Firearms Lawyer Blog

A widely reported news item about stun guns caught the eye of our West Palm Beach firearms criminal defense lawyers. According to the May 17 Daytona Beach News-Journal, two women in that city were arrested after they allegedly threatened a fast-food employee with a stun gun. Melanese Asia Reid, 20, and Katrina Bryant, 23, got into an argument with a drive-through employee at the fast-food chain Wendy’s. The altercation became physical, and Reid ended up chasing the employee around as Bryant cheered. The employee was never hit, but Reid is charged with aggravated assault with a deadly weapon, and Bryant is charged as a first-degree principal to that crime.

According to the News-Journal, Reid and Bryant went through the Wendy’s drive-through at around 10 a.m. They got into an argument with the employee at the window, who said Reid tried to slap him. He said he deflected the blow; the women said he grabbed one of their arms. Either way, the altercation inspired the women to get out of the car and come inside the restaurant with a small pink stun gun. Reid is accused of then trying to stun the employee, and Bryant is accused of encouraging her. The employee managed to avoid being hit until the manager announced that she was calling the police, causing the women to leave. The pair was found because Bryant later called the restaurant to complain about the service.

What interests our Fort Lauderdale gun crimes criminal defense attorneys is the charge the women face: aggravated assault with a deadly weapon. We are not sure this charge will stand up, because it’s not clear that a stun gun actually is a deadly weapon. In fact, Tasers are used by police officers specifically because they are not supposed to be deadly (although there is widespread debate about whether this is true). Florida law defines aggravated assault as an assault -- a threat to do violence and ability to carry it out -- with a deadly weapon, but without intent to kill. In order to convict Reid and Bryant of aggravated assault, that is, prosecutors would have to show that the pink stun gun was deadly. If they cannot do that, they may lose their trial, or be forced to drop the charge down to assault. This would mean the women would face up to 60 days in jail, rather than up to five years in prison -- a major difference.

Continue reading "Daytona Beach Women Arrested for Threatening Fast Food Employee with Stun Gun" »

As Miami firearms crimes defense attorneys, we were sorry to see a report about a Welsh immigrant family that lost its son in an apparent robbery. According to May 23’s Wales On Sunday, the Daniel family of Tampa is planning to push for changes to Florida gun laws after the death of son Michael, 19, in a burglary. The Daniel family immigrated from Aberystwyth, Wales, Britain, 17 years ago. One night in April, Michael opened his door in a gated apartment complex in the Tampa area. The person on the other side was Michael Crossno, who fatally shot Michael Daniel. Crossno had been in jail weeks before for carrying a concealed weapon without a permit, but had been released on $2,000 bail. Paul Daniel, Michael Daniel’s father, said he was upset that Crossno was free, and planned to sue the judge who set such a low bail.

Michael Daniel was watching a movie with his live-in girlfriend, Samantha, and their friend Kyle when a knock came at the door. Samantha looked through a peephole and didn’t recognize the person. Knowing that the complex had seen a series of burglaries, they decided not to answer. But the man left and returned with another man, and kept knocking. Michael loaded a shotgun he used for skeet shooting and asked Kyle to aim it, then answered the door. Crossno immediately shot him through the neck. Kyle shot at Crossno and the other man, wounding Crossno badly enough to send him to the hospital in critical condition. If found guilty on all charges, Crossno faces up to 20 years in prison. Paul Daniel told the newspaper he’d like to eliminate the “gray areas” that give judges authority to decide how much bail to require.

Our West Palm Beach gun crimes criminal defense lawyers understand that the Daniel family are victims of a terrible, senseless tragedy. Even so, we think taking away judges’ ability to use their judgment in bail matters is a bad idea. We don’t know enough facts to say whether the judge in Crossno’s concealed weapon case made a bad call, but we do know that carrying a concealed weapon without a permit is penalized by anything from probation up to five years in prison. This gives judges wide latitude, allowing them to tailor the sentence to fit the crime. Similarly, giving judges a chance to set bail allows them to use their professional judgment about whether the person is a danger to society. For example, a person with a criminal history and evidence of bad intentions is likely to get much higher bail than someone with no criminal history who simply allowed a CCW permit to expire.

Continue reading "Family Threatens Lawsuit Over Release of Man Charged With Concealed Carry Crime" »

An article about a man who used his legal firearm to stop a crime caught the eyes of our West Palm Beach firearms crimes criminal defense attorneys. According to a May 14 article in the St. Petersburg Times, Preston Taylor, 35, scared off an intended home invasion robber the day before using his legal firearm. The robber, who got away, was armed with a knife when he knocked on Taylor’s door and announced that he was going to rob the home. Despite receiving a minor stab wound to the hand, Taylor retrieved his handgun and fired several times at the invader. Tampa police are asking for help finding the suspect, described as a young-sounding black man with light eyes, about 5’8” with a thin build.

Taylor and his wife had just said goodbye to a guest about five minutes earlier when a knock came at the door. Taylor answered it, thinking the guest had returned. Instead, he saw a man dressed all in black, with a black cloth wrapped around his head, and armed with a silver kitchen knife. The man said he was going to rob Taylor. Taylor managed to shut the door on the man, but not before sustaining a knife wound to his hand. Once the door was shut, the would-be invader started breaking a window next to the door, prompting Taylor to run for his handgun. He fired several shots at the man, who fled north down an alley and got into a car. Police said the car was a black four-door Honda from the late 1990s, with a loud muffler and possibly a lowered suspension. Tampa police would welcome anonymous online tips on the suspect.

This is exactly the sort of situation that makes legal firearms a necessity. Rather than waiting untold minutes for the police, Taylor was able to take the situation in hand and protect his family because he had a firearm and understood how to use it. As Miami-Dade gun crimes criminal defense lawyers, we’re very glad law-abiding people like him still have the right to use their weapons. Florida law makes it very clear that Taylor and people like him will not be charged with a crime, thanks in part to the “castle doctrine,” now expanded thanks to the state’s “stand your ground law.” In essence, Florida residents who are the victims of home invasions like this are permitted to use deadly force if they believe they or others are endangered by the invader. There is no duty to leave the home rather than shoot, and now, there is no duty to retreat on the street.

Continue reading "Tampa Man Shoots Would-Be Home Invasion Robber Armed With Knife " »

As Miami-Dade firearms criminal defense attorneys, we were disappointed to see an article about misbehavior around firearms by two high school students. The Fort Myers News-Press reported May 7 that a 15-year-old male juvenile was detained for bringing a handgun to Fort Myers High School that week. That incident closely followed the discovery of a semi-automatic handgun on another 15-year-old at Lehigh Senior High School, named as David Abel Rodriguez. That teenager was arrested. Charges against the first teenager were pending, according to the newspaper, and officers continued to investigate the incident.

According to the newspaper, the unnamed juvenile had the gun in his duffel bag during class. He was not accused of using it inappropriately. Two other students reported the gun to the school’s assistant principal, who in turn called the Fort Myers police. School authorities immediately detained the teenager. After a search turned up the handgun, he was taken to Vista Behavioral Crisis Center, a psychiatric facility. In the earlier incident, Rodriguez was caught trespassing, the newspaper reported. When a deputy stopped him, that deputy found the semi-automatic handgun. The charges against Rodriguez were not reported, but could include trespassing as well as possession of a firearm by a minor under 18.

Our West Palm Beach gun crimes defense lawyers don’t condone this type of behavior, in part because bringing a gun to school could easily land that gun in the hands of people who don’t know how to use it properly. But we can’t help but notice that neither teen was accused of doing anything dangerous with the firearms. Rather, all of the crimes that are likely to be charged against them, aside from the possible trespassing charge, spring from their status as juveniles. A minor may not possess a true firearm in Florida unless he or she is lawfully hunting under adult supervision. (BB guns, gas and air guns and electronic weapons are an exception.) Furthermore, most people of any age are prohibited from having guns on a school campus. These are crimes that spring from the teens’ circumstances and status, not from violent actions on their part. We hope authorities take this into account when deciding their penalties.

Continue reading "Students at Fort Myers High Schools Detained for Bringing Guns to School" »

Our Miami-Dade firearms crimes criminal defense attorneys were saddened to read recently about the death of a 13-year-old boy in an apparently accidental shooting. Daniel Torres of Hollywood was killed last Wednesday by a friend, an unnamed 14-year-old neighbor boy who was playing with a loaded gun. The South Florida Sun-Sentinel reported May 3 that Torres’s stepfather, Daniel Delgado, is upset with the older boy’s family for apparently leaving the neighborhood after the incident and wants justice to take its course. Police are investigating how the boy got hold of the gun, since Florida state law requires gun owners to keep loaded firearms away from minors.

Torres stayed home from school the day of the shooting because of an injury from a bicycle accident. On that day, the 14-year-old called 911 to report that he had just accidentally shot his friend. He told the 911 operator that he and Torres had been playing with his mother’s gun, and had removed the clip and all the bullets. He was pulling the trigger to see if it was completely unloaded, he said, when Torres walked in front of him. He told the operator he thought Torres was dead at the scene. Torres was later pronounced dead at Memorial Hospital. No charges have been filed, but an investigation into whether the firearm was stored correctly is underway. The older boy and his mother have left the neighborhood since the shooting, the Sun-Sentinel said, and could not be reached for comment.

As Fort Lauderdale gun crimes criminal defense lawyers, we’re extremely sorry to hear about cases like this, because each and every one is preventable. Minors are permitted to have firearms in Florida, but the firearms must be kept unloaded at home and used only for lawful hunting purposes. Minors under 16 must be supervised by an adult. These laws are intended to make an exception for safe, conscientious and carefully controlled use of firearms by minors who have been taught to be responsible around firearms. As the article noted, the law also recognizes that not every minor is capable of responsibility around guns, which is why adults must securely lock their loaded firearms out of reach of minors. Failing to do so is a misdemeanor carrying up to 60 days in jail.

Continue reading "Stepfather of Teenager Killed in Accidental Shooting Calls for Accountability" »

As NRA referral attorneys and Miami-Dade firearms criminal defense attorneys, we were pleased to see a nod to gun rights as the Legislature comes to a close. As The Buzz blog of the St. Petersburg Times reported April 26, the amendment is one sentence on an agricultural bill, reading “However, a (firearm) licensee may not be prevented from transporting or storing a lawful firearm in a private vehicle for lawful purposes if the vehicle is otherwise lawfully present.” The NRA strongly backs the amendment, saying it would allow lawful people with concealed weapons permits to exercise their constitutional rights. The organization is fighting the Florida Chamber of Commerce, which cast the fight as an issue of private property owners’ rights.

The amendment is similar a previous Florida law that made it illegal for businesses to prohibit employees with concealed carry permits from bringing their guns to work and leaving them in a locked car in the parking lot. The Florida Chamber of Commerce opposed that bill as well, and even sued to overturn it. However, the court sided with the rights of gun owners, ruling that employers may not interfere with workers’ rights to carry a concealed weapon legally and safely. If the amendment currently before the Legislature passes, the law would extend to any private-property parking lot of a business, even if that business bans guns. In an email to supporters, the NRA noted that a father wanting to visit his son’s grave currently has to go home and put his gun away before visiting, even though the gun would stay in the car.

Our West Palm Beach gun crimes defense lawyers support this amendment. We believe strongly in the Second Amendment, and we do not believe it stops applying just because a gun owner steps onto private property. This amendment specifies that the firearm must be lawful; it must be transported or stored for lawful purposes; and the vehicle must be lawfully present. That is, nothing in this amendment can be construed to endorse illegal guns or illegal behavior by gun owners. There are numerous legitimate reasons why someone might want to carry a gun in a car, including protection as well as trips to the shooting range or hunting trips. If the amendment doesn’t pass, law-abiding gun owners who want to stop for a sandwich on the way home could be kicked out of such a business despite not doing anything wrong.

Continue reading "NRA Rallies in Favor of Legislative Amendment Allowing Motorists to Carry Guns in Cars" »

An article about a possible wrongful arrest on gun charges caught the attention of our West Palm Beach firearms criminal defense attorneys. Tampa’s News Channel 8 reported April 9 that Mark Anthony Rattenni of Palm Harbor was arrested by Pinellas County sheriff’s deputies April 7 for possession of a firearm by a convicted felon. However, Rattenni says he doesn’t have a felony conviction for the crimes in question, assault and forgery charges that were prosecuted in Yonkers, N.Y. New York prosecutors back up that claim, saying Rattenni pleaded guilty to lesser crimes that were misdemeanors.

The trouble for Rattenni started when he was visited by the Secret Service for questioning about possible threats to the president. The Secret Service would not disclose whether it discovered anything relevant to that case during the questioning. However, officers did notice that Rattenni had a handgun in his apartment. Based on the belief that he had been convicted of felony assault and forgery in New York, they had Pinellas County deputies arrest him. However, Rattenni pointed out, he has a valid concealed weapons permit in Florida, something he shouldn’t have been able to get if he had been convicted on a felony assault charge. The chief assistant State’s Attorney for Pinellas County, Bruce Bartlett, said he looked into it after a reporter called and discovered that Rattenni was probably right, although his office was awaiting confirmation from New York.

As Miami gun crimes criminal defense lawyers, we wonder how many Rattennis are out there who don’t happen to have press coverage. Everyone makes mistakes now and then, but a mistake that keeps an innocent man in jail for nearly a week is very serious. As he pointed out in the article, just being arrested was enough to keep him out of work for several days, which will hurt his income and possibly his standing at work. Possession of a firearm by a convicted felon in Florida is a second-degree felony itself, which means Rattenni could have been looking at up to 15 years in jail if convicted. And all of this stems from an investigation that apparently didn’t lead to an arrest. Like many NRA members, we support restrictions on gun ownership for people convicted of violent felonies -- but only those who were actually convicted, not just charged.

Continue reading "Florida Man May Have Been Wrongly Arrested for Felon in Possession of a Firearm" »

As Fort Lauderdale firearms criminal defense attorneys, we were amused to see a recent item about a foiled burglary attempt in DeLand. The Daytona Beach News-Journal reported April 13 that Daven Woulard, 26, caught a burglar in his basement as he arrived home on April 12. He pulled his revolver, for which he has a concealed weapons permit, and succeeded in forcing the burglar to lie down on the ground and wait for the police to arrive. The invader turned out to be Jarrett Holloman, 16, who was taken to the Volusia Regional Detention Center and charged with burglary.

Woulard was driving home at about 9:25 in the morning when he noticed a pair of legs sticking out of his own back window. Rather than call the police, he took out his legally owned revolver and entered his home through the front. When he found Holloman, he asked the juvenile to get out of the house. Holloman left through the window but refused to lie down on the ground as Woulard asked. Woulard fired one bullet into the ground and told Holloman he would shoot if Holloman did not obey. Woulard then walked Holloman to the driveway, where he had Holloman lie down and wait for the police to arrive. It was not clear who called the police.

Our Miami-Dade gun crimes criminal defense lawyers are pleased to see that Woulard is being hailed as a quick thinker, rather than being charged with a crime. Incredibly, this is a possibility even in Florida. Inside the home, Woulard would likely be protected by the “stand your ground” law, which allows Floridians to use deadly force against intruders who are “unlawfully” or “forcibly” entering the home, regardless of whether they pose a threat. But the use of the “stand your ground” law outside the home is controversial and not settled. Outside, where Woulard was when he fired, you can use force in self-defense only if you reasonably believe the force is necessary to protect you or another from imminent use of unlawful force. In this case, that would mean Woulard would have had to show that he believed he was physically threatened by Holloman. Depending on the circumstances, this could be harder to prove.

Continue reading "DeLand Man Catches Burglar and Uses Legal Concealed Weapon to Stop Him" »

Our Miami firearms criminal defense attorneys were interested to read about the charges facing a suspect in a bank robbery in Fort Myers. According to the Fort Myers News-Press, police are looking for Ronald Reese, 51, who is suspected of robbing First Community Bank of Southwest Florida on April 5. At about 10:50 a.m. that day, the police received reports that an unidentified white male walked into the bank and handed the teller a note demanding money. He implied that he had a gun, but didn’t actually show it. After receiving the money, he fled the scene on foot. No bank employees or customers were hurt.

It was not clear how police identified Reese as the robber, but the newspaper said charges of grand theft and armed robbery are pending against him. This interests us greatly, as West Palm Beach gun crimes criminal defense lawyers, because it’s not at all clear that the perpetrator would be responsible for armed robbery. Some states have allowed defendants to be charged with firearms crimes if they use toy guns, simulate a gun in some other way or directly lie about having a gun. But it’s not clear whether Florida prosecutors can reasonably bring firearms charges against someone who merely implies the presence of a gun. Such a person might be able to raise a partial legal defense by arguing for the charges to be dropped. Robbery with a firearm is a life felony in Florida. By contrast, “unarmed” robbery is a second-degree felony carrying up to 15 years in prison. That means the distinction between armed and unarmed matters very much.

If the perpetrator actually possessed a firearm during the robbery, he would also trigger a very serious provision of Florida law called the 10/20/life provision. This law requires mandatory minimum prison time for people who commit certain crimes, including robbery. For the provision to be triggered, the defendant must actually possess the firearm, as opposed to having one in a closet at home or having a buddy nearby who has one. If that condition is met, the defendant must serve every day of a 10-year minimum sentence before he or she is eligible for release. If the firearm is discharged during the crime, the defendant serves a mandatory minimum of 20 years. It’s a mandatory minimum life sentence if someone is injured. No matter what the circumstances, judges may not reduce these. This is another reason why it would be vital for the suspect to prove that he didn’t have a firearm (if indeed he didn’t).

Continue reading "Suspect Charged With Armed Robbery Despite Never Showing a Gun" »

Our West Palm Beach firearms crimes defense attorneys were saddened by the news that a two-year-old girl was injured by an unattended gun. The Tampa Tribune reported March 26 that Ralph Ronzino, 22, is charged with child neglect by culpable negligence for leaving his handgun within reach of his girlfriend’s daughter. Mckenzie Smith, 2, sustained a gunshot wound to her abdomen and was hospitalized in critical but stable condition as of March 26. Ronzino also faces charges related to a search of the home, which turned up several other firearms “easily accessible to the child” as well as 202 grams of marijuana. Neither Ronzino nor Mckenzie’s mother, 22-year-old Jessica Smith, have extensive criminal histories.

The Pasco County Sheriff’s Office said Ronzino said he took out the .380-caliber handgun because he heard a shot fired in the night. After finding nothing unusual outside, he put the gun on the nightstand and went back to sleep. Around 10:35 a.m. on March 26, Mckenzie apparently found the gun and shot herself in the abdomen. Ronzino was out shopping, but Smith was home. After the incident, a police search turned up two other handguns and an AK-47, all of which were confiscated along with the marijuana. Ronzino faces charges of child neglect by culpable negligence, a second-degree felony carrying up to 15 years in prison. He is separately charged with possession of marijuana with the intent to sell. Bail was set at $55,000, and Ronzino has been ordered to stay away from Mckenzie and not to possess any other firearms.

As responsible gun owners and Miami gun crimes defense lawyers, we’d like to remind Floridians that two different statutes specifically require gun owners to keep loaded weapons out of the reach of minors under 16. If a minor gets hold of such a weapon and possesses or exhibits it publicly, the responsible person can be charged with a misdemeanor. If the minor uses the weapon to inflict injury or death on anyone, including himself or herself, the responsible person can be charged with a third-degree felony for culpable negligence. Interestingly, Ronzino is charged with a more serious second-degree felony under a Florida child neglect statute that doesn’t mention firearms. If we were representing Ronzino, we’d be interested to know why he is being charged with the more serious crime of child neglect, given that the culpable negligence statute seems to describe the situation better.

Continue reading "Tampa Man Charged With Negligence in Toddler’s Injury From Unattended Gun" »

As Fort Lauderdale firearms criminal defense attorneys, we were disturbed to read last year that some couples looking to adopt a child in Florida had been asked whether they had guns in their homes. So we were pleased to see that the Legislature quickly put an end to the issue last week by approving a bill banning such questions. The Palm Beach Post reported March 19 that the measure passed the Florida House unanimously and got all but two votes in the Florida Senate. The measure’s author said it bars adoption agencies for making gun ownership a condition of adopting or from requiring prospective parents to answer questions about it. All applicants to adopt will also receive a copy of state laws concerning safe storage of firearms.

The NRA-backed bill grew out of a 2009 controversy involving a private adoption agency contracted to the Florida Department of Children and Families. That agency used a form that included a question about the couple’s gun ownership. At least one couple went to a state legislator to complain that the question violated their Second Amendment rights. More specifically, the question raised concerns in some circles that the question could be used to create a “gun registry,” which is forbidden by Florida law. The agency stopped using the form after DCF explained this concern, and state officials said they didn’t know of anyone being denied a chance to adopt because of gun ownership. Nonetheless, the bill’s Senate sponsor said it may prevent couples from adopting overseas rather than submitting to Florida’s adoption questions.

We applaud any measure that helps get more children into loving homes. And as Miami gun crimes defense attorneys, we particularly applaud this bill for erasing any lingering prejudice against gun owners. Questions to prospective parents about their firearms ownership imply that the asker thinks owning a gun raises concerns about their fitness as parents. In fact, guns are not the problem -- responsibility around guns is the problem. Millions of Americans have grown up safely, and are still growing up safely, in homes with guns. Children are only in great danger in the homes of people who use or store guns irresponsibly. Furthermore, we’re pleased to see that this bill heads off any hint of a “gun registry,” something that could lead to government theft of law-abiding citizens’ guns and eventually, tyranny.

Continue reading "Legislature Passes Measure Banning Questions About Guns for Adoptive Parents" »

The Miami-Dade DUI defense attorneys at Balliro are proud to announce that we are a sponsor of the annual Swamp Stomp Miami. Held on Virginia Key, the concert is an eclectic collection of some of South Florida's finest bands. Just like with our previous concert sponsorship, we believe it's important for concert-goers to have a great time -- but avoid drinking and driving.