Stephen G. Cobb - Florida Criminal Defense Lawyer

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Why Did You Help Start Florida Criminal Defense Legal Group, PLLC?

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. Several years ago, a colleague of mine and I were discussing the problem with what we call “big law criminal defense,” which is a very simple one: when someone is needed to fill a spot of the head lawyer in the courtroom, large law firms tend to find anyone with a law degree and a bar license and send them into the courtroom poorly prepared.… Read More

What Are Jury Instructions During Trial For Unlawful Sexual Activity With Minors?

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. The jury instructions during trial for unlawful sexual activity with minors involve 794.05 of the Florida Statutes. The state has to prove three elements, and if one were to ever look for unfair age discrimination, they will find it here. This is the government telling people who they can and cannot date. First of all, the state has to prove that the alleged victim was… Read More

What Are Jury Instructions During A Sexual Battery Trial With A Victim 12 Years Or Older But Under 18 Years By A Person In Authority?

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 more difficult, dangerous, and painful types of sexual battery to defend are those involving family members pursuant to section 794.011(8)(b) of the Florida Statutes. This particular offense does not actually have to involve actual family members. The first thing that the state must prove with this particular charge is that the alleged victim was over 12 years of age but less than… Read More

Jury Instructions For Sexual Battery Without Special Circumstances Where The Victim Is 12 Years Or Older

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. The jury instructions for sexual battery without special circumstances where the victim is 12 years or older are based upon 794.011(5) of the Florida Statutes. These instructions have fewer elements than most of the other sexual offense instructions that have been covered, and state that the state must prove three elements beyond a reasonable doubt. First, it must be proven that the alleged victim is… Read More

What Are The Jury Instructions For Sexual Battery Where The Victim Is Over 12 Years Of Age With Special Circumstances?

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 numerous jury instructions for sexual battery where the victim is over 12 years of age with special circumstances. First, the state has to prove that the alleged victim was 12 years of age or older. Secondly, the state has to prove that the defendant committed an act upon or with the alleged victim whereby the sexual organ of either the defendant or the… Read More

Jury Instructions For Sexual Battery Where The Alleged Victim Is 12 Years Of Age Or Older Involving Great Force

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. In the last section, we discussed the four elements of sexual battery where the alleged victim is 12 years of age or older involving great force. We will now go through the definitions that the judge will read to the jurors. This is something people should consider if they have a loved one who is being prosecuted for this offense. These instructions change depending upon… Read More

The Jury Instructions At Trial In A Sexual Battery 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. The jury instructions at trial in a sexual battery case where the alleged victim is over 12 years of age, yet great force has been used is governed by 794.011(3) of the Florida Statutes. The jury instructions for this type of charge are lengthier than those for a sexual battery with a victim less than 12 years of age. The beginning of the instructions that… Read More

Is It Possible To Get A Sexual Battery With A Victim Under The Age Of 12 Reduced Or Substituted For Another 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. It is possible to get a sexual battery with a victim under the age of 12 reduced or substituted for another charge through the plea bargaining process. However, sex offenses are very political in nature, and as of late, there has been a lot of attention on sex offenses generated by the Me Too movement. As a result, is it virtually impossible to get a… Read More

What Does The State Have To Prove To Convict Someone Of Sexual Battery With A Victim Less Than 12 Years Of Age?

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. Section 794.011(2) of the Florida Statutes provides that the state has to prove three basic elements in order to convict someone of capital sexual battery with a victim less than 12 years of age. First, they have to show that the complaining witness who the state will call a “victim” is less than 12 years of age. In many cases, this particular element is not… Read More

Does Possession of A Firearm Aggravate A Felony Charge in Florida?

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. A firearm aggravates any felony charge within the state of Florida. Aggravation of a felony by carrying a firearm specifically is covered by 775.087(1) and relates to the jury making what is known as a specific or special finding. The instruction states that if you find that the defendant committed one of a long list of felonies, and they are accused of carrying a firearm,… Read More