Miami Criminal Lawyers Blog

Child abuse can take many forms, each of which is punished severely under the criminal laws of Florida. A caretaker, parent, teacher, or guardian should always look to the best interests of any children in his or her care and refrain from inflicting any kind of harm. Child abuse ranges from the emotional and physical to true neglect of a child's welfare. Sexual abuse is also a significant problem that has received increasing amounts of attention.

Child abuse can include causing undue mental anguish or physical harm. For example, throwing a small child down a staircase would be an example of physical abuse. More commonly, shaking an infant is physical abuse that can cause lifelong brain damage, whiplash injuries, and even death. Although a frustrated caregiver may shake a baby that will not stop crying, the shaking action and resulting brain injuries account for as many as half of all deaths caused by child abuse in the United States each year.

Child neglect occurs when a parent, guardian, or other caregiver does not meet the basic needs of a child. Failure to provide adequate medical care, food, living conditions, and mandatory education can all be considered child neglect. Even if a parent never strikes his child, failing to take the child to the doctor or the emergency room when she is very ill may be considered child neglect.

The sexual abuse of children has received increased media attention and caused significant concern among parents, which is at least partially responsible for the existence of the sex offender and sexual predator registry in the state of Florida. Unfortunately, small children may suffer sexual abuse at the hands of family members, baby-sitters, or even strangers. Teenagers, on the other hand, seem to be more likely to be abused by older adults who are interested in an inappropriate sexual relationship with the teen, including teachers who prey on their teenaged students.

In day-to-day parlance, many people use the word "assault" loosely - and differently from the legal definition. A man might say that his friend was "assaulted" in a bar fight, in which the friend exchanged blows with another person. Although his friend may have been assaulted, if the speaker meant that the friend had been hit or that the other person actually made contact, the word "battered' would be more correct. This is true at least from a legal perspective.

An assault is usually a movement or an action designed to strike fear into a person that he or she is in imminent harm or at immediate risk of being struck - perhaps with a hand, a knife, a bullet, or even a motor vehicle. A battery, on the other hand, generally occurs at the moment the harm takes places; that is, when the person is hit by the aforementioned palm, blade, or other item.

These usages of the terms assault and battery are fairly constant in both civil and criminal law. For example, Andy can be charged with assault in a criminal court for threatening Beatrice with a knife. He could receive a prison sentence, probation, or other criminal penalties if he is convicted by a judge or jury. Beatrice's recourse against Andy would lie in the civil court, where she could sue him for the tort (civil wrong) of assault and, if she were successful, recover monetary damages from Andy. In a criminal court, the State Attorney would have to prove beyond a reasonable doubt that Andy assaulted Beatrice in order to obtain a conviction. Beatrice, meanwhile, need only prove the assault by a preponderance of the evidence in most civil court cases in order to be awarded damages. Beatrice could also obtain an order of protection, also known as a restraining order, to prevent Andy from coming near to her.

If you have been accused of a crime in Miami-Dade County or elsewhere in Florida, call the experienced Miami criminal defense attorneys of Musca Law.

Most people in Miami probably think of the death penalty as a touchy issue, but one that really only affects murderers. Historically, capital punishment has been imposed for a range of offenses. In fact, it was only in 1977 that the United States Supreme Court ruled that it was no longer acceptable for a state to impose the death penalty on a person convicted of the rape of an adult. In Coker v. Georgia, a 16-year-old was raped and her attacker was sentenced to death. Because the rape of an older teenager is punished similarly or identically to the rape of an adult in most or all states - and typically less severely than a sex offense on a child under the age of 12 - the case has been read as applying to situations in which the victim was an adult.

More recently, there was a movement to re-impose the death penalty on those convicted of child sex offenses. The Supreme Court, however, ruled that this was unconstitutional last year.

Florida led the nation in strict sentencing for child sex offenders and sexual predators. Jessica's Law was enacted by the state legislature four years ago, prompting many other states to consider similar legislation. The law - which was named after Jessica Lunsford, a nine-year-old girl who was raped and murdered in Homohassa - requires lifetime electronic monitoring of those convicted of lewd or lascivious acts with a victim under the age of 12, along with a 25 year mandatory minimum sentence. Additionally, rape and sexual battery on a child under 12 years of age carries a mandatory minimum sentence of life imprisonment without the possibility of parole. Jessica's killer had previously been convicted of a child sex offense.

Murder and attempted murder are the most serious charges a criminal defendant can face. Florida is one of 35 states that has retained the death penalty for murder, in addition to the federal government and United States military courts. In recent years, several states have repealed the death penalty entirely. Since 2007, New Mexico, New York, and New Jersey have all made the toughest sentence a convicted murderer can face life imprisonment without the possibility of parole.

A far lesser-known offense is felony murder and its counterpart, attempted felony murder. Felony murder occurs when two or more people commit a dangerous felony together, such as an armed robbery or a burglary. During the course of that felony, a person is killed. Those involved in the commission of the felony may be charged with felony murder - even if they had no role in the killing. For example, if Alfred, Byron, and Christopher decide to hold up a local convenience store armed with semiautomatic weapons, they are committing armed robbery. Imagine that as Byron and Christopher are fleeing the store with stolen cash and Twinkies, Alfred turns around and shoots the clerk, Gustav, so that he cannot identify the robbers later. If Gustav dies, Alfred could be charged with murder, and Byron and Christopher could both face felony murder charges - despite the fact that they did not act to kill Gustav. If Gustav was seriously wounded but did not actually die, Alfred could be charged with attempted murder, while Byron and Christopher could be charged with attempted felony murder. Felony murder is often punished almost as severely as murder itself, although the death penalty is not available for a conviction of felony murder in Florida.

Fierce opponents of the felony murder rule argue that it unfairly and disproportionately punishes accomplices and co-conspirators who had no plan or interest in seeing another person die as a result of the crime. These opponents argue that it is important to distinguish from true killers from those who have no intent whatsoever to kill another person. Criminal defense attorneys representing clients who have been charged with felony murder frequently find that they are shocked that the state or a jury may deem them culpable for an act they did not commit.

Miami-Dade law enforcement officials are warning local residents to be careful after making bank transactions. Police are currently seeking four women who allegedly followed and robbed Carlos Torres last month. Torres went to his bank on April 15, withdrawing cash, and then returned to his vehicle. He drove to a nearby gas station and filled up his tank. When Torres went inside briefly to pay for the gas, investigators say that four unidentified women pulled up alongside his vehicle in a black Chevy Traverse. One of the women who was in the Chevy quickly went inside to distract Torres. The others robbed his car, opening the driver's side door of his vehicle. The women left with $500 in cash, which Torres had left in an envelope inside the car. He had not locked his car when he went inside the gas station to pay.

The incident ''was all preplanned...They positioned the car strategically so the victim couldn't see what's going on,'' said Miami-Dade Detective Otto Ablanedo, describing the crime. The theft was caught on the surveillance tape of the BP gas station.

Detective Ablanedo warns area residents to be vigilant, because the women are "casing banks." At least one of the suspects has been spotted again on the surveillance video of an area bank. The detective believes that the suspects are watching the bank parking lot for customers, then following those who make a substantial withdrawal. To avoid being the victim of such a crime, bank customers should be extra vigilant, especially with regard to anyone who may be following them. Police remind Miami residents to lock their vehicles whenever they are unattended - even if the driver is leaving the car only briefly, as Torres had planned to - and always lock the doors when the car contains anything of value. Cash, in particular, is often difficult or impossible to recover.

A report on these incidents is available here.

If you have been arrested for a robbery or other theft crime, contact the Miami shoplifting defense lawyers at Musca Law.

Jean Dorvil, 56, teaches preschool at a Miami Head Start program at an area elementary school. Head Start is a government-run program designed to give disadvantaged children pre-kindergarten education to encourage their academic growth in the long term. The program is operated similarly to other preschool programs and the children are entrusted to the teachers' care. Dorvil, however, has been accused of abusing the young children he teaches.

According to Miami-Dade law enforcement officials, Dorvil has been charged with multiple counts of child abuse, including one count of aggravated child abuse with great bodily harm. He is currently being detained and no bond has been set due to the serious nature of the charges against him. Police have described Dorvil's alleged crimes: he struck three children on separate occasions, one of whom lying down during nap time when the incident occurred. Dorvil has admitted to kicking two of the children in his care and police say his admissions were key to bringing the charges. He has been suspended from his teaching position.

The state of Florida has mandatory reporting provisions in its child welfare code. Certain individuals, such as teachers and social workers, are legally required to report instances of suspected child abuse or child neglect to the state. In this case, authorities investigating the incidents discovered that at least one member of the Head Start staff at the Charles R. Drew Elementary school program was aware of the instances of abuse - yet failed to fulfill the mandatory reporting. If the staffer had reported the abuse at an earlier date, Dorvil's behavior would have been investigated and he likely would have been removed from his position prior to the most recent incident.

State child welfare officials believe that Dorvil may have abused students prior to these incidents due to allegations dating back as far as 2002. A spokesperson for the Florida Department of Children and Families said, ''We are working with law enforcement to gather all the available information so that we can make our findings." In the meantime, the agency is reminding the Miami school system of the importance of reporting suspected abuse to the agency's hotline.

The original article is available here.

If you have been accused of abusing or neglecting a child, contact the experienced criminal defense attorneys at the Musca Law Miami office.

The Miami police department reports that it has arrested two men in connection with the murder of a 40-year-old Wilton Manors resident. Nestor Estafani, 40, was found dead last summer, lying in blood on a bed in Miami Shores. The home belonged to his boyfriend, a local emergency room physician who was out of town at the time of Estafani's murder. Estafani's body was discovered on August 30. Numerous items were stolen from the house, which was described as "ransacked."

According to police, Estafani encountered two men at a gas station on Biscayne Boulevard. The men, Johnny Collins, 38, and Keith Scruggs, 40, were previously acquainted with Estafani. All three went to the home of Estafani's boyfriend, where they engaged in sexual activity. According to Collins, the three consumed alcohol and took drugs beforehand. Afterwards, the stories of Collins and Scruggs become inconsistent.

Collins initially told police that he left after the sexual activity and did not return. Later, his story seemed to change, and he admitted to law enforcement officers that he and Scruggs intended to rob Estafani. Eventually, he said that he knew of the murder, but that Scruggs had killed Estafani while Collins smoked a cigarette outdoors. Collins told police that Scruggs described Estafani's death, saying he had slit his neck from "ear to ear."

Collins is to be charged with murder in Miami-Dade County for his alleged role in Estafani's slaying. Scruggs was previously charged with several crimes, including murder, armed robbery, and dealing in stolen property. Police apparently were led to the duo initially by the discovery of a fingerprint left on a video game system that was not removed from the home. Collins and Scruggs allegedly escaped with a significant amount of goods stolen from the doctor's home.

If you have been arrested for a violent crime in the Miami area, contact the criminal defense attorneys at Musca Law.

As discussed previously, the city of Miami, Florida suffers from higher rates of criminal activity than many other American cities. Violent crimes are up to three times higher in Miami. Similarly, property crimes, especially certain kinds, tend to affect Miami residents more frequently than in other locales.

Nationally, per 100,000 individuals, there were approximately 812 burglaries. In Miami, however, there were 1,131. That means that in a year, about one percent of Miami residents will experience a burglary, usually of the victim's home. Larceny and thefts are somewhat higher in Miami compared to the rest of the country, with 3,046 per 100,000, compared to the average of 2,602. The largest property crime disparity lies in the theft of motor vehicles, however. Miami law enforcement officials reported 987 motor vehicle thefts per 100,000 residents in 2006 compared to 502 nationally.

For the same year, 2006, Miami was also ranked as the American city with the lowest median family income levels. The median household income was just $24,031. Newark, New Jersy, followed Miami with a median household income of $26,309. Cleveland, Detroit, New Orleans, St. Louis, and El Paso also made the list of the top ten most impoverished U.S. cities.

Within the city of Miami, over a quarter of the residents live in poverty - about 27 percent of the population. This is significantly higher than Miami-Dade County's overall poverty rate, which is 16.4 percent, and far above the Florida statewide rate of 12.6 percent. Nationally, about 13.3 percent of people living in the United States live at or below the poverty line. Within Miami, there are tremendous ethnic and racial income divides: Hispanic households average $25, 673 and African-Americans average $18,710 per household, while non-Hispanic white households average $63,723 for 2006. Some economists have noted that many new immigrants reside in Miami, but leave the city after going to school or learning a trade.