tampa or Hillsborough County, don’t wait to get the help you need. The sooner you act, the better chance you have of reducing or avoiding the severe penalties associated with this charge.

Reach out now for a confidential consultation:

📱 (813) 222-2220
🌐 Contact Us

🚨 Call to Action: Defend Your Future Now

Don’t face felony charges alone. A conviction for THEF2200 can have devastating effects on your life. Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 to discuss your defense strategy and protect your rights.

About Attorney W.F. “Casey” Ebsary Jr.

With over 20 years of experience in criminal defense law, I have helped countless clients in Hillsborough County fight against serious charges like Grand Theft Motor Vehicle. As a board-certified criminal trial attorney, I know how to use every legal resource available to secure the best possible outcome for your case.

Take control of your future today. Call (813) 222-2220 or visit our contact page to schedule a consultation.

Call Us at 813-222-2220

Original Post from 2010

Grand Theft Auto, 812.014.2C4, THEF2200

“grand theft of the third degree is a felony . . . if the property stolen is . . . a motor vehicle”

Grand Theft Auto

If you have been charged with THEF2200 GRAND THEFT MOTOR VEHICLE you can call a Grand Theft Auto Attorney at (813) 222-2220.

Form Code: THEF2200
Florida Statute: 812.014.2C4
Level: Fel (Felony)
Degree: 3rd
Description: GRAND THEFT MOTOR VEHICLE

THEF2200 GRAND THEFT MOTOR VEHICLE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES

812.014 Theft.

(2) (c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:
1. Valued at $300 or more, but less than $5,000.
2. Valued at $5,000 or more, but less than $10,000.
3. Valued at $10,000 or more, but less than $20,000.
4. A will, codicil, or other testamentary instrument.
5. A firearm.
6. A motor vehicle, except as provided in paragraph (a).
7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
8. Any fire extinguisher.
9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
11. Any stop sign.
12. Anhydrous ammonia.

THEF6000 Trespass and Larceny With Relation to Utility

W.F. ''Casey'' Ebsary Jr. — Sat, 12 Apr 2025 15:18:07 GMT

THEF6000 Trespass and Larceny With Relation to Utility – Misdemeanor Defense in Tampa | W.F. “Casey” Ebsary Jr.

Understanding THEF6000: Navigating Utility Theft Charges in Tampa

Facing a THEF6000 charge for Trespass and Larceny With Relation to Utility can be a serious and stressful situation. Under Florida Statute 812.14(2)(b), this charge is classified as a first-degree misdemeanor, meaning the consequences—jail time, fines, and a permanent theft record—are real and lasting. In Hillsborough County, these charges arise more often than one might think, and they demand prompt legal action.

As a seasoned Tampa Criminal Defense Attorney, I, W.F. “Casey” Ebsary Jr., provide clients with experienced, aggressive representation. My goal is to help you understand your legal options and work toward minimizing the impact of these charges—or avoiding a conviction altogether. Call me at (813) 222-2220 for a consultation.

What is THEF6000 Trespass and Larceny With Relation to Utility?

THEF6000 refers to a charge under Florida Statute 812.14(2)(b), which involves unauthorized connections or tampering with utility services such as electricity, gas, or water. Specifically, the statute prohibits any connection to a utility’s infrastructure—like wires, pipes, or meters—without consent, with the intent to use services unlawfully or avoid payment.

For detailed legal language, refer to Florida Statute 812.14.

Key Elements of THEF6000

Unauthorized Connection: Tapping into utility systems without permission.
Intent to Use Without Consent: The prosecution must prove you knowingly used services without authorization.
Avoidance of Payment: Charges often stem from efforts to avoid or bypass payment or metering.

Penalties for THEF6000 Trespass and Larceny With Relation to Utility

Penalty Type	Description
Classification	First-Degree Misdemeanor
Jail Time	Up to 1 year
Fines	Up to $1,000
Probation	Up to 1 year
Restitution	Payment for services unlawfully used
Criminal Record	A permanent record that can follow you

Additional Consequences

Employment background checks may flag this offense.
Applications for housing or loans can be negatively impacted.
Your reputation may suffer in the community or workplace.

Why Choose W.F. “Casey” Ebsary Jr. for Your Defense?

My practice is built on helping clients like you navigate difficult legal circumstances with clarity and strength. I offer:

Thorough Case Analysis – I scrutinize every detail of the evidence.
Strategic Defense Planning – I tailor defense strategies to the specific facts of your case.
Aggressive Representation – I fight hard in negotiations and in court.
Personalized Attention – My clients get regular updates and one-on-one guidance.

Common Defenses for THEF6000

Lack of Intent – You may not have known the connection was unauthorized.
Mistaken Identity – You were wrongly accused or linked to the incident.
Dispute Over Usage – There may be a legitimate basis for utility access.
Insufficient Evidence – The prosecution may lack proof beyond a reasonable doubt.

Navigating the Legal System in Hillsborough County

Each county in Florida handles cases slightly differently. My deep experience with Hillsborough County courts gives my clients an edge when it comes to local procedures, pre-trial options, and courtroom strategy.

Links to Helpful Resources

Table of Helpful Information

Information	Details
Common Locations	Homes, rental properties, businesses
Typical Evidence	Utility records, technician reports, photos/videos
First Appearance	Arraignment before a judge within 24–48 hours
Pre-Trial Negotiations	Potential for dismissal or diversion program
Trial Process	Bench or jury trial if resolution isn’t reached

Trespass and Larceny With Relation to Utility Q&A

FAQ

What is THEF6000 in Florida?

THEF6000 is the charge code for Trespass and Larceny With Relation to Utility under Florida Statute 812.14(2)(b). It involves unauthorized utility connections, often resulting in criminal charges.

What are the penalties for a THEF6000 conviction?

Penalties include up to 1 year in jail, $1,000 in fines, and a permanent criminal record.

Where can I find the Florida Statute for Utility Theft?

You can read the full statute at Florida Statute 812.14 via the Florida Senate website or on Justia.

Is THEF6000 a felony or misdemeanor?

THEF6000 is a first-degree misdemeanor, not a felony. Prosecution for a violation does not preclude prosecution for other theft charges.

How can a lawyer help with a THEF6000 charge?

A lawyer can challenge the evidence, negotiate a favorable outcome, and potentially help you avoid a conviction or get your record sealed.

What are common defenses for THEF6000?

Common defenses include lack of intent, disputes over who made the connection, and lack of evidence.

Where is THEF6000 commonly charged?

This charge often arises in residential or commercial properties across Hillsborough County.

What types of utilities are involved?

THEF6000 charges typically involve electricity, water, or gas.

Can a THEF6000 conviction be sealed?

In many first-time cases, record sealing is possible—talk to a lawyer about eligibility.

How do I contact a Tampa Defense Lawyer for THEF6000?

Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 or visit centrallaw.com/contact-us.

Contact Us for Immediate Assistance

If you’re facing a THEF6000 charge, don’t delay. Call my office at (813) 222-2220 for a confidential consultation and get the defense you deserve.

About Our Contact Page

Visit https://www.centrallaw.com/contact-us/ to submit a secure inquiry or request a callback.

Call to Action

Don’t face THEF6000 charges alone.
Call (813) 222-2220 or contact us online to begin building your defense today.

Call Us at 813-222-2220

Original 2010 Post THEF6000 Trespass and Larceny With Relation to Utility

Theft of Utilities, 812.14.2B, THEF6000

“connection with any wire, main, service pipe or other pipes, appliance, or appurtenance in such manner as to use, without the consent of the utility”

If you have been charged with THEF6000 TRESPASS AND LARCENY WITH RELATION TO UTILITY you can call a Tampa Criminal Defense Lawyer at (813) 222-2220.

Form Code: THEF6000
Florida Statute: 812.14.2B
Level: Misd (Misdemeanor)
Degree: 1st

Description: TRESPASS AND LARCENY WITH RELATION TO UTILITY

THEF6000 TRESPASS AND LARCENY WITH RELATION TO UTILITY is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES

812.14 Trespass and larceny with relation to utility fixtures; theft of utility services.

(2) It is unlawful to:

(b) Make or cause to be made any connection with any wire, main, service pipe or other pipes, appliance, or appurtenance in such manner as to use, without the consent of the utility, any service or any electricity, gas, or water, or to cause to be supplied any service or electricity, gas, or water from a utility to any person, firm, or corporation or any lamp, burner, orifice, faucet, or other outlet whatsoever, without such service being reported for payment or such electricity, gas, or water passing through a meter provided by the utility and used for measuring and registering the quantity of electricity, gas, or water passing through the same.

THEF1010 Petit Theft 1st – Misdemeanor Defense in Tampa

W.F. ''Casey'' Ebsary Jr. — Sat, 12 Apr 2025 13:36:15 GMT

THEF1010 Theft Misdemeanor Defense in Tampa W.F. “Casey” Ebsary Jr.

Understanding THEF1010: Navigating First-Degree Petit Theft Charges in Tampa

Facing a THEF1010 charge for Petit Theft 1st can be a distressing experience. This code, under Florida Statute 812.014.2E, signifies a first-degree misdemeanor, carrying potential consequences that shouldn’t be underestimated. In Hillsborough County, this offense is frequently charged, making it vital to understand your rights and seek experienced legal counsel. As a dedicated Tampa Defense Attorney, W.F. “Casey” Ebsary Jr., I am here to provide robust defense and guide you through this challenging time.

THEF1010, classified under Florida’s Title XLVI Crimes, Chapter 812, involves the unlawful acquisition or use of another’s property valued between $100 and $300. With proper legal representation, especially for first-time offenders, a conviction can often be avoided, and records can be sealed to protect your future. If you’ve been charged with THEF1010, contact my office at (813) 222-2220 to discuss your case.

What is THEF1010 Petit Theft 1st?

THEF1010, as defined by Florida Statute 812.014.2E, pertains to “obtains or uses, or endeavors to obtain or to use, the property of another” when the value of that property is between $100 and $750. This is considered a first-degree misdemeanor. The broader context of theft is outlined in Florida Statute 812.014, which details various theft classifications and their corresponding penalties. For a detailed understanding, refer to Florida Statute 812.014.

Key Elements of THEF1010:

Property Value: The stolen property must be valued between $100 and $750.
Intent: The prosecution must prove you knowingly intended to deprive the owner of their property.
Act of Taking: The act of “obtaining or using” can involve various forms of unlawful acquisition.

Penalties for THEF1010 Petit Theft 1st:

Understanding the potential penalties is crucial. Here’s a breakdown:

Penalty Type	Description
Classification	First-Degree Misdemeanor
Jail Time	Up to 1 year in jail
Fines	Up to $1,000
Probation	Up to 1 year
Restitution	Required to repay the value of the stolen property
Criminal Record	A permanent criminal record

Additional Consequences:

Background checks can reveal a petit theft conviction, impacting employment and housing.
Professional licenses may be affected.
Reputational damage.

Why Choose W.F. “Casey” Ebsary Jr. for Your Defense?

As a seasoned Tampa Defense Attorney, I understand the nuances of THEF1010 cases. My approach is tailored to each client, focusing on:

Thorough Case Analysis: Meticulously reviewing all evidence.
Strategic Defense Planning: Developing a robust defense strategy.
Aggressive Representation: Advocating for your rights in court.
Personalized Attention: Providing clear communication and support.

Common Defenses for THEF1010:

Lack of Intent: Arguing the act was unintentional.
Mistaken Identity: Proving you were wrongly identified.
Property Ownership Dispute: Demonstrating a legitimate claim to the property.
Insufficient Evidence: Challenging the prosecution’s evidence.

Navigating the Legal System in Hillsborough County:

Local legal expertise is vital. My experience in Hillsborough County courts provides a significant advantage.

Links to Helpful Resources:

Florida State Courts
Hillsborough County Clerk of Court
Florida Statutes

Table of Helpful Theft Defense Information:

Information	Details
Common Locations for Charges	Retail stores, supermarkets, public places
Typical Evidence	Surveillance footage, witness statements, store security reports
First Appearance	Initial court hearing to address charges
Pre-Trial Negotiations	Opportunities for reduced charges or alternative resolutions
Trial Process	If negotiations fail, the case proceeds to trial

Theft Charges Q&A:

What is THEF1010 in Florida?

THEF1010 is the form code for Petit Theft 1st, a first-degree misdemeanor under Florida Statute 812.014.2E. It involves the theft of property valued between $100 and $750. This offense is commonly charged in Hillsborough County.

What are the penalties for a THEF1010 conviction?

A conviction can result in up to 1 year in jail, fines up to $1,000, and a permanent criminal record. These penalties can significantly impact your future opportunities, including employment and housing.

Where can I find the Florida Statute for Petit Theft?

The Florida Statute for Petit Theft, including THEF1010, is found under Florida Statute 812.014. You can access it through the Justia website. Understanding this statute is crucial for building a solid defense.

Is THEF1010 a felony or misdemeanor?

THEF1010 is a first-degree misdemeanor. Felonies involve more severe crimes with harsher penalties, while misdemeanors are less severe.

How can a lawyer help with a THEF1010 charge?

A lawyer can analyze your case, identify weaknesses in the prosecution’s evidence, negotiate with prosecutors, and represent you in court. Their expertise is vital for achieving the best possible outcome.

What are common defenses for THEF1010?

Common defenses include lack of intent, mistaken identity, property ownership disputes, and insufficient evidence. A skilled attorney can effectively present these defenses.

Where is THEF1010 commonly charged?

THEF1010 is commonly charged in Hillsborough County, Florida, particularly in retail settings and public places. Local legal knowledge is essential for navigating these cases effectively.

What is the value threshold for THEF1010?

The value threshold for THEF1010 is between $100 and $750. Property valued above this range may result in grand theft charges.

Can a THEF1010 conviction be sealed?

Yes, especially for first-time offenders, a Motion to Seal can prevent this mistake from permanently affecting your life. An attorney can help you through this process.

How do I contact a Tampa Defense Attorney for THEF1010?

Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 or visit https://www.centrallaw.com/contact-us/ for immediate assistance.

Call Us at 813-222-2220

Contact Us for Immediate Assistance:

If you’re facing a THEF1010 charge, contact my office immediately at (813) 222-2220 for a consultation.

Petit Theft is one of the most commonly charged offenses in Florida. If someone has no prior record, a conviction can be avoided and a Motion to Seal the records can keep this mistake from permanently hurting lives.

Misdemeanor Petit Theft

If you have been charged with THEF1010 PETIT THEFT 1st you can call a Defense Attorney in Tampa to Fight for You or a friend.

Form Code: THEF1010

Florida Statute: 812.014.2E
Level: Misd (Misdemeanor)
Degree: 1st
Description: PETIT THEFT 1st

THEF1010 PETIT THEFT 1st is one of the most commonly charged offenses in Hillsborough County, Florida.

“obtains or uses, or endeavors to obtain or to use, the property of another”

Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES812.014 Theft.(1) 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.(b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

It is grand theft of the third degree and a felony of the third degree

. . . if the property stolen is . . . Valued at $300 or more, but less than $5,000

(2)(a) 1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or

2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;

3. If the offender commits any grand theft and:a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; orb. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000, the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.(b) 1. If the property stolen is valued at $20,000 or more, but less than $100,000;2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock;3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003, the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(9) or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 943.10 in the officer’s official business.

However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.

For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:1. Valued at $300 or more, but less than $5,000.2. Valued at $5,000 or more, but less than $10,000.3. Valued at $10,000 or more, but less than $20,000.

4. A will, codicil, or other testamentary instrument.5. A firearm.6. A motor vehicle, except as provided in paragraph (a).7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.8. Any fire extinguisher.9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).11. Any stop sign.12. Anhydrous ammonia.However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.(d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.

State Court - Law Offices of W.F. "Casey" Ebsary Jr.

Florida Court Reverses Constructive Possession Conviction

What Is Constructive Possession of a Weapon?

Another Case on Constructive Possession

Free Download of the Constructive Possession Opinion from Florida

The Court’s Ruling on Constructive Possession

Excerpts of Opinion of the Florida Court on Constructive Possession

Complete Opinion of the Court on Constructive Possession

Is Cannabis Use Legal at the Gasparilla Pirate Fest?

Possession of Cannabis in Tampa, Florida

Cannabis Remains Illegal Under State and Federal Laws

Law Enforcement Presence

Conclusion

Polk Marijuana Defense Attorney (813) 222-2220 – Drug Crimes – Cannabis

Polk County Marijuana Law

FRAU1171 Fraudulent Use of Personal Information

Update 2026 FRAU1171 Fraudulent Use of Personal Information in Florida

FRAU1171 Fraudulent Use of Personal Information Defense Lawyer in Tampa

Understanding FRAU1171 Allegations

Why These Cases Can Become Extremely Serious

My Approach to Defending Fraud and Identity Allegations

Contact Me Immediately if You Learn You Are Under Investigation

Common Evidence in Fraudulent Use of Personal Information Cases

Digital Evidence

Financial Evidence

Identity Theft Allegations and Technology

The Human Side of Fraud Allegations

What I Look for Immediately in These Cases

Why Experience Matters in Fraud Cases

Possible Long-Term Consequences of Fraud Allegations

Frequently Asked Questions About FRAU1171 Cases

Speak With an Experienced Tampa Fraud Defense Attorney

Identity Theft

Cell Phone Searches History Updated 2025

Cell Phone Searches and Your Rights: Florida Law and Supreme Court Precedents

Introduction: Understanding Cell Phone Searches in Criminal Cases

🎥 Featured Video: Expert Defense When Police Search Your Phone

🔎 Frequently Asked Questions About Cell Phone Searches

📈 Chart: Warrant Requirements for Cell Phone Data Types

✉️ Call to Action: Protect Your Digital Privacy Now

🌐 Legal Resources and Statutes

Learn More About Cell Phone Searches

Original Post From 2014

Cell Phone Search Warrant

Phone Search, Search and Seizure, Search Warrant

Some Excerpts from Florida Cell Search Cases:

TRAF3039 Fleeing and Attempting to Elude a Police Officer

Fleeing and Attempting to Elude a Police Officer – TRAF3039

🔍 What is Fleeing and Attempting to Elude a Police Officer (TRAF3039)?

📌 Quick Facts

❓Frequently Asked Questions (FAQ)

📉 What are the defenses to fleeing and eluding?

Top 5 defenses include:

🧑‍⚖️ What are my options if charged?

📽️ What should I do immediately after being charged?

📊 Penalty Chart for § 316.1935(1) Fleeing and Eluding

📺 Video: Understanding Florida’s Fleeing and Eluding Law

🧭 Resources & Legal References

✅ Why Hire Attorney W.F. “Casey” Ebsary Jr.?

📞 Call Today

Related Posts

Original Post Updated to 2025 See Above TRAF3039 Fleeing and Attempting to Elude a Police Officer

ASSA5005 Aggravated Assault With Deadly Weapon

Florida Statute §784.021(1)(a) | Tampa Criminal Defense Attorney

What Is ASSA5005 – Aggravated Assault With a Deadly Weapon?

Legal Breakdown: Florida Statute §784.021

Q&A: Aggravated Assault With a Deadly Weapon (ASSA5005)

Top 5 Legal Defenses to ASSA5005

Florida Penalty Chart: ASSA5005

Why Choose W.F. “Casey” Ebsary Jr.?

Take Action Now – Protect Your Freedom

Related Florida Statutes and Resources

2010 Post Updated to 2025

WOCK2000 Tampa Lawyer for Worthless Check Less Than $150

Charged with Obtaining Property or Services with a Worthless Check?

Florida Statute for WOCK2000: § 832.05.4 – Obtaining Property or Services in Return for Worthless Checks

Key Points of the Statute:

What to Do If You Are Facing WOCK2000 Charges?

Possible Defenses to WOCK2000 Charges

Top Five Frequently Asked Questions (FAQs)