SERVICES
When I was a prosecutor in Orange County, my goal was to pursue justice for the public and now as a criminal defense attorney, my only pursuit is justice for the accused. I am committed exclusively to the practice of criminal law so my clients know that all of my knowledge, experience, and passion is devoted to fighting for their freedom. One of the most important benefits of having an attorney is being able to reach them every time you have a question. I charge a flat fee so whether you have one question, or a million questions, I am available 24/7 to give you answers and some peace of mind during this difficult time.
The probable cause standard for law enforcement to make an arrest is relatively low, so many people end up in handcuffs merely by being in the wrong place at the wrong time. Because of my experience as an Assistant State Attorney, I can analyze your case through the eyes of the State, and then find the weaknesses in the case against you. Just like every person, sometimes law enforcement officers make mistakes and I have the expertise to use those mistakes to get the best result for my clients.
And once the case is over, it's my mission as a member of this community to help direct my clients to other services that can help them get back on their feet, from education, to substance/alcohol abuse, or mental health resources.
You won't find another criminal defense attorney that will work harder for you.
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Call (407) 274-7501 or email seth@sethhymanlaw.com to schedule a consultation today!
RESISTING AN OFFICER
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The crime of Resisting An Officer With Violence is a third degree felony punishable by up to a $5,000 fine and 5 years in state prison or 5 years supervised probation.
To prove the crime of Resisting Officer with Violence, the State must prove all of the following four elements beyond a reasonable doubt as to at least one of the alleged victims:
1. Defendant resisted victim with violence.
2. At the time, victim was engaged in the lawful execution of a legal duty.
3. At the time, victim was an officer.
4. At the time, defendant knew victim was an officer.
THEFT
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Theft has varying degrees from second degree misdemeanor to first degree felony. The primary determining factor of degree relates to the value of the property stolen. But, there are also many other crimes that involve a theft. If the property is sold then that may be a separate felony of dealing in stolen property or if you broke into a home or vehicle before stealing the property then that may also be a burglary or if you took the property by force or threat of force then that may be a robbery. You may be guilty of a theft even if you are merely in possession of recently stolen property. This is a highly complicated area of the law and it is recommended that you get the advice of an attorney.
A first degree felony is punishable by up to a $10,000 fine and 30 years in state prison or 30 years supervised probation.
A second degree felony punishable by up to a $10,000 fine and 15 years in state prison or 15 years supervised probation.
A third degree felony punishable by up to a $5,000 fine and 5 years in state prison or 5 years supervised probation.
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A first degree misdemeanor punishable by up to a $1,000 fine and 1 year in county jail or supervised probation.
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A second degree misdemeanor punishable by up to a $500 fine and 60 days in county jail or 6 months supervised probation.
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To prove the crime of Theft, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant knowingly and unlawfully obtained or used, or endeavored to obtain or to use, the property alleged of victim.
2. Defendant did so with intent to, either temporarily or permanently,
a. deprive victim of their right to the property or any benefit from it; or
b. appropriate the property of victim to their own use or to the use of any person not entitled to it.
BATTERY
For Felony Battery, this crime is a third degree felony punishable by up to a $5,000 fine and 5 years in state prison or 5 years supervised probation.
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To prove the crime of Felony Battery, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant actually and intentionally touched or struck victim against their will
2. Defendant caused victim great bodily harm, permanent disability, or permanent disfigurement.
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For Aggravated Battery, this crime is a second degree felony punishable by up to a $10,000 fine and 15 years in state prison or 15 years supervised probation.
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To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt.
1. Defendant intentionally touched or struck victim against their will or intentionally caused bodily harm to victim.
2. Defendant in committing the battery
a. intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to victim; or
b. used a deadly weapon.
BURGLARY
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This is a highly complicated area of the law and it is recommended that you get the advice of an attorney. There are varying penalties if an assault or battery is committed during a burglary, whether a firearm is used, whether the structure entered was a dwelling or whether it was occupied. There are different legal considerations if a person accused of burglary was invited into the structure, what areas were they authorized to be in and whether they remained after the permission was revoked.
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A first degree felony is punishable by up to a $10,000 fine and 30 years in state prison or 30 years supervised probation.
A second degree felony punishable by up to a $10,000 fine and 15 years in state prison or 15 years supervised probation.
A third degree felony punishable by up to a $5,000 fine and 5 years in state prison or 5 years supervised probation.
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To prove the crime of Burglary, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant entered a structure or a conveyance owned by or in the possession of the person alleged.
2. At the time of entering the structure or a conveyance, Defendant had the intent to commit the crime alleged (an offense other than burglary or trespass) in that structure or conveyance.
POSSESSION OF CANNABIS
If over 20 grams, this crime is a third degree felony punishable by up to a $5,000 fine and 5 years in state prison or 5 years supervised probation.
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To prove the crime of Possession of a Cannabis, the State must prove the following elements beyond a reasonable doubt:
1. Defendant knew of the presence of a substance.
2. Defendant exercised control or ownership over that substance.
3. The substance was Cannabis.
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4. The cannabis weighed more than 20 grams.
Possession of a substance may be sole or joint, that is, two or more persons may be aware of the presence of a substance and may jointly exercise control over it. In that case, each of those persons is considered to be in possession of the substance.
DRUG POSSESSION
This crime is a third degree felony punishable by up to a $5,000 fine and 5 years in state prison or 5 years supervised probation.
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To prove the crime of Possession of a Controlled Substance, the State must prove the following elements beyond a reasonable doubt:
1. Defendant knew of the presence of a controlled substance.
2. Defendant exercised control or ownership over that controlled substance.
3. The substance was [drug].
Possession of a substance may be sole or joint, that is, two or more persons may be aware of the presence of a substance and may jointly exercise control over it. In that case, each of those persons is considered to be in possession of the substance.
CRIMINAL MISCHIEF
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Criminal Mischief has varying degrees from second degree misdemeanor to third degree felony. The primary determining factor of degree relates to the value of the property damaged.
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To prove the crime of Criminal Mischief, the State must prove the following three elements beyond a reasonable doubt:
1. Defendant injured or damaged property.
2. The property injured or damaged belonged to person alleged.
3. The injury or damage was done willfully and maliciously.