Everyone is entitled to receive justice, whether they are perfectly innocent or less so. The not guilty are entitled to acquittals, and the guilty are entitled to punishments that fit their crimes. To this end, it is important to ensure that criminal defendants are not charged with (and convicted of) more severe crimes than the actual facts dictate. A skilled Florida gun crime lawyer can help you make sure that the result of your criminal case is a just one.
One recent example of a case in which the facts didn’t support the crime was the trial of Phillip. One night in Orange County, Phillip waved a man over to his car, and, when the man approached, Phillip brandished what looked like a double-barrel shotgun. He demanded that the man give him his wallet, and the victim complied. Police caught up to Phillip later, and, when searching his car, they found the double-barrel of a shotgun. What the police did not find, however, were any other parts to a shotgun. No receiver. No stock. No firing mechanism. Just the barrel.
The accused man admitted that he robbed the victim but denied that he used a real gun in the process. The state, however, still charged Phillip with the crime of robbery with a weapon in violation of Section 812.13(2)(b) of the Florida Statutes. At the conclusion of the trial, Phillip was convicted.