Crimes

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Simple Assault

Definition of Simple Assault The definition of simple assault (misdemeanor) is contained in Section 784.011, Florida Statutes.  Under the law, an assault occurs when a person, by word or act, makes an intentional threat to commit violence towards another person, has the apparent ability to carry out the threat, and does some act which creates…

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Fleeing and Eluding

Definition of Fleeing and Eluding The offense of “Fleeing and Eluding” is defined under Section 316.1935, Florida Statutes. Under the law, it is a criminal act for a driver, having knowledge that he or she has been lawfully ordered to stop his or her vehicle by a law enforcement officer, to willfully to refuse to…

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Welfare Fraud

Definition of Welfare Fraud In Florida, “welfare fraud” is a generic term to describe a broad range of fraudulent conduct aimed at illegally receiving, retaining, misappropriating, seeking, or using state and federal public assistance, services, or benefits. As outlined in Section 414.39, Florida Statutes, welfare fraud can take a variety of forms, each with its…

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Criminal Mischief (Vandalism)

Definition of Criminal Mischief Under Section 806.13, Florida Statutes, criminal mischief is defined as the willful and and malicious causing of injury or damage, by any means, to any real or personal property belonging to another person. Under the statute and applicable case law, injury or damage to property can include acts of graffiti, vandalism,…

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Introduction of Contraband Into a Detention Facility

Definition of Contraband The offense of Introducing Contraband into a Detention Facility is defined under Section 951.22, Florida Statutes. Under the law, the term ‘contraband’ encompasses a wide variety of prohibited items, including: Unauthorized currency or coin; Prohibited food or clothing; Unauthorized written or recorded communications; Intoxicating beverages; Narcotic, hypnotic, or excitative drugs; Other drugs,…

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Possession of Cocaine

Definition and Penalties Under Florida law, Cocaine is considered a “Schedule 2” controlled substance. Under Section 893.13(6)(a), Florida Statutes, a person found to be in “actual” or “constructive possession” of cocaine commits a third degree felony, punishable by up to five (5) years in prison or five years of probation, and a $5,000 fine. A…

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Giving False Information to Law Enforcement

Definition of Giving False Information Under Section 837.05, Florida Statutes, it is a criminal offense for a person to knowingly give to a law enforcement or police officer false information regarding the commission of a crime. This offense is commonly confused with False Report of a Crime, which applies where the reported crime did not…

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Possession of Burglary Tools

Definition of Burglary Tools Possession Under Section 810.06, Florida Statutes, it is unlawful for a person have in his or her possession any tool, machine, or implement with intent to use the tools, machines, or implements (or allow others to use them) to commit a burglary or a trespass. Required Proof To prove the crime…

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Child Neglect

Definition of Child Neglect The offense of child neglect is defined under Section 827.03, Florida Statutes. Under the law, “neglect of child” means “[a] caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health,” including, but not limited to: Food and nutrition;…

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Expired Tag or Registration

Definition and Penalties for Expired Tag Under Section 320.07(3)(c), Florida Statutes, any person whose motor vehicle tag or registration has been expired for more than six (6) months commits a second degree misdemeanor (punishable by up to 60 days jail), if it is the registrant’s second such violation. Under the current statute, a failure to…

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