Q: How can the state add a charge that wasn’t in the police report? It was a petty theft. They added Robbery With a Weapon after his first appearance. He had a pocket knife… Scroll down to read more!
Q: How can the state add a charge that wasn’t in the police report? It was a petty theft. They added Robbery With a Weapon after his first appearance. He had a pocket knife on him (that never left his pocket) and also had aggravated assault even though he never touched the guy that came after him. The police report doesn’t mention him pulling the weapon either, just that the guy saw the clip on his pocket.
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/how-can-the-state-add-a-charge-that-wasn-t-in-the–1329333.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
6 lawyers agreed with this answer
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FLMichael Lee Weimorts
Criminal Defense Attorney – Destin, FLJames Regan
Violent Crime Lawyer – Fort Pierce, FLGeorge C. Mangrum
Criminal Defense Attorney – Orlando, FLMichael Lawrence Doyle
Criminal Defense Attorney – Philadelphia, PAJohn Michael Phillips
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2) The difference between a theft and a robbery is that in the former there is a “taking” and in the latter the taking is accomplished by use of force or fear of force.
3) Use of a weapon, any weapon, bumps a theft to a robbery to an armed robbery.
4) Assault means putting in fear of being touched. Battery means being struck against one’s will. Not touching the victim but threatening to touch the victim is assault (in fact if a weapon is involved it is an aggravated assault).
5) Different people experience events differently. (For example, both Travon Martin’s and George Zimmerman’s mothers identified their own sons voice on the same tape – they can’t both be right but they swore under oath to as much anyhow.) The victim apparently believe s/he was in fear, that her/his property was taken by force or threat of force an that “he” is the person who pulled the knife and committed the offenses.
6) The victim must have told the State Attorney a different story than that which is contained in the arrest report for the State to have filed significantly more serious charges, but this can and does (and apparently did) happen.
7) A competent criminal defense attorney will investigate the facts and circumstances of the case and, if need be, will seek to impeach the victim’s testimony as having changed (for whatever reason / motive) from the time of the incident to the time of the State Attorney’s interview. There is a lot of fertile ground to cover there, and those of us who practice in this area of the law relish such opportunities.
“He” needs a Pensacola criminal defense attorney asap. You can try to locate one here, or, although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please seehttp://www.facdl.org/ – and click on the “Find A Lawyer” tab).
Either way, best of luck!
Michael A. Haber
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