Florida Man Sentenced for Crime Spree
A 29-year-old man who robbed a convenience store, a gas station, carjacked a vehicle, and led federal agents and local authorities on a high-speed chase may spend the next forty years in prison.
During these robberies, officials say the defendant held victims at gunpoint. On January 19, 2022, he went back to the gas station he had robbed and carjacked a man sitting inside a truck outside. While he was driving away, authorities say he brandished his firearm at others who tried to stop him and help the victim.
Then, during an 11-mile chase at speeds which exceeded 100mph, the defendant nearly crashed into a truck, drove through red lights and into oncoming traffic, and fired shots at pursuing officers.
“One of our federal agents maintained a close pursuit despite the barrage of gunfire and heavy I-4 traffic,” stated ATF Special Agent in Charge Kirk Howard. “As the approximately 12-mile chase entered a relatively low-density area, the agent made a calculated decision to discharge his firearm through his windshield to protect the public from the reckless spree. Those shots wounded the defendant twice in the lower back, and, more importantly, provided the necessary time and space for Lakeland police officers, ATF task force officers and the Hillsborough County Sheriff’s Office to converge on the offender’s vehicle, apprehend him, and immediately administer first aid.”
Resolving Criminal Cases
Serious felonies, like the ones in the above story, usually have a history. Generally, these defendants have substance abuse problems, undiagnosed brain injuries, or other issues which cause them to behave erratically.
Occasionally, these matters are legal defenses for a Tampa criminal defense lawyer. If the issue is bad enough, and totally involuntary, mental state could be an issue. Furthermore, voluntary intoxication is a defense to murder, aggravated assault, and other specific intent crimes. Scientifically, intoxicated people cannot form double intent, like the intent to hit someone and the intent to seriously injure someone. Alcohol impairs their brains.
If that’s true, and the case is in federal court, a Tampa criminal defense lawyer can often engineer a plea to misprision of a felony, which is a lesser included offense of drug trafficking, murder, aggravated assault, fraud, and all other felonies. Basically, misprision of a felony is a failure to report a felony. It’s typically used against witnesses who obstruct justice, but it could also apply to people who rob convenience stores and don’t immediately turn themselves in.
This loophole is very good news for criminal defendants who have immigration issues. Misprision of a felony is not an aggravated felony and therefore doesn’t trigger mandatory deportation proceedings.
More often, however, mental and other issues are mitigating circumstances during sentencing. If the defendant voluntarily seeks treatment for substance addiction, a brain injury, or whatever, judges and juries often take that initiative into consideration. Everyone loves a good comeback story, even if they sit in a jury box or wear a judicial robe.
People with issues often benefit more from supervised probation that includes treatment requirements than confinement in an institution where, more than likely, their issues will get worse.
Post-Trial Matters
If the court places the defendant on probation, a Tampa criminal defense lawyer typically has more work to do, such as adjustment, revocation, and early discharge proceedings.
Legally, a judge has almost absolute discretion to amend the conditions of probation at any time. These amendments could make probation more or less restrictive. Frequently, if defendants have no serious issues (as outlined below) for about half the term, the judge is willing to at least consider unsupervised probation for the rest of the term.
Adjustment reduces the chances of a technical revocation proceeding. Technical lapses include failing to report to a probation officer, leaving the jurisdiction, and failing a drug test. If the prosecutor files a motion to revoke probation, several plea bargain alternatives are available which keep the defendant out of prison.
Unfortunately, adjustment doesn’t affect the most common reason for probation termination, which is catching a new case. If the defendant completely toes the line for half the term, most judges will consider terminating probation, if that action is in the best interests of society.
Rely on a Diligent Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.
Source:
fox13news.com/news/florida-man-accused-shooting-atf-agents-while-speeding-more-than-100-mph-i-4-learns-his-fate
