Stephen G. Cobb - Florida Criminal Defense Lawyer

Blog Page 11


What Is Your Experience In Handling Murder Or Manslaughter Cases?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. My experience with defending murder, homicide, manslaughter crimes has changed significant over the years. When I first started practicing, July the 2nd of 1990, there was no such rule for capital cases such as rule 3.112 of the Florida Rules of Criminal Procedure. That rule sets forth minimum standards for death penalty cases and what was shocking when I first read it is that every… Read More

Plea Offers For First Offenders

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. When it comes to first offenders, they are probably the most likely to be manipulated by the government in the handling of their criminal case. We have called law enforcement officers and corrections officers in jails and in some counties, even pre-trial release personnel who have been giving people legal advice. Giving people legal advice when one is not a lawyer is what is known… Read More

Is It Possible For An Attorney To Stop Charges From Being Filed?

The only time an attorney can absolutely stop charges from being filed is when they do one of several things that affects the collection and preservation of evidence. For example, someone may be tempted to make their case better by talking to the police yet because they are not skilled at giving interrogation interviews, they could say something that could be interpreted to mean something that was not intended. This can be disastrous if later on it has to be corrected by in court, in trial testimony because that exposes the criminal defense client to a great deal of risk.… Read More

Why Is It Important To Retain An Attorney For Pre-Filing And Filing Decisions?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. One of the biggest mistakes people make is waiting until the last moment to hire a skilled criminal defense attorney. They wait until close to their court date quite often in order to research the law and research lawyers. However, this deprives skilled legal counsel with important time upfront to do some immediate damage control. For example, everybody is familiar with the concept of plea… Read More

What Are The Sentencing Guidelines For Assault And Battery Cases?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. With charges that are second degree misdemeanors like assault the maximum penalty is 60 days in jail and the maximum probationary period is 6 months of reporting probation. A sentence like that can also be a mixed sentence, in that someone can get, for example, 6 months of probation with a special condition of 10, 20 or 30 days in jail. With a misdemeanor battery… Read More

What Are The Potential Defenses In Assault And Battery Cases?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. There are several different defenses in assault and battery cases. The first thing that needs to be done is to have a proper strategy. When it comes to the proper strategy for the defense of an assault or a battery case, in my opinion based on a lot of experience, the single most important strategy that a person should engage in immediately is to find… Read More

What Items Can Be Considered As Deadly Weapons In An Assault Scenario?

Deadly Weapon Designation During an Assault I get this question a lot about what items are a deadly weapon and what items are not. When you look at the case law on a case by case basis, you end up with a laundry list of all these different items that are considered a deadly weapon and a smaller group that is not considered a deadly weapon. It’s to the point where I think that a better question might be what is not a deadly weapon. I’ve seen case law in aggravated battery cases where somebody’s steel toed boots were considered… Read More

What Factors Can Enhance Or Aggravate An Assault Charge?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. Florida assault and battery law is very broad. There are many ways that a charge can be aggravated and I’ll list a few of the common ones. First of all, there are statutory aggravating factors. Statutory aggravating factors are very easy to find with a quick Google search and this is what most unrepresented people focus on. Then there are aggravating factors under the case… Read More

Is It Advisable To Seek Pre-Trial Counseling In A Domestic Violence Case?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. We find a lot of different types of cases where people want to immediately take corrective action in order to lessen the consequence as well as redirect inappropriate behavior. In drug cases we find people that want to admit themselves into inpatient rehab facilities, in DUI cases we run into the same scenario and with domestic violence cases we have situations where people want to… Read More

Does There Have To Be Substantial Injury In Order For Domestic Violence Charges To Be Made?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments. Not at all. There is no injury requirement, in part because of the very nature of the definition of misdemeanor assault and the definition of misdemeanor or simple battery. Here is what they are, with a simple battery or a misdemeanor battery, the elements of the charge are that there is An intentional touching that is Harmful or offensive A classic example of this is… Read More