Aggressive Representation

Criminal Defense

At HAWM LAW, we are here to assist clients facing criminal charges in either the Federal or State court systems. Our criminal defense attorneys have considerable trial experience throughout the State of Florida and are nationally recognized for the advocacy skills.

Our criminal defense attorneys have provided representation or legal analysis on some of Central Florida’s most high-profile criminal cases. We are committed to providing effective and strategic representation to every client we serve.

We pride ourselves on the attention we give our clients by providing clear, concise, and prompt responses. We offer skillful legal representation as we guide you through the complex criminal legal system.

At HAWM Law, each criminal defense consultation is free and confidential. We offer quality legal service at reasonable prices and flexible payment options.

Our Goals in Your Criminal Defense

HAWM Criminal Defense Areas

Assault is a second degree misdemeanor and is punishable up to 60 days in jail, 6 months of probation and/or a $500 fine.

To prove the crime of Assault, the State must prove:

  1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
  2. At the time, defendant appeared to have the ability to carry out the threat.
  3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.

Aggravated Assault is a third degree felony and is punishable up to 5 years prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Aggravated Assault, the State must prove the assault was:

  • was made with a deadly weapon or
  • was made with a fully-formed, conscious intent to commit a felony.

Battery is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Battery, the State must prove:

  1. Defendant intentionally touched or struck victim against his or her will.
  2. Defendant intentionally caused bodily harm to victim.

Aggravated Battery is a second degree felony and is punishable up to 10 years prison, 10 years of probation and/or a $10,000 fine.

To prove the crime of Aggravated Battery, the State must prove that in committing the battery, the defendant:

  • intentionally or knowingly caused great bodily harm, permanent disability or permanents disfigurement or

used a deadly weapon.

To prove the crime of Burglary, the State must prove:

  1. Defendant entered a structure or conveyance owned by or in the possession of victim.
  2. At the time of entering the structure or conveyance, defendant had the intent to commit a felony.

To prove the crime of Possession of Burglary Tools, the State must prove:

  1. Defendant intended to commit a burglary or trespass.
  2. Defendant had in his or her possession a tool, machine or implement that he or she intended to use, or allow to be used, in the commission of the burglary or trespass.
  3. Defendant did some overt act toward the commission of a burglary or trespass.

To prove the crime of Trespass in a Structure or Conveyance, the State must prove:

  1. Defendant willfully entered or remained in a structure or conveyance.
  2. The structure or conveyance was in the lawful possession of victim.
  3. Defendant’s entering or remaining in the structure or conveyance was without authorization, license, or invitation by victim or any other person authorized to give that permission.

OR

  1. Defendant had been authorized, licensed, or invited to enter or remain in a structure or conveyance.
  2. The owner, the lessee or a person authorized by the owner or lessee of the premises warned defendant to depart.
  3. Defendant refused to depart.

Child Abuse is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Child Abuse, the State must prove the following two elements beyond a reasonable doubt:

  1. Defendant knowingly or willfully:
    1. intentionally inflicted physical or mental injury upon victim.
    2. committed an intentional act that could reasonably be expected to result in physical or mental injury to victim.
    3. actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or menatl injury to victim.
  2. Victim was under the age of 18 years.

Aggravated Child Abuse is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine. 

To prove the crime of Aggravated Child Abuse, the State must prove:

  1. Defendant
    1. committed aggravated battery upon victim
    2. willfully tortured victim
    3. maliciously punished victim
    4. willfully and unlawfully caged victim or
    5. knowingly or willfully committed child abuse upon victim and in so doing caused great bodily harm, permanent disability, or permanent disfigurement to victim.

Victim was under the age of 18 years.

Domestic Violence charges can subject the defendant to enhanced penalties.  Domestic Violence occurs when the offense is between people in a dating relationship or family or household members.

Dating relationship means a continuing and significant relationship of a romantic or intimate nature.

Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.  With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

It is a crime to cannabis (commonly known as marijuana) in Florida.  Depending on the amount, you can be charged with either a misdemeanor or a felony Possession of Cannabis.

  • Possession of less than 20 grams is a First Degree Misdemeanor
  • Possession of more than 20 grams is a Third Degree Felony
  • If convicted of with misdemeanor or felony possession of cannabis, your driver’s license will be suspended for two years

If charged with Possession of a Controlled Substance, you face up to five years and prison and if convicted, your driver’s license will be suspended for two years.

To prove the crime of Trafficking in Cocaine, the State must prove:

  1. Defendant knowingly sold, purchased, manufactured, delivered, brought into Florida or possessed a certain substance.
  2. The substance was cocaine or a mixture containing cocaine.
  3. The cocaine or mixture containing cocaine weighed 28 grams or more.

If convicted of Trafficking in 28 grams or more, but less than 200 grams, of Cocaine, defendant faces up to thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 36 months in prison and a $50,000 fine.

If convicted of Trafficking in 200 grams or more, but less than 400 grams, of Cocaine, defendant faces up to  thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 7 years in prison and a $100,000 fine.

If convicted of Trafficking in 400 grams or more, but less than 150 kilograms, of Cocaine, defendant faces up to thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 15 years in prison and a $250,000 fine.

To prove the crime of First Degree Premeditated Murder, the State must prove:
  1. Victim is dead.
  2. The death was caused by the criminal act of defendant.
  3. There was a premeditated killing of victim.
To prove the crime of First Degree Felony Murder, the State must prove:
  1. Victim is dead.
  2. The death occurred as a consequence of and while defendant was engaged in, attempting to commit or escaping from the scene of a felony
To prove the crime of Second Degree Murder, the State must prove:
  1. Victim is dead.
  2. The death was caused by the criminal act of defendant.
  3. There was an unlawful killing of victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.
Manslaughter is a second degree felony and is punishable up to 15 years prison, 15 years of probation and/or a $10,000 fine. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:
  1. Victim is dead.
  2. Death was caused by
    1. Intentional act(s)
    2. Procurement or
    3. Culpable Negligence.
To prove the crime of Driving under the Influence Manslaughter, the State must prove:
  1. Defendant drove or was in actual physical control of a vehicle.
  2. While driving or in actual physical control of the vehicle, defendant was under the influence of drugs or alcohol to the extent that his or her normal faculties were impaired OR had a blood or breath alcohol level of .08.
As a result of operating the vehicle, defendant caused or contributed to the cause of the death of victim.

Kidnapping is first degree felony and is punishable up to life in prison, life of probation and/or a $10,000 fine.

To prove the crime of Kidnapping, the State must prove:

  1. Defendant forcibly, secretly or by threat confined abducted or imprisoned victim against his or her will.
  2. Defendant had no lawful authority.
  3. Defendant acted with intent to:
    1. hold for ransom or reward or as a shield or hostage
    2. commit or facilitate commission of (applicable felony)
    3. inflict bodily harm upon or to terrorize the victim or another person or
    4. interfere with the performance of any governmental or political function.

False Imprisonment is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of False Imprisonment, the State must prove:

  1. Defendant forcibly, secretly or by threat confined abducted or imprisoned victim against his or her will.
  2. Defendant had no lawful authority.

Resisting Officer Without Violence is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Resisting Officer Without Violence, the State must prove:

  1. Defendant resisted, obstructed or opposed victim.
  2. At the time, victim was engaged in the execution of legal process or lawful execution of a legal duty.
  3. At the time, victim was an officer or a person legally authorized to execute process.
  4. At the time, defendant knew victim was an officer or a person legally authorized to execute process.

Resisting Officer With Violence is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Resisting Officer with Violence, the State must prove:

  1. Defendant knowingly and willfully resisted, obstructed or opposed victim by offering to do or doing violence to him or her.
  2. At the time, victim was engaged in the execution of legal process or lawful execution of a legal duty.
  3. At the time, victim was an officer or a person legally authorized to execute process.
  4. At the time, Defendant knew victim was an officer or a person legally authorized to execute process.

To prove the crime of Tampering with or Fabricating Physical Evidence, the State must prove:

  1. Defendant knew that a criminal trial or proceeding or an investigation by a duly constituted authority of this state was pending or about to be instituted
  2. Defendant altered, destroyed, concealed or removed any item alleged with the purpose to impair its verity or availability in the proceeding OR made, presented or used any item alleged, knowing it to be false.

Robbery is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine. 

To prove the crime of Robbery, the State must prove:

  1. Defendant took the money or property described in charge from the person or custody of victim.
  2. Force, violence, assault, or putting in fear was used in the course of the taking.
  3. The property taken was of some value.
  4. The taking was with the intent to permanently or temporarily deprive victim of his or her right to the property or any benefit from it OR appropriate the property of victim to his or her own use or to the use of any person not entitled to it.

Robbery by Sudden Snatching is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Robbery by Sudden Snatching, the State must prove:

  1. Defendant took the money or property described in charge from the person of victim.
  2. The property taken was of some value.
  3. The taking was with the intent to permanently or temporarily deprive victim or the owner of his or her right to the property.
  4. In the course of the taking, victim was or became aware of the taking.

Having a criminal record can be a setback when looking for a job, applying for credit, renting a home or apartment, or otherwise being the subject of a personal background check. Even having an arrest record can prevent an otherwise qualified and capable person from attaining a position of full equality in society. In Florida, a criminal history record is created whenever a person is arrested and fingerprinted. The record is public and remains so whether the case ends in conviction, acquittal, a dismissal of charges before, during or after a trial, or any other disposition. That means that many people who have been arrested but are not, in fact, criminals, still carry the stigma of an arrest record – one that can be accessed by any potential employer, financial institution, landlord, or any other member of the public.

Sealing

If you pled guilty, or no contest, to the charges for which you were arrested, or were found guilty after a trial, but adjudication was withheld (you were not convicted), and you have completed any court ordered probation, the reimbursement of any court costs, and/or any restitution ordered by a judge, the case may be eligible for sealing.

Expunction

If your case was dismissed or dropped, you may be eligible to have your case expunged. Also, you can apply for an expunction of a record that was initially ruled ineligible – because, for example, you did go to trial, but were found not guilty – but only after the record has been sealed for at least 10 years.

Bond/Bail

If you or a loved one is in jail because there is no bond on the case or you need the bond amount reduced, contact HAWM Law to discuss options for filing a bond motion.

Sexual Battery (commonly known as rape) is nonconsensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.  A person convicted of sexual battery faces life in prison and is subject to civil consequences including sex offender registration.

Theft can be a felony or misdemeanor.  Petit Theft occurs when property is worth under $300; Grand Theft occurs when property is worth over $300.

To prove the crime of Theft, the State must prove:

  1. Defendant knowingly and unlawfully obtained/used or endeavored to obtain/use the property of victim.
  2. He or she did so with intent to, either temporarily or permanently,
    1. Deprive victim of his or her right to the property or
    2. Appropriate the property of victim to his or her own use or to the use of any person not entitled to it.

To prove the crime of Dealing in Stolen Property (Fencing), the State must prove the following two elements beyond a reasonable doubt:

  1. Defendant trafficked in or endeavored to traffic in property alleged.

Defendant knew or should have known that property alleged was stolen.

To prove the crime of Driving under the Influence, the State must prove:

  1. Defendant drove or was in actual physical control of a vehicle.
  2. While driving or in actual physical control of the vehicle, defendant was under the influence of drugs or alcohol to the extent that his or her normal faculties were impaired OR had a blood or breath alcohol level of .08.

To prove the crime of Reckless Driving, the State must prove:

  1. Defendant drove a vehicle in Florida.
  2. He or she did so with a willful or wanton disregard for the safety of persons or property.

Racing is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.  There is a mandatory 1 year driver’s license suspension and a minimum $500 fine if convicted of racing.

To prove the crime of Racing on a Highway, the State must prove:

Defendant drove a motor vehicle in, participated, coordinated, facilitated or collected monies at the location of, knowingly rode as a passenger in or purposefully caused moving traffic to slow or stop for a race on a highway, road or parking lot.

Fleeing to Elude a Law Enforcement Officer is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove:

  1. Defendant was operating a vehicle upon a street or highway in Florida.
  2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.
  3. Defendant, knowing he or she had been ordered to stop by a duly authorized law enforcement officer,
    1. willfully refused or failed to stop the vehicle in compliance with the order or
    2. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.

 

To prove the crime of No Valid Driver’s License, the State must prove:

  1. Defendant drove a motor vehicle upon a highway in this state.
  2. At the time, he or she did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.

To prove the crime of Driving While License or Driving Privilege is Suspended, Revoked or Canceled the State must prove the following three elements beyond a reasonable doubt:

  1. Defendant drove a motor vehicle upon a highway in this state.
  2. At the time, his or her license was suspended, revoked or canceled.

At the time defendant drove a motor vehicle upon a highway in this state, defendant knew that his or her license was suspended, revoked or canceled.

Probation is a form of sentencing that is ordered by the court in lieu of jail time and other penalties. It often includes conditions as a requirement for completion.

If you violate the terms of probation or are arrested for another criminal offense, you can be charged with probation violation. A hearing will then be held to determine the status of your probation. The judge can decide to dismiss the violations, set new conditions to your existing probation, increase the amount of time you must remain on probation or sentence you to incarceration for the violation.  It is important to hire an attorney as soon as you are made aware of any pending violations of probation.

Early Termination of Probation

If you are on probation and are interested in an early termination, contact HAWM Law to discuss options.

If you have a warrant out for your arrest, you will need an aggressive criminal defense lawyer to protect your rights and freedom. An arrest warrant on a criminal charge can lead to incarceration while charges are pending Immediately after finding out about having a warrant out for your arrest, or being arrested, you should contact HAWM Law.

A capias warrant filed against you places you at risk of spending time in jail, even for a minor infraction such as failing to appear for a hearing or paying a fine.  At times, there are motions that can be filed to get the capias quashed or removed so that you don’t spend unnecessary time in jail.

Carrying a Concealed Firearm is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Carrying a Concealed Firearm the State must prove:

  1. Defendant knowingly carried on or about his or her person a firearm.
  2. The weapon was concealed from the ordinary sight of another person.

Improper Exhibition of a Weapon is a first degree misdemeanor and is punishable up to 1 year in jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Improper Exhibition of a Weapon, the State must prove:

  1. Defendant had or carried weapon.
  2. Defendant exhibited weapon in a rude, careless, angry, or threatening manner.
  3. He or she did so in the presence of one or more persons.

Possession of a Firearm by a Convicted Felon is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine.  If convicted, there is a 3 year mandatory minimum prison sentence.

To prove the crime of Possession of a Firearm by a Convicted Felon the State must prove:

  1. Defendant had been convicted of a felony.
  2. After the conviction, defendant knowingly:
    1. Owned, had in his or her care custody or control a firearm OR
    2. Carried a concealed weapon.
  • Assault and Battery
  • Domestic Violence
  • Homicide

Assault is a second degree misdemeanor and is punishable up to 60 days in jail, 6 months of probation and/or a $500 fine.

To prove the crime of Assault, the State must prove:

  1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
  2. At the time, defendant appeared to have the ability to carry out the threat.
  3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.

Aggravated Assault is a third degree felony and is punishable up to 5 years prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Aggravated Assault, the State must prove the assault was:

  • was made with a deadly weapon or
  • was made with a fully-formed, conscious intent to commit a felony.

Battery is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Battery, the State must prove:

  1. Defendant intentionally touched or struck victim against his or her will.
  2. Defendant intentionally caused bodily harm to victim.

Aggravated Battery is a second degree felony and is punishable up to 10 years prison, 10 years of probation and/or a $10,000 fine.

To prove the crime of Aggravated Battery, the State must prove that in committing the battery, the defendant:

  • intentionally or knowingly caused great bodily harm, permanent disability or permanents disfigurement or

used a deadly weapon.

Domestic Violence charges can subject the defendant to enhanced penalties.  Domestic Violence occurs when the offense is between people in a dating relationship or family or household members.

Dating relationship means a continuing and significant relationship of a romantic or intimate nature.

Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.  With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

To prove the crime of First Degree Premeditated Murder, the State must prove:
  1. Victim is dead.
  2. The death was caused by the criminal act of defendant.
  3. There was a premeditated killing of victim.
To prove the crime of First Degree Felony Murder, the State must prove:
  1. Victim is dead.
  2. The death occurred as a consequence of and while defendant was engaged in, attempting to commit or escaping from the scene of a felony
To prove the crime of Second Degree Murder, the State must prove:
  1. Victim is dead.
  2. The death was caused by the criminal act of defendant.
  3. There was an unlawful killing of victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.
Manslaughter is a second degree felony and is punishable up to 15 years prison, 15 years of probation and/or a $10,000 fine. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:
  1. Victim is dead.
  2. Death was caused by
    1. Intentional act(s)
    2. Procurement or
    3. Culpable Negligence.
To prove the crime of Driving under the Influence Manslaughter, the State must prove:
  1. Defendant drove or was in actual physical control of a vehicle.
  2. While driving or in actual physical control of the vehicle, defendant was under the influence of drugs or alcohol to the extent that his or her normal faculties were impaired OR had a blood or breath alcohol level of .08.
As a result of operating the vehicle, defendant caused or contributed to the cause of the death of victim.
  • Kidnapping and False Imprisonment
  • Weapons Offenses
  • Burglary and Trespass

Kidnapping is first degree felony and is punishable up to life in prison, life of probation and/or a $10,000 fine.

To prove the crime of Kidnapping, the State must prove:

  1. Defendant forcibly, secretly or by threat confined abducted or imprisoned victim against his or her will.
  2. Defendant had no lawful authority.
  3. Defendant acted with intent to:
    1. hold for ransom or reward or as a shield or hostage
    2. commit or facilitate commission of (applicable felony)
    3. inflict bodily harm upon or to terrorize the victim or another person or
    4. interfere with the performance of any governmental or political function.

False Imprisonment is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of False Imprisonment, the State must prove:

  1. Defendant forcibly, secretly or by threat confined abducted or imprisoned victim against his or her will.
  2. Defendant had no lawful authority.

Carrying a Concealed Firearm is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Carrying a Concealed Firearm the State must prove:

  1. Defendant knowingly carried on or about his or her person a firearm.
  2. The weapon was concealed from the ordinary sight of another person.

Improper Exhibition of a Weapon is a first degree misdemeanor and is punishable up to 1 year in jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Improper Exhibition of a Weapon, the State must prove:

  1. Defendant had or carried weapon.
  2. Defendant exhibited weapon in a rude, careless, angry, or threatening manner.
  3. He or she did so in the presence of one or more persons.

Possession of a Firearm by a Convicted Felon is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine.  If convicted, there is a 3 year mandatory minimum prison sentence.

To prove the crime of Possession of a Firearm by a Convicted Felon the State must prove:

  1. Defendant had been convicted of a felony.
  2. After the conviction, defendant knowingly:
    1. Owned, had in his or her care custody or control a firearm OR
    2. Carried a concealed weapon.

To prove the crime of Burglary, the State must prove:

  1. Defendant entered a structure or conveyance owned by or in the possession of victim.
  2. At the time of entering the structure or conveyance, defendant had the intent to commit a felony.

To prove the crime of Possession of Burglary Tools, the State must prove:

  1. Defendant intended to commit a burglary or trespass.
  2. Defendant had in his or her possession a tool, machine or implement that he or she intended to use, or allow to be used, in the commission of the burglary or trespass.
  3. Defendant did some overt act toward the commission of a burglary or trespass.

To prove the crime of Trespass in a Structure or Conveyance, the State must prove:

  1. Defendant willfully entered or remained in a structure or conveyance.
  2. The structure or conveyance was in the lawful possession of victim.
  3. Defendant’s entering or remaining in the structure or conveyance was without authorization, license, or invitation by victim or any other person authorized to give that permission.

OR

  1. Defendant had been authorized, licensed, or invited to enter or remain in a structure or conveyance.
  2. The owner, the lessee or a person authorized by the owner or lessee of the premises warned defendant to depart.
  3. Defendant refused to depart.
  • Theft and Dealing in Stolen Property
  • Robbery
  • Child Abuse

Theft can be a felony or misdemeanor.  Petit Theft occurs when property is worth under $300; Grand Theft occurs when property is worth over $300.

To prove the crime of Theft, the State must prove:

  1. Defendant knowingly and unlawfully obtained/used or endeavored to obtain/use the property of victim.
  2. He or she did so with intent to, either temporarily or permanently,
    1. Deprive victim of his or her right to the property or
    2. Appropriate the property of victim to his or her own use or to the use of any person not entitled to it.

To prove the crime of Dealing in Stolen Property (Fencing), the State must prove the following two elements beyond a reasonable doubt:

  1. Defendant trafficked in or endeavored to traffic in property alleged.

Defendant knew or should have known that property alleged was stolen.

Robbery is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine. 

To prove the crime of Robbery, the State must prove:

  1. Defendant took the money or property described in charge from the person or custody of victim.
  2. Force, violence, assault, or putting in fear was used in the course of the taking.
  3. The property taken was of some value.
  4. The taking was with the intent to permanently or temporarily deprive victim of his or her right to the property or any benefit from it OR appropriate the property of victim to his or her own use or to the use of any person not entitled to it.

Robbery by Sudden Snatching is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Robbery by Sudden Snatching, the State must prove:

  1. Defendant took the money or property described in charge from the person of victim.
  2. The property taken was of some value.
  3. The taking was with the intent to permanently or temporarily deprive victim or the owner of his or her right to the property.
  4. In the course of the taking, victim was or became aware of the taking.

Child Abuse is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Child Abuse, the State must prove the following two elements beyond a reasonable doubt:

  1. Defendant knowingly or willfully:
    1. intentionally inflicted physical or mental injury upon victim.
    2. committed an intentional act that could reasonably be expected to result in physical or mental injury to victim.
    3. actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or menatl injury to victim.
  2. Victim was under the age of 18 years.

Aggravated Child Abuse is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine. 

To prove the crime of Aggravated Child Abuse, the State must prove:

  1. Defendant
    1. committed aggravated battery upon victim
    2. willfully tortured victim
    3. maliciously punished victim
    4. willfully and unlawfully caged victim or
    5. knowingly or willfully committed child abuse upon victim and in so doing caused great bodily harm, permanent disability, or permanent disfigurement to victim.

Victim was under the age of 18 years.

  • Obstruction of Justice
  • Transportation Offenses
  • Drug Cases

Resisting Officer Without Violence is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Resisting Officer Without Violence, the State must prove:

  1. Defendant resisted, obstructed or opposed victim.
  2. At the time, victim was engaged in the execution of legal process or lawful execution of a legal duty.
  3. At the time, victim was an officer or a person legally authorized to execute process.
  4. At the time, defendant knew victim was an officer or a person legally authorized to execute process.

Resisting Officer With Violence is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Resisting Officer with Violence, the State must prove:

  1. Defendant knowingly and willfully resisted, obstructed or opposed victim by offering to do or doing violence to him or her.
  2. At the time, victim was engaged in the execution of legal process or lawful execution of a legal duty.
  3. At the time, victim was an officer or a person legally authorized to execute process.
  4. At the time, Defendant knew victim was an officer or a person legally authorized to execute process.

To prove the crime of Tampering with or Fabricating Physical Evidence, the State must prove:

  1. Defendant knew that a criminal trial or proceeding or an investigation by a duly constituted authority of this state was pending or about to be instituted
  2. Defendant altered, destroyed, concealed or removed any item alleged with the purpose to impair its verity or availability in the proceeding OR made, presented or used any item alleged, knowing it to be false.

To prove the crime of Driving under the Influence, the State must prove:

  1. Defendant drove or was in actual physical control of a vehicle.
  2. While driving or in actual physical control of the vehicle, defendant was under the influence of drugs or alcohol to the extent that his or her normal faculties were impaired OR had a blood or breath alcohol level of .08.

To prove the crime of Reckless Driving, the State must prove:

  1. Defendant drove a vehicle in Florida.
  2. He or she did so with a willful or wanton disregard for the safety of persons or property.

Racing is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.  There is a mandatory 1 year driver’s license suspension and a minimum $500 fine if convicted of racing.

To prove the crime of Racing on a Highway, the State must prove:

Defendant drove a motor vehicle in, participated, coordinated, facilitated or collected monies at the location of, knowingly rode as a passenger in or purposefully caused moving traffic to slow or stop for a race on a highway, road or parking lot.

Fleeing to Elude a Law Enforcement Officer is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove:

  1. Defendant was operating a vehicle upon a street or highway in Florida.
  2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.
  3. Defendant, knowing he or she had been ordered to stop by a duly authorized law enforcement officer,
    1. willfully refused or failed to stop the vehicle in compliance with the order or
    2. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.

 

To prove the crime of No Valid Driver’s License, the State must prove:

  1. Defendant drove a motor vehicle upon a highway in this state.
  2. At the time, he or she did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.

To prove the crime of Driving While License or Driving Privilege is Suspended, Revoked or Canceled the State must prove the following three elements beyond a reasonable doubt:

  1. Defendant drove a motor vehicle upon a highway in this state.
  2. At the time, his or her license was suspended, revoked or canceled.

At the time defendant drove a motor vehicle upon a highway in this state, defendant knew that his or her license was suspended, revoked or canceled.

It is a crime to cannabis (commonly known as marijuana) in Florida.  Depending on the amount, you can be charged with either a misdemeanor or a felony Possession of Cannabis.

  • Possession of less than 20 grams is a First Degree Misdemeanor
  • Possession of more than 20 grams is a Third Degree Felony
  • If convicted of with misdemeanor or felony possession of cannabis, your driver’s license will be suspended for two years

If charged with Possession of a Controlled Substance, you face up to five years and prison and if convicted, your driver’s license will be suspended for two years.

To prove the crime of Trafficking in Cocaine, the State must prove:

  1. Defendant knowingly sold, purchased, manufactured, delivered, brought into Florida or possessed a certain substance.
  2. The substance was cocaine or a mixture containing cocaine.
  3. The cocaine or mixture containing cocaine weighed 28 grams or more.

If convicted of Trafficking in 28 grams or more, but less than 200 grams, of Cocaine, defendant faces up to thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 36 months in prison and a $50,000 fine.

If convicted of Trafficking in 200 grams or more, but less than 400 grams, of Cocaine, defendant faces up to  thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 7 years in prison and a $100,000 fine.

If convicted of Trafficking in 400 grams or more, but less than 150 kilograms, of Cocaine, defendant faces up to thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 15 years in prison and a $250,000 fine.

  • Sex Cases
  • Violation of Community Control/Probation

Sexual Battery (commonly known as rape) is nonconsensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.  A person convicted of sexual battery faces life in prison and is subject to civil consequences including sex offender registration.

Probation is a form of sentencing that is ordered by the court in lieu of jail time and other penalties. It often includes conditions as a requirement for completion.

If you violate the terms of probation or are arrested for another criminal offense, you can be charged with probation violation. A hearing will then be held to determine the status of your probation. The judge can decide to dismiss the violations, set new conditions to your existing probation, increase the amount of time you must remain on probation or sentence you to incarceration for the violation.  It is important to hire an attorney as soon as you are made aware of any pending violations of probation.

Early Termination of Probation

If you are on probation and are interested in an early termination, contact HAWM Law to discuss options.

  • Seal/Expunge
  • Warrant/Capias

Having a criminal record can be a setback when looking for a job, applying for credit, renting a home or apartment, or otherwise being the subject of a personal background check. Even having an arrest record can prevent an otherwise qualified and capable person from attaining a position of full equality in society. In Florida, a criminal history record is created whenever a person is arrested and fingerprinted. The record is public and remains so whether the case ends in conviction, acquittal, a dismissal of charges before, during or after a trial, or any other disposition. That means that many people who have been arrested but are not, in fact, criminals, still carry the stigma of an arrest record – one that can be accessed by any potential employer, financial institution, landlord, or any other member of the public.

Sealing

If you pled guilty, or no contest, to the charges for which you were arrested, or were found guilty after a trial, but adjudication was withheld (you were not convicted), and you have completed any court ordered probation, the reimbursement of any court costs, and/or any restitution ordered by a judge, the case may be eligible for sealing.

Expunction

If your case was dismissed or dropped, you may be eligible to have your case expunged. Also, you can apply for an expunction of a record that was initially ruled ineligible – because, for example, you did go to trial, but were found not guilty – but only after the record has been sealed for at least 10 years.

Bond/Bail

If you or a loved one is in jail because there is no bond on the case or you need the bond amount reduced, contact HAWM Law to discuss options for filing a bond motion.

If you have a warrant out for your arrest, you will need an aggressive criminal defense lawyer to protect your rights and freedom. An arrest warrant on a criminal charge can lead to incarceration while charges are pending Immediately after finding out about having a warrant out for your arrest, or being arrested, you should contact HAWM Law.

A capias warrant filed against you places you at risk of spending time in jail, even for a minor infraction such as failing to appear for a hearing or paying a fine.  At times, there are motions that can be filed to get the capias quashed or removed so that you don’t spend unnecessary time in jail.

At HAWM Law, each criminal defense consultation is free and confidential. We offer quality legal service at a reasonable price. Please call 407-802-3223 for your free consultation.

HAWM FAQs

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HAWM Criminal Defense

Assault and Battery

Assault is a second degree misdemeanor and is punishable up to 60 days in jail, 6 months of probation and/or a $500 fine.

To prove the crime of Assault, the State must prove:

  1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
  2. At the time, defendant appeared to have the ability to carry out the threat.
  3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.

Aggravated Assault is a third degree felony and is punishable up to 5 years prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Aggravated Assault, the State must prove the assault was:

  • was made with a deadly weapon or
  • was made with a fully-formed, conscious intent to commit a felony.

Battery is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Battery, the State must prove:

  1. Defendant intentionally touched or struck victim against his or her will.
  2. Defendant intentionally caused bodily harm to victim.

Aggravated Battery is a second degree felony and is punishable up to 10 years prison, 10 years of probation and/or a $10,000 fine.

To prove the crime of Aggravated Battery, the State must prove that in committing the battery, the defendant:

  • intentionally or knowingly caused great bodily harm, permanent disability or permanents disfigurement or

used a deadly weapon.

Assault and Battery

Assault is a second degree misdemeanor and is punishable up to 60 days in jail, 6 months of probation and/or a $500 fine.

To prove the crime of Assault, the State must prove:

  1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
  2. At the time, defendant appeared to have the ability to carry out the threat.
  3. The act of (defendant) created in the mind of (victim) a well-founded fear that the violence was about to take place.

Aggravated Assault is a third degree felony and is punishable up to 5 years prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Aggravated Assault, the State must prove the assault was:

  • was made with a deadly weapon or
  • was made with a fully-formed, conscious intent to commit a felony.

Battery is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Battery, the State must prove:

  1. Defendant intentionally touched or struck victim against his or her will.
  2. Defendant intentionally caused bodily harm to victim.

Aggravated Battery is a second degree felony and is punishable up to 10 years prison, 10 years of probation and/or a $10,000 fine.

To prove the crime of Aggravated Battery, the State must prove that in committing the battery, the defendant:

  • intentionally or knowingly caused great bodily harm, permanent disability or permanents disfigurement or

used a deadly weapon.

Homicide

To prove the crime of First Degree Premeditated Murder, the State must prove:
  1. Victim is dead.
  2. The death was caused by the criminal act of defendant.
  3. There was a premeditated killing of victim.
To prove the crime of First Degree Felony Murder, the State must prove:
  1. Victim is dead.
  2. The death occurred as a consequence of and while defendant was engaged in, attempting to commit or escaping from the scene of a felony
To prove the crime of Second Degree Murder, the State must prove:
  1. Victim is dead.
  2. The death was caused by the criminal act of defendant.
  3. There was an unlawful killing of victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.
Manslaughter is a second degree felony and is punishable up to 15 years prison, 15 years of probation and/or a $10,000 fine. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:
  1. Victim is dead.
  2. Death was caused by
    1. Intentional act(s)
    2. Procurement or
    3. Culpable Negligence.
To prove the crime of Driving under the Influence Manslaughter, the State must prove:
  1. Defendant drove or was in actual physical control of a vehicle.
  2. While driving or in actual physical control of the vehicle, defendant was under the influence of drugs or alcohol to the extent that his or her normal faculties were impaired OR had a blood or breath alcohol level of .08.
As a result of operating the vehicle, defendant caused or contributed to the cause of the death of victim.

Weapons Offenses

Carrying a Concealed Firearm is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Carrying a Concealed Firearm the State must prove:

  1. Defendant knowingly carried on or about his or her person a firearm.
  2. The weapon was concealed from the ordinary sight of another person.

Improper Exhibition of a Weapon is a first degree misdemeanor and is punishable up to 1 year in jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Improper Exhibition of a Weapon, the State must prove:

  1. Defendant had or carried weapon.
  2. Defendant exhibited weapon in a rude, careless, angry, or threatening manner.
  3. He or she did so in the presence of one or more persons.

Possession of a Firearm by a Convicted Felon is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine.  If convicted, there is a 3 year mandatory minimum prison sentence.

To prove the crime of Possession of a Firearm by a Convicted Felon the State must prove:

  1. Defendant had been convicted of a felony.
  2. After the conviction, defendant knowingly:
    1. Owned, had in his or her care custody or control a firearm OR
    2. Carried a concealed weapon.

Theft and Dealing in Stolen Property

Theft can be a felony or misdemeanor.  Petit Theft occurs when property is worth under $300; Grand Theft occurs when property is worth over $300.

To prove the crime of Theft, the State must prove:

  1. Defendant knowingly and unlawfully obtained/used or endeavored to obtain/use the property of victim.
  2. He or she did so with intent to, either temporarily or permanently,
    1. Deprive victim of his or her right to the property or
    2. Appropriate the property of victim to his or her own use or to the use of any person not entitled to it.

To prove the crime of Dealing in Stolen Property (Fencing), the State must prove the following two elements beyond a reasonable doubt:

  1. Defendant trafficked in or endeavored to traffic in property alleged.

Defendant knew or should have known that property alleged was stolen.

Transportation Offenses

To prove the crime of Driving under the Influence, the State must prove:
  1. Defendant drove or was in actual physical control of a vehicle.
  2. While driving or in actual physical control of the vehicle, defendant was under the influence of drugs or alcohol to the extent that his or her normal faculties were impaired OR had a blood or breath alcohol level of .08.
To prove the crime of Reckless Driving, the State must prove:
  1. Defendant drove a vehicle in Florida.
  2. He or she did so with a willful or wanton disregard for the safety of persons or property.
Racing is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.  There is a mandatory 1 year driver’s license suspension and a minimum $500 fine if convicted of racing. To prove the crime of Racing on a Highway, the State must prove: Defendant drove a motor vehicle in, participated, coordinated, facilitated or collected monies at the location of, knowingly rode as a passenger in or purposefully caused moving traffic to slow or stop for a race on a highway, road or parking lot. Fleeing to Elude a Law Enforcement Officer is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove:
  1. Defendant was operating a vehicle upon a street or highway in Florida.
  2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped.
  3. Defendant, knowing he or she had been ordered to stop by a duly authorized law enforcement officer,
    1. willfully refused or failed to stop the vehicle in compliance with the order or
    2. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer.
To prove the crime of No Valid Driver’s License, the State must prove:
  1. Defendant drove a motor vehicle upon a highway in this state.
  2. At the time, he or she did not have a valid driver’s license recognized by the Department of Highway Safety and Motor Vehicles of the State of Florida.
To prove the crime of Driving While License or Driving Privilege is Suspended, Revoked or Canceled the State must prove the following three elements beyond a reasonable doubt:
  1. Defendant drove a motor vehicle upon a highway in this state.
  2. At the time, his or her license was suspended, revoked or canceled.
At the time defendant drove a motor vehicle upon a highway in this state, defendant knew that his or her license was suspended, revoked or canceled.

Sex Cases

Sexual Battery (commonly known as rape) is nonconsensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.  A person convicted of sexual battery faces life in prison and is subject to civil consequences including sex offender registration.

Domestic Violence

Domestic Violence charges can subject the defendant to enhanced penalties.  Domestic Violence occurs when the offense is between people in a dating relationship or family or household members.

Dating relationship means a continuing and significant relationship of a romantic or intimate nature.

Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.  With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Kidnapping and False Imprisonment

Kidnapping is first degree felony and is punishable up to life in prison, life of probation and/or a $10,000 fine.

To prove the crime of Kidnapping, the State must prove:

  1. Defendant forcibly, secretly or by threat confined abducted or imprisoned victim against his or her will.
  2. Defendant had no lawful authority.
  3. Defendant acted with intent to:
    1. hold for ransom or reward or as a shield or hostage
    2. commit or facilitate commission of (applicable felony)
    3. inflict bodily harm upon or to terrorize the victim or another person or
    4. interfere with the performance of any governmental or political function.

False Imprisonment is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of False Imprisonment, the State must prove:

  1. Defendant forcibly, secretly or by threat confined abducted or imprisoned victim against his or her will.
  2. Defendant had no lawful authority.

Burglary and Trespass

To prove the crime of Burglary, the State must prove:

  1. Defendant entered a structure or conveyance owned by or in the possession of victim.
  2. At the time of entering the structure or conveyance, defendant had the intent to commit a felony.

To prove the crime of Possession of Burglary Tools, the State must prove:

  1. Defendant intended to commit a burglary or trespass.
  2. Defendant had in his or her possession a tool, machine or implement that he or she intended to use, or allow to be used, in the commission of the burglary or trespass.
  3. Defendant did some overt act toward the commission of a burglary or trespass.

To prove the crime of Trespass in a Structure or Conveyance, the State must prove:

  1. Defendant willfully entered or remained in a structure or conveyance.
  2. The structure or conveyance was in the lawful possession of victim.
  3. Defendant’s entering or remaining in the structure or conveyance was without authorization, license, or invitation by victim or any other person authorized to give that permission.

OR

  1. Defendant had been authorized, licensed, or invited to enter or remain in a structure or conveyance.
  2. The owner, the lessee or a person authorized by the owner or lessee of the premises warned defendant to depart.
  3. Defendant refused to depart.

Robbery

Robbery is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine. 

To prove the crime of Robbery, the State must prove:

  1. Defendant took the money or property described in charge from the person or custody of victim.
  2. Force, violence, assault, or putting in fear was used in the course of the taking.
  3. The property taken was of some value.
  4. The taking was with the intent to permanently or temporarily deprive victim of his or her right to the property or any benefit from it OR appropriate the property of victim to his or her own use or to the use of any person not entitled to it.

Robbery by Sudden Snatching is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Robbery by Sudden Snatching, the State must prove:

  1. Defendant took the money or property described in charge from the person of victim.
  2. The property taken was of some value.
  3. The taking was with the intent to permanently or temporarily deprive victim or the owner of his or her right to the property.
  4. In the course of the taking, victim was or became aware of the taking.

Obstruction of Justice

Resisting Officer Without Violence is a first degree misdemeanor and is punishable up to 1 year jail, 1 year of probation and/or a $1,000 fine.

To prove the crime of Resisting Officer Without Violence, the State must prove:

  1. Defendant resisted, obstructed or opposed victim.
  2. At the time, victim was engaged in the execution of legal process or lawful execution of a legal duty.
  3. At the time, victim was an officer or a person legally authorized to execute process.
  4. At the time, defendant knew victim was an officer or a person legally authorized to execute process.

Resisting Officer With Violence is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Resisting Officer with Violence, the State must prove:

  1. Defendant knowingly and willfully resisted, obstructed or opposed victim by offering to do or doing violence to him or her.
  2. At the time, victim was engaged in the execution of legal process or lawful execution of a legal duty.
  3. At the time, victim was an officer or a person legally authorized to execute process.
  4. At the time, Defendant knew victim was an officer or a person legally authorized to execute process.

To prove the crime of Tampering with or Fabricating Physical Evidence, the State must prove:

  1. Defendant knew that a criminal trial or proceeding or an investigation by a duly constituted authority of this state was pending or about to be instituted
  2. Defendant altered, destroyed, concealed or removed any item alleged with the purpose to impair its verity or availability in the proceeding OR made, presented or used any item alleged, knowing it to be false.

Child Abuse

Child Abuse is a third degree felony and is punishable up to 5 years in prison, 5 years of probation and/or a $5,000 fine.

To prove the crime of Child Abuse, the State must prove the following two elements beyond a reasonable doubt:

  1. Defendant knowingly or willfully:
    1. intentionally inflicted physical or mental injury upon victim.
    2. committed an intentional act that could reasonably be expected to result in physical or mental injury to victim.
    3. actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or menatl injury to victim.
  2. Victim was under the age of 18 years.

Aggravated Child Abuse is a second degree felony and is punishable up to 10 years in prison, 10 years of probation and/or a $10,000 fine. 

To prove the crime of Aggravated Child Abuse, the State must prove:

  1. Defendant
    1. committed aggravated battery upon victim
    2. willfully tortured victim
    3. maliciously punished victim
    4. willfully and unlawfully caged victim or
    5. knowingly or willfully committed child abuse upon victim and in so doing caused great bodily harm, permanent disability, or permanent disfigurement to victim.

Victim was under the age of 18 years.

Drug Cases

It is a crime to cannabis (commonly known as marijuana) in Florida.  Depending on the amount, you can be charged with either a misdemeanor or a felony Possession of Cannabis.

  • Possession of less than 20 grams is a First Degree Misdemeanor
  • Possession of more than 20 grams is a Third Degree Felony
  • If convicted of with misdemeanor or felony possession of cannabis, your driver’s license will be suspended for two years

If charged with Possession of a Controlled Substance, you face up to five years and prison and if convicted, your driver’s license will be suspended for two years.

To prove the crime of Trafficking in Cocaine, the State must prove:

  1. Defendant knowingly sold, purchased, manufactured, delivered, brought into Florida or possessed a certain substance.
  2. The substance was cocaine or a mixture containing cocaine.
  3. The cocaine or mixture containing cocaine weighed 28 grams or more.

If convicted of Trafficking in 28 grams or more, but less than 200 grams, of Cocaine, defendant faces up to thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 36 months in prison and a $50,000 fine.

If convicted of Trafficking in 200 grams or more, but less than 400 grams, of Cocaine, defendant faces up to  thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 7 years in prison and a $100,000 fine.

If convicted of Trafficking in 400 grams or more, but less than 150 kilograms, of Cocaine, defendant faces up to thirty (30) years in prison, but the court is required to impose a minimum-mandatory sentence of 15 years in prison and a $250,000 fine.

HAWM FAQs

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