Florida Criminal Lawyer Blog

The criminal defense attorneys & support staff of William Moore, P.A. wishes all of their clients, Courthouse personnel and Judges a merry holiday season. Our offices will be closed from December 24th to the 29th, however, we will have attorneys available by cell phone in the event of an emergency. For criminal arrests in Broward County, the hotline number is 954-993-5935. For Palm Beach County call 561-802-9001. Existing William Moore, P.A. clients may simply call the main number at any time and they will be forwarded to an attorney immediately.

William Moore reminds everyone to be safe this holiday season and we look forward to seeing you in the new year!

The William Moore, P.A. Staff
One Financial Suite 2500
(Additional Offices & Locations in South Florida)

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Broward County Criminal Attorney Forum – Larceny & Embezzlement

We recently received an email from a Broward County individual asking as to make the distinction between larceny and embezzlement.

An important clue to distinguishing among larceny, embezzlement, and false pretenses, is the victim's state of mind regarding the property. In larceny cases, the victim intends either to pass nothing or to pass mere physical custody of the property. In embezzlement cases, the victim intends to entrust temporary possession of the property to another (most often an employee). In situations involving false pretenses, the victim intends to give up all rights to the property by passing title and possession to another.
In all three forms of theft, the defendants must have an intent to deprive another of the property permanently. The defendants, however, can be distinguished by their conduct when initially acquiring the property.

The criminal attorneys at William Moore, P.A. handle all theft crimes and are available to discuss your criminal charges at our West Palm Beach, Broward County or Miami-Dade offices. A criminal charge should not be taken lightly and clients are advised to speak with several criminal attorneys before deciding who is right for them.

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As criminal defense attorneys we deal with defending theft crimes on a regular basis. More often than not, we are asked to explain statutes pertaining to the knowing acceptance of property that is known to be stolen. Receipt of Stolen Property Stolen property includes property acquired by larceny, embezzlement, false pretenses, or any other form of theft recognized by the particular jurisdiction. Receipt of stolen property may be by actual or constructive possession because a defendant who exercises control over the property has received it, even if the defendant never physically touches the property. For example, a "fence" instructs the thief to deliver the property directly to a customer who will pay the fence for the property. The fence, while never touching or even seeing the stolen property, has controlled (constructively possessed) it by arranging for its sale. On the other hand, a person may come in contact with stolen property but not control or receive it.
For more information on theft statutes, contact criminal defense attorney William Moore for cases in Broward County and criminal attorney Andrew Alitowski for criminal cases in West Palm Beach.

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Any Fort Lauderdale criminal attorney will tell you that an unlawful touching in a battery may involve direct body-to-body contact or an indirect touching by some instrumentality used by the defendant. The defendant causes a touching by launching any force in motion whether it be a thrown knife, a driven car, or a dog ordered to attack the victim. In a few situations, omission—the failure to act when faced with a duty to act—might cause a battery. Although Florida has specific statutes dealing with child neglect, a parent's failure to protect a child from an unlawful touching might result in criminal charges for battery upon the child.
Note that when a battery is attempted but no contact or harmful touching occurs, an individual may be charged with assault.

Criminal Defense Attorney Daily Review -

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