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

📈 Chart: Warrant Requirements for Cell Phone Data Types

✉️ 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

• Riley v. California (2014) – Justia
• Carpenter v. United States (2018) – Justia
• Smallwood v. State (Florida 2013) – Justia
• Rule 3.190(h), Florida Rules of Criminal Procedure

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

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

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.”

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

❓Frequently Asked Questions (FAQ)

📉 What are the defenses to fleeing and eluding?

Top 5 defenses include:

• 🚫 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?

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

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

📺 Video: Understanding Florida’s Fleeing and Eluding Law

“Fleeing from Police in Florida – What You Need to Know”]
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🧭 Resources & Legal References

• Florida Statute § 316.1935 – Justia.com
• Florida Uniform Traffic Citation Manual (FDLE)
• Hillsborough County Clerk of Court
• Florida Sentencing Guidelines – Chapter 775

✅ 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/

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

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 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

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

Top 5 Legal Defenses to ASSA5005

• 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

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

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

“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.

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:

1. 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.
2. 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.
3. 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
4. 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.

Top Five Frequently Asked Questions (FAQs)

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

“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.

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)

🔹 Sentencing Reference: Florida Criminal Punishment Code

Top 5 Key Facts About BATT5000 Charges

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\

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.

✅ 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

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

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.

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

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

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.

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

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

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

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.

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

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

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

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.

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.

Contact Us Call 813-222-2220

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

• 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

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

“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.

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

Arrested for Battery (Domestic Violence)? Get Help Now

Contact Us Call 813-222-2220

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

• 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

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

“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 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.

Contact Us Call 813-222-2220

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

• 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

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

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?

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.

Original Post from 2010

“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.

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 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)

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

“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.

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

⚠️ 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

📘 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

🎯 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

“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

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

➕ 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

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

🏛️ How the Legal Process Works in Hillsborough County

🔗 Helpful Resources for Defendants

• Florida Statute 812.014 – Grand Theft
• Hillsborough County Clerk of Court
• Florida Department of Corrections
• Central Law Contact Page

❓ Grand Theft Auto Frequently Asked Questions (FAQ)

📞 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 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.

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

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

• Florida State Courts
• Hillsborough County Clerk of Court
• Florida Statutes – Chapter 812

Table of Helpful Information

Trespass and Larceny With Relation to Utility Q&A

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

“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.

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:

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:

Theft Charges Q&A:

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.

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;

or

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.

Charged with THEF6304 in Hillsborough County?
Call W.F. “Casey” Ebsary Jr. at (813) 222-2220 for aggressive and experienced defense.

Understanding Florida Statute 812.155 – THEF6304

Failure to Redeliver Leased Personal Property (THEF6304) is a serious offense in Florida. Under Florida Statute §812.155(3), this charge applies when a person knowingly refuses or fails to return leased property without the consent of the owner.

If the leased property is valued at $300 or more, the offense is a third-degree felony—punishable by up to 5 years in prison and a $5,000 fine.

Key Elements of THEF6304

• A Valid Lease: There must be a documented lease agreement.
• Intentional Failure: The refusal or abandonment must be knowing and intentional.
• Value Matters: If property value ≥ $300 → Felony; < $300 → Misdemeanor.

Penalties for THEF6304 Charges

Additional Consequences:

• Permanent criminal record
• Job loss or employment barriers
• Revocation of professional licenses
• Damage to credit and financial standing

Common Legal Defenses for THEF6304

• Lack of Intent: If there was no deliberate refusal to return the property, such as a misunderstanding or miscommunication, this defense can be crucial. This may include situations where the individual believed they were in compliance with the lease terms, or unexpected circumstances prevented the return of the property.
• Lease Disputes: If the lease terms were vague or disputed, there could be reasonable confusion about when or how the property should be returned. A defense based on unclear lease agreements or differing interpretations of the contract could be a strong argument to challenge the charge.
• Condition Issues: If the property was damaged or unusable when returned, the lessee may argue that the property was not in a condition to be returned. Additionally, if the lease did not properly account for the property’s condition at the time of return, this could serve as a valid defense.
• Mistaken Identity: Sometimes, individuals are charged for leased property they did not control. A mistaken identity defense involves proving that the person charged with the offense was not the one responsible for the leased item or that someone else was involved.

Why Hire W.F. “Casey” Ebsary Jr.?

As a Board-Certified Criminal Trial Lawyer in Tampa, I offer:

✅ In-depth case analysis: I will thoroughly review your lease documents, related evidence, and any communication to build a robust defense strategy.
✅ Aggressive legal defense: My approach involves fighting for your rights at every stage, whether in negotiations or in the courtroom.
✅ Local court experience: Familiarity with the Hillsborough County court system allows me to effectively navigate local procedures and engage with prosecutors and judges for the best outcome.
✅ Personalized service: I believe in clear communication and providing ongoing support throughout the legal process, so you’re never left in the dark.

Don’t leave your future to chance. Let me fight for you.

📞 Free Consultation: (813) 222-2220
📍 Serving Tampa and Hillsborough County

Frequently Asked Questions (THEF6304)

What to Expect in Hillsborough County Courts

Helpful Links

• Florida Statute 812.155
• Hillsborough Clerk of Court
• Florida State Courts

Act Now – Every Day Matters in a Criminal Case
Reach out to Tampa Defense Attorney W.F. “Casey” Ebsary Jr. for aggressive, knowledgeable defense of your rights.

Call Us at 813-222-2220

📞 Call Today: (813) 222-2220
🌐 www.centrallaw.com

Original Post from 2010 THEF6304 Failure to Redeliver Leased Personal Property

THEF6304 Failure to Redeliver Leased Personal PropertyLaw Office of W.F. ”Casey” Ebsary Jr  March 20, 2025TweetShareShare

“without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty”

Failure to Redeliver Leased Property

If you have been charged with THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY you can call a Failure to Redeliver Leased Property Defense Attorney Tampa at (813) 222-2220 and tell me your story.

Form Code: THEF6304

Florida Statute: 812.155.3

Level: Fel (Felony)

Degree: 3rd

Description: FAILURE TO REDELIVER LEASED PERSONAL PROPERTY

THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY is often charged in Hillsborough County, Florida.

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

812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence.

(3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY.—Whoever, after hiring or leasing any personal property or equipment under an agreement to redeliver the same to the person letting such personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that event the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Posted in: Failure to Redeliver, Failure to Redeliver Leased Personal Property, State Court, THEF6304 and Theft

Tagged: 812.155.3

“without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty”

Failure to Redeliver Leased Property

If you have been charged with THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY you can call a Failure to Redeliver Leased Property Defense Attorney Tampa at (813) 222-2220 and tell me your story.

Form Code: THEF6304

Florida Statute: 812.155.3

Level: Fel (Felony)

Degree: 3rd

Description: FAILURE TO REDELIVER LEASED PERSONAL PROPERTY

THEF6304 FAILURE TO REDELIVER LEASED PERSONAL PROPERTY is often charged in Hillsborough County, Florida.

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

812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence.

(3) FAILURE TO REDELIVER HIRED OR LEASED PERSONAL PROPERTY.—Whoever, after hiring or leasing any personal property or equipment under an agreement to redeliver the same to the person letting such personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of such person or persons knowingly abandon or refuse to redeliver the personal property or equipment as agreed, shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that event the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

In Hillsborough County, Florida, the charge of “Dealing in Stolen Property,” codified under Florida Statute 812.019.1 and often referred to by the form code THEF5000, represents a serious felony offense. This charge, frequently encountered in Tampa and surrounding areas, can carry severe legal consequences, impacting an individual’s future significantly. Understanding the intricacies of THEF5000 is crucial for anyone facing such allegations.

This offense, as defined by Florida law, involves “trafficking in, or endeavoring to traffic in, property that he or she knows or should know was stolen.” The subjective element of “should know” broadens the scope of this law, making it essential to seek experienced legal counsel immediately.

If you’re grappling with a THEF5000 charge, it’s vital to contact a knowledgeable Tampa Dealing in Stolen Property Lawyer like W.F. “Casey” Ebsary Jr. at (813) 222-2220. With a deep understanding of Florida’s criminal justice system and a commitment to protecting your rights, Casey Ebsary can provide the legal expertise you need. This article aims to demystify THEF5000, offering insights into its legal implications and how to navigate this challenging situation.

Understanding Florida Statute 812.019.1 and THEF5000

Florida Statute 812.019.1 outlines the offense of Dealing in Stolen Property, a second-degree felony under most circumstances. The statute is designed to curb the distribution and sale of stolen goods, thereby addressing the downstream effects of theft.

The statute defines two primary categories of offenses: trafficking in stolen property, which involves knowingly or having reason to know that property is stolen and then engaging in transactions involving that property, and the more serious offense of initiating, organizing, planning, financing, directing, managing, or supervising the theft of property and trafficking in such stolen property, which is a first-degree felony.

To fully comprehend the implications of THEF5000, it’s essential to delve into the specific language of the statute, which can be found on the Florida Legislature’s official website: Florida Statute 812.019. This resource provides authoritative insight into the legal framework surrounding this offense.

Key Elements of THEF5000 Dealing in Stolen Property

To secure a conviction under THEF5000, the prosecution must establish several key elements beyond a reasonable doubt. These elements include proving that the defendant engaged in trafficking, which means they sold, transferred, distributed, or otherwise dealt in stolen property. Additionally, the prosecution must demonstrate that the defendant had actual knowledge that the property was stolen or should have known it was stolen. Finally, the property in question must be proven to have been stolen.

Penalties for Dealing in Stolen Property

The penalties for a THEF5000 conviction can be severe, impacting an individual’s freedom, finances, and future opportunities.

Table of Penalties:

Defenses to THEF5000 Dealing in Stolen Property Charges

A skilled criminal defense attorney can explore various defenses to THEF5000 charges, including demonstrating a lack of knowledge that the property was stolen, proving that the defendant’s actions did not constitute trafficking as defined by the statute, arguing that law enforcement entrapped the defendant, asserting a case of mistaken identity, or challenging the legality of the search and seizure that yielded the evidence.

The Importance of Legal Representation

Facing a THEF5000 charge can be overwhelming. An experienced criminal defense attorney can protect your rights throughout the legal process, investigate the facts of your case, negotiate with prosecutors for reduced charges or alternative sentencing, and represent you in court.

Navigating the Legal Process

The criminal justice system can be complex and intimidating. The process typically involves arrest and booking, arraignment, discovery, pre-trial motions, trial, and sentencing.

Contacting W.F. “Casey” Ebsary Jr.

If you or a loved one is facing THEF5000 charges in Hillsborough County, Florida, it’s essential to seek legal representation immediately. W.F. “Casey” Ebsary Jr. is a seasoned Tampa criminal defense attorney with a proven track record of success.

About the Contact Page:

For direct contact, please visit the contact page of the website, here: https://www.centrallaw.com/contact-us/. This page provides multiple avenues for communication, including a contact form, phone number, and office address. We prioritize quick responses, and look forward to assisting you.

10 Dealing in Stolen Property Q&A:

Call Us at 813-222-2220

Original 2010 Post

“traffic in, property that he or she knows or should know was stolen shall be guilty of a felony”

Dealing in Stolen Property

If you have been charged with THEF5000 DEALING IN STOLEN PROPERTY you can call a Tampa Dealing in Stolen Property Lawyer at (813) 222-2220 and tell your story.

Form Code: THEF5000
Florida Statute: 812.019.1
Level: Fel (Felony)
Degree: 2nd

Description: DEALING IN STOLEN PROPERTY

THEF5000 DEALING IN STOLEN PROPERTY one of the most commonly charged offenses in Hillsborough County, Florida.

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

812.019 Dealing in stolen property.

(1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084.

(2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084.

THEF5000 DEALING IN STOLEN PROPERTY

Introduction: Spoliation of Electronic Evidence

The digital age has brought forth unique challenges in litigation, particularly concerning the preservation and handling of electronic evidence. Spoliation, the destruction or alteration of such evidence, can have severe consequences, as illustrated by recent Florida court rulings. If you are dealing with a spoliation issue, contact W.F. “Casey” Ebsary Jr. at 813-222-2220 or visit us for expert legal guidance. This article delves into the intricacies of spoliation, focusing on a specific Florida Circuit Court case involving deleted data from USB thumb drives and external hard drives, and the application of Florida Standard Jury Instructions.

The Florida Circuit Court Case: A Case Study in Electronic Spoliation:

A recent Florida Circuit Court case underscored the stringent approach courts are taking towards the destruction of electronic evidence. In this instance, a judge sanctioned a party for intentionally deleting data from a sheriff’s office laptop, an “Armor” computer, and an external hard drive, as well as discarding a USB thumb drive containing relevant information.

The court found that these actions violated discovery rules, significantly prejudicing the opposing party’s ability to present its case. This ruling serves as a stark reminder that parties involved in litigation have a duty to preserve electronic evidence, and failure to do so can result in severe penalties.

Spoliation and the Florida Rules of Evidence:

Under the Florida Rules of Evidence (FRE), spoliation of evidence can lead to significant sanctions. The court’s decision to impose an “adverse inference” instruction highlights the severity of these penalties.

Adverse Inference: A Powerful Sanction:

An adverse inference instruction allows the jury to presume that the destroyed or missing evidence would have been unfavorable to the party responsible for its destruction. In the aforementioned case, the court ordered the jury to be instructed that the deleted data and the data on the discarded thumb drive contained information detrimental to the defendants. For assistance with spoliation matters, reach out to W.F. “Casey” Ebsary Jr. at 813-222-2220 .

Florida Standard Jury Instructions and Spoliation:

Florida Standard Jury Instruction 301.11 (“Failure to Maintain Evidence or Keep a Record”) plays a crucial role in spoliation cases. This instruction clarifies that the jury may draw an adverse inference when evidence has been lost, destroyed, or made unavailable. Key considerations include:

• Materiality: The missing evidence must have been “material” to the disputed issues.
• Permissive Inference: The instruction allows, but does not require, the jury to draw an adverse inference.
• Court Discretion: Courts have significant discretion in determining the appropriate sanctions, including whether to give this instruction.
• Duty to Preserve: If a duty to preserve evidence exists, such as by statute, contract, or discovery request, the jury instruction may change to a rebuttable presumption.

Factors Influencing Court Decisions:

Courts consider several factors when addressing spoliation, including:

• The intent of the party responsible for the destruction (e.g., intentional vs. negligent).
• The degree of prejudice suffered by the opposing party.
• The existence of a duty to preserve the evidence.

Practical Implications for Legal Professionals:

• Preservation Obligations: Attorneys must advise their clients of their duty to preserve electronic evidence as soon as litigation is reasonably anticipated.
• Discovery Management: Robust discovery protocols are essential to ensure the preservation and proper handling of electronic evidence.
• Expert Assistance: Engaging electronic discovery experts can be crucial in recovering deleted data and assessing the impact of spoliation.
• Motions for Sanctions: Attorneys must be prepared to file motions for sanctions when opposing parties engage in spoliation.

Destruction of Evidence Q&A Section:

Table: Key Aspects of Electronic Spoliation in Florida

Conclusion: Spoiled Evidence

The Florida Circuit Court ruling serves as a cautionary tale for parties involved in litigation. The courts are increasingly vigilant in addressing spoliation of electronic evidence, and the consequences can be severe. Understanding the Florida Rules of Evidence and the Florida Standard Jury Instructions is crucial for legal professionals navigating these complex issues.

By prioritizing the preservation of electronic evidence and adhering to proper discovery protocols, attorneys can protect their clients’ interests and ensure fairness in the litigation process. For knowledgeable and experienced legal representation regarding spoliation of electronic evidence, please call W.F. “Casey” Ebsary Jr. at 813-222-2220 or visit https://www.centrallaw.com/contact-us/.

Source Text of Jury Instruction:

301.11 FAILURE TO MAINTAIN EVIDENCE OR KEEP A RECORD
a. Adverse inference.
If you find that: (Name of party) [lost] [destroyed] [mutilated] [altered] [concealed] or otherwise caused the (describe evidence) to be unavailable, while it was within [his] [her] [its] possession, custody, or control; and the (describe evidence) would have been material in deciding the disputed issues in this case; then you may, but are not required to, infer that this evidence would have been unfavorable to (name of party). You may consider this, together with the other evidence, in determining the issues of the case.

b. Burden shifting presumption.
The court has determined that (name of party) had a duty to [maintain (describe missing evidence)] [keep a record of describe subject matter as to which party had record keeping duty)]. (Name of party) did not [maintain (describe missing evidence)] [or] [keep a record of (describe subject matter as to which party had recordkeeping duty)]. Because (name of party) did not [maintain (describe missing evidence)] [or] [keep a record of (describe subject matter as to which party had a record keeping duty)], you should find that (name of invoking party) established [his] [her] (describe applicable claim or defense) unless (name of party) proves otherwise by the greater weight of the evidence.

Original Post in 2010

“At trial, the jury will be instructed that data deleted . . .

contained information detrimental to defendants.”

Tampa Criminal Defense expert has just studied a recent Circuit Court Order in Florida where a Judge ruled a jury can learn of destruction of evidence on a USB Thumb drive and external hard drive in a civil case. Under the Florida Rules of Evidence (FRE), spoliation of evidence can result in sanctions. Spoliation is a legal term for destruction of evidence.

The Florida Circuit Court Judge noted that a party had intentionally deleted files on a USB Thumb Drive and external hard drive. Apparently the USB Thumb Drive had been thrown away. The Court also observed that the materials on the drives were subject to the Discovery Rules under a Court Order. Prejudice can occur when efforts of a litigant are obstructed. The court found that while data had been destroyed, the opposing party could still present evidence to support its allegations. The Jury in the case will be given an “adverse inference” instruction that would tell the jury to assume that the deleted data on the USB Thumb Drive would have hurt the offending party’s case. The Court noted, “The content of the files deleted from the Sheriff’s laptop, the external hard drive and the Armor computer is not known. Plaintiff’s expert may be able to reconstruct some or all of these files, but only at excessive cost to plaintiff. The thumb drive, of course, has been lost altogether.”

Excerpted Text of Court’s Ruling:

“1. The motion to impose sanctions for spoliation of evidence is granted.

2. At trial, the jury will be instructed that data deleted from the Sheriff’s Office laptop, the Armor computer and the external hard drive, and data on the discarded thumb drive, contained information detrimental to defendants.

3. Plaintiff’s expert shall not be required to perform further analysis in an effort to retrieve deleted files or data.

4. Plaintiff is entitled to recover reasonable attorney fees incurred in connection with the prosecution of the instant motion.”

Source: FLW Supp 1709PRIS

BATT1010: More Than Just a Code – It’s a Serious Felony Charge

If you’ve encountered the term BATT1010, it likely wasn’t under pleasant circumstances. BATT1010 is the common administrative code used in many Florida jurisdictions, including Hillsborough County, to designate the specific and serious felony charge of Battery on a Law Enforcement Officer (often abbreviated as Battery on LEO). An arrest or formal charge involving BATT1010 signifies that the state believes you intentionally and unlawfully touched, struck, or caused bodily harm to a police officer, sheriff’s deputy, correctional officer, or another specified official while they were performing their duties.

Unlike simple battery, which is typically a misdemeanor, a BATT1010 charge immediately elevates the situation to a felony offense, carrying significantly harsher penalties and lifelong consequences. Understanding the gravity of a BATT1010 accusation is the first critical step. The state takes offenses against its officers extremely seriously, and prosecutors pursue these cases aggressively.

Law Office of W.F. “Casey” Ebsary Jr | Experienced Tampa Criminal Defense | Call Now: (813) 222-2220

If you or a loved one is facing a BATT1010 charge in Tampa, Hillsborough County, or surrounding Florida areas, securing experienced legal representation is not just advisable – it’s essential. Don’t delay. Contact the Law Office of W.F. “Casey” Ebsary Jr. at (813) 222-2220 immediately to discuss your BATT1010 case.

Understanding the Law: Florida Statute § 784.07

The initial information provided referenced Florida Statute § 784.03, which defines simple battery. While related, the specific charge of Battery on a Law Enforcement Officer is governed by Florida Statute § 784.07 – Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.  

Specifically, § 784.07(2)(b) states that whenever a person commits a battery (as defined in § 784.03) upon a law enforcement officer or other specified individuals while they are engaged in the lawful performance of their duties, the offense is reclassified as a felony of the third degree.

You can view the full text of the relevant Florida Statutes here:

• Florida Statute § 784.07:
• Florida Statute § 784.03 (Base Battery Definition):

What Must the Prosecution Prove for a BATT1010 Conviction?

To secure a conviction for Battery on a Law Enforcement Officer (BATT1010) under F.S. § 784.07(2)(b), the State prosecutor must prove the following elements beyond a reasonable doubt:

1. Intentional Touching or Striking OR Intentional Causing Bodily Harm: The defendant must have intentionally touched or struck the victim against their will, OR intentionally caused bodily harm to the victim. Accidental contact is generally not sufficient, although reckless actions could sometimes be argued depending on the circumstances.
2. Victim Was a Law Enforcement Officer (or other specified official): The person battered must fall under the categories defined in the statute. This includes:
   • Law enforcement officers (police, deputies, state troopers, etc.)
   • Correctional officers / Correctional probation officers
   • Firefighters
   • Emergency medical care providers (EMTs, paramedics)
   • Public transit employees or agents
   • Parking enforcement specialists
   • Federal law enforcement officers
   • Other officers specified within the statute (e.g., certain investigators, traffic officers).
3. Victim Was Engaged in Lawful Performance of Duties: The officer or official must have been acting within the legal scope of their job responsibilities at the time the battery occurred. If the officer was acting unlawfully (e.g., using excessive force without justification, making an illegal stop or arrest), this can be a crucial point for the defense.
4. Defendant Knew or Should Have Known Victim’s Status: The defendant must have known, or reasonably should have known, that the person they battered was a law enforcement officer or one of the other protected individuals listed in the statute. This is often clear if the officer is in uniform or has identified themselves, but can be contested if the officer was undercover or off-duty and did not identify themselves.

Failure by the prosecution to prove any one of these elements beyond a reasonable doubt should result in an acquittal of the BATT1010 charge, although lesser charges like simple battery might still be possible depending on the facts.

Penalties for Battery on a Law Enforcement Officer (BATT1010) in Florida

A conviction for BATT1010 / Battery on a Law Enforcement Officer is a serious felony with potentially life-altering consequences. As a third-degree felony, the potential statutory penalties are severe, and judges often impose harsh sentences in these cases due to the protected status of the victim.

It cannot be overstated: A BATT1010 charge requires an immediate and serious defense strategy. Don’t assume the charges will be dropped or minimized. Contact W.F. “Casey” Ebsary Jr. at (813) 222-2220 to protect your future.

Summaries of Potential Defenses to BATT1010 Charges

Just because you’ve been charged doesn’t mean you will be convicted. An experienced criminal defense attorney like Casey Ebsary will meticulously examine the facts of your case to identify potential defenses. Every case is unique, but common defense strategies include:

Identifying and effectively presenting the right defense requires deep legal knowledge and courtroom experience. W.F. “Casey” Ebsary Jr. has defended countless individuals against serious charges in the Tampa Bay area and understands how to build a strong defense against BATT1010 accusations.

Why You Urgently Need W.F. “Casey” Ebsary Jr. for Your BATT1010 Defense

Facing a Battery on a Law Enforcement Officer charge is incredibly intimidating. The state has vast resources and a strong inclination to protect its officers. You need an advocate who is not afraid to challenge the prosecution and fight for your rights. Here’s why Casey Ebsary is the right choice:

1. Experience with BATT1010 Cases: Casey Ebsary has specific experience handling BATT1010 and related assault/battery charges in Hillsborough County and surrounding jurisdictions. He understands the nuances of Florida Statute § 784.07 and the common tactics used by prosecutors.
2. Thorough Investigation: We don’t just rely on the police report. Our office conducts independent investigations, seeking out witness testimony, analyzing bodycam and dashcam footage, reviewing dispatch logs, and examining the involved officers’ histories if relevant. Every detail matters.
3. Understanding Police Procedures: We know standard police protocols and training. If officers deviated from proper procedure, used excessive force, or acted unlawfully, we know how to expose it and use it to your advantage.
4. Challenging the Prosecution’s Case: We meticulously analyze the state’s evidence to identify weaknesses, inconsistencies, and violations of your constitutional rights (like illegal searches or seizures).
5. Negotiation Skills: While preparing vigorously for trial, Casey Ebsary is also a skilled negotiator. If a favorable plea agreement is possible and in your best interest (e.g., reduction to a misdemeanor, avoiding jail time, diversion programs), he will work tirelessly to achieve it.
6. Trial Readiness: If negotiation isn’t the right path, Casey Ebsary is an experienced trial lawyer ready to defend you assertively before a judge and jury. He knows how to cross-examine officers effectively and present compelling defense arguments.
7. Local Knowledge: Practicing extensively in the Tampa Bay area means familiarity with the local judges, prosecutors, and court procedures, which can be invaluable in navigating your case.
8. Protecting Your Future: Our goal is to achieve the best possible outcome, whether that’s a dismissal, acquittal, reduced charges, or minimized penalties, always focusing on mitigating the long-term impact on your life, career, and freedom.

Don’t face the power of the state alone. Get experienced help now. Call (813) 222-2220.

Frequently Asked Questions (Q&A) about BATT1010 Charges

Florida Government & Legal Resources

For further information directly from official sources, you may consult:

• Florida Legislature – Online Sunshine: Access the official text of Florida Statutes.
  • www.leg.state.fl.us/statutes/
• Florida Department of Law Enforcement (FDLE): Provides information on criminal justice data and standards.
  • www.fdle.state.fl.us
• Florida Courts: Information about the state court system.
  • www.flcourts.gov (Note: The previous flcourts.org may redirect or be outdated; .gov is standard for government sites)
• Hillsborough County Clerk of Court: Access local court records and information (replace with specific county if needed).
  • www.hillsclerk.com (Example for Hillsborough)

While these resources provide legal text and general information, they cannot substitute for personalized legal advice regarding the specific facts of your case.

Contact Us Immediately for a Free Consultation

A BATT1010 charge for Battery on a Law Enforcement Officer is a critical situation demanding immediate legal attention. Delaying can jeopardize your defense. W.F. “Casey” Ebsary Jr. is dedicated to providing aggressive, knowledgeable, and effective defense for individuals facing these serious allegations in Tampa and throughout Florida.

Call the Law Office of W.F. “Casey” Ebsary Jr. today at (813) 222-2220.

Your freedom, your reputation, and your future are on the line. Let us fight for you.

Prefer to Write? Use Our Secure Contact Form

If you prefer to reach out online or it’s outside business hours, please visit our secure contact page at https://www.centrallaw.com/contact-us/. Fill out the form with your name, contact information, and a brief description of your situation (mention BATT1010 charge). We strive to respond to all inquiries promptly. Providing details through the contact form allows us to have some background information before our initial conversation.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Contacting the Law Office of W.F. “Casey” Ebsary Jr. or using the contact form does not create an attorney-client relationship. An attorney-client relationship is only formed after signing a written retainer agreement. Please do not send confidential information until such a relationship has been established. Every case is different, and past results do not guarantee future outcomes.  

W.F. “Casey” Ebsary Jr. Tampa Criminal Defense Attorney (813) 222-2220 https://www.centrallaw.com/

2010 Original Post

Actually and intentionally touches or strikes a Law Enforcement Officer

Battery on Law Enforcement Officer

If you have been charged with BATT1010 BATTERY ON A LAW ENFORCEMENT OFFICER (BATT LEO, battery on a LEO) you can call a Tampa Criminal Defense Lawyer at (813) 222-2220.

Form Code: BATT1010
Florida Statute: 784.03.1A
Level: Fel (Felony)
Degree: 3rd
Description: BATTERY ON A LAW ENFORCEMENT OFFICER

BATT1010 BATTERY ON A LAW ENFORCEMENT OFFICER one of the most commonly charged offenses in Hillsborough County, Florida.

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.