Crimes

150 150 Steven Sessa

Worthless Check

Definition of Worthless Check Under Section 832.05(2)(a), Florida Statutes, it is a criminal offense for any person, firm, or corporation to obtain any services, goods, or other things of value by means of a check, draft, or other written order knowing at the time of the issuance of such check that there are insufficient funds on deposit…

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150 150 Steven Sessa

Cultivation of Marijuana

Definition and Penalties: Cultivation In Florida, the growing, cultivation, or manufacture of marijuana (cannabis) is generally governed by Section 893.13(1)(a), Florida Statutes. The statute makes it “unlawful for any person to . . . manufacture . . . or possess with intent to . . . manufacture a controlled substance,” including cannabis. A person who…

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Possession With Intent to Sell

Definition and Penalties Under Section 893.13(1)(a), Florida Statutes, it is unlawful for a person “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance,” such as cannabis or cocaine. A violation of this section can be classified as a second or third degree felony, depending on the nature…

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Culpable Negligence

Definition of Culpable Negligence As defined under Florida case law and the Florida Standard Jury Instructions, “Culpable Negligence” is a course of conduct showing reckless disregard for human life, or for the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of conscious indifference…

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Leaving the Scene of an Accident (Hit and Run)

Definition of Leaving the Scene / Hit and Run In Florida, Leaving the Scene of an Accident, or “hit and run,” is defined as the failure of a driver to remain at the site of a vehicle crash and fulfill other statutory duties, when the crash at issue involves death, bodily injury, or property damage. Statutory…

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Unlicensed Practice of Healthcare Profession

Definition of Unlicensed Practice The crime of Unlicensed Practice of a Healthcare Profession is defined under Section 456.065(2)(d), Florida Statutes. Under the law, it is a felony offense for a person “to practice, attempt to practice, or offer to practice a health care profession without an active, valid Florida license [issued by the Department of…

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Written Threats

Definition of Written Threats The charge of Written Threats is defined in Section 836.10 of the Florida Statutes. The statute provides as follows: Any person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any…

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150 150 Steven Sessa

Trespass

Definition of Criminal Trespass The crime of trespass is defined under Sections 810.08 and 810.09 of the Florida Statutes. There are two types of criminal trespass under Florida law: (1) Trespass in Structure or Conveyance, and (2) Trespass on Property Other Than Structure or Conveyance. (1) Trespass in Structure or Conveyance– a Trespass in Structure…

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Possession of Marijuana

Definition of Possession Under Florida law, possession of a controlled substance, such as marijuana, is defined as the ability to exercise the right of ownership, management, or control over the thing possessed. Possession may be “actual” or “constructive” in nature. See Section 893.13(6), Florida Statutes. Actual Possession means that the cannabis is in the hand…

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150 150 Steven Sessa

Carrying a Concealed Weapon

Definition of Carrying a Concealed Firearm The crime of carrying a concealed firearm is defined in Section 790.01(2), Florida Statutes. The law provides that “a person who carries a concealed firearm on or about his person commits a felony of the third degree.” Required Proof To prove the offense at trial, the State must establish…

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