Latest News

Have you or a loved one been arrested for, or charged with, reckless driving in Florida? This isn’t the kind of situation you can get out of by paying a traffic ticket. That’s because reckless driving isn’t a minor traffic violation in the Sunshine State—it is a serious criminal offense.

Charged as a felony or misdemeanor, a conviction for reckless driving can result in fines, imprisonment, or both. It can also negatively affect your auto insurance rates and driving privileges. And if you’re convicted of a felony reckless driving charge, the consequences—and stigma—can follow you for the rest of your life, limiting your employment, education, and housing opportunities.

Don’t let a mistake or misunderstanding threaten to define who you are or dictate your future. Professional representation near you for traffic offenses to contest your citation is absolutely essential. Here’s what you should know about Florida reckless driving cases, including how the skilled defense team at George Reres Law can help you protect your rights and fight to avoid harsh penalties.

Defining Reckless Driving

Florida law defines reckless driving as operating a motor vehicle in a way that demonstrates a “willful or wanton” disregard for safety. When the state charges someone with reckless driving, it alleges that the accused drove a vehicle with conscious and purposeful indifference to the consequences that people or property would likely suffer as a result of their actions.

Reckless driving endangers everyone on the road. What makes it so dangerous? Research shows that engaging in reckless driving reduces reaction time by half, making it difficult to avoid hazards that could lead to crashes.

Reckless Driving Examples

Florida law doesn’t specifically spell out what is—and isn’t—reckless driving. Instead, reckless driving is more of an umbrella term that covers a wide range of hazardous behind-the-wheel behaviors. Examples of reckless driving include:

• Fleeing a law enforcement officer
• Drag racing
• Excessive speeding (when combined with other factors)

While speeding plays a significant role in many reckless driving incidents, convictions for these offenses can’t be based solely on evidence of excessive speeding. However, speed, coupled with any of the following factors may support a reckless driving charge or conviction:

• Consuming intoxicating substances
• Weaving in and out of traffic
• Driving the wrong way or in the middle of the road
• Failing to watch for pedestrians or bicyclists
• Driving through crowded residential neighborhoods
• Putting children at risk
• Tailgating the preceding vehicle
• Passing improperly
• Failing to slow down before impact
• Disregarding traffic control devices

Potential Penalties

The penalties for a reckless driving conviction depend heavily on the number of previous offenses, as well as whether the incident resulted in bodily injury or property damages. Here’s what you need to know.

First Offense

As a second-degree misdemeanor, a conviction for reckless driving can result in a combination of any of the following penalties:

• An up to $500 fine
• Up to 90 days in jail
• Up to six months of probation

Second or Subsequent Offense

Reckless driving is also charged as a second-degree misdemeanor if you have a prior conviction. However, the potential penalties increase. Upon conviction, you could face a combination of these consequences:

• Fines between $50 and $500
• Up to six months in jail
• Up to six months of probation

Property Damage or Injury

The severity of the charge and possible penalties increase significantly when the reckless driving incident in question involves injuries to property or people. As a second-degree misdemeanor, if convicted of these offenses you could potentially receive a combination of the following penalties:

• Up to $1,000 fine
• Up to 12 months in jail
• Up to one year of probation

Serious Bodily Injury

Reckless driving charges and penalties increase even further when the offense results in serious bodily injury. Unlike other reckless driving charges, which are misdemeanors, reckless driving causing serious bodily injury is a third-degree felony, punishable by any combination of these consequences:

• An up to $5,000
• Up to five years in prison
• Five years of probation

Conviction Can Affect Your Driving Privileges

The Florida Department of Highway Safety and Motor Vehicles uses a point system to keep track of traffic violations. These points can come from traffic-related offenses big and small, from minor moving violations to reckless driving—and “collecting” too many of them can result in the suspension of your drivers license or cause your car insurance rates to skyrocket.

As a criminal traffic violation, reckless driving can add four points to your drivers license. That may not sound like much, but these points can add up quickly—and if your license is suspended, the length of the suspension is based on how many points you’ve accrued in a given period of time. For example:

• Earning 12 points in 12 months – 30 day suspension
• Earning 18 points in 18 months – 3 month suspension
• Earning 24 points in 36 months – 1 year suspension

Don’t Underestimate the Value of a Strong Criminal Defense

Reckless driving charges aren’t something you can handle on your own. If you or someone you love are facing prosecution for misdemeanor or felony reckless driving, you need a tenacious defense attorney by your side—and the sooner you reach out for assistance, the better. In addition to helping you understand and protect your legal rights, hiring an attorney early in the process may even allow you to resolve a precarious situation before it spirals out of control.

Ready to find out how George Reres Law can come to your defense? Take action to protect your future.

Schedule a Consultation

Contact us today to arrange an appointment for a confidential consultation regarding your Florida reckless driving case.

Finding yourself suspected of a crime or facing criminal charges can be frightening. This is particularly true when the incident in question involves a homicide, or the killing of one human by another.

Not only are homicide-related crimes among the most serious offenses under Florida law, but they carry some of the harshest possible penalties. As a result, law enforcement agencies and the criminal court system tend to pull out all the stops when it comes to investigating and prosecuting such cases, assigning seasoned detectives and prosecutors, and dedicating considerable resources. This might be great for district attorney conviction rates, but it can leave suspects, defendants, and their families at a serious disadvantage.

Have you (or someone you love) been named a person of interest in a homicide investigation, or charged with murder or manslaughter? Here’s what you should know about homicide cases in the Sunshine State, including how a skilled defense attorney can help level the playing field, and fight to protect your rights, your freedom, and your future.

Homicide Doesn’t Always Mean Murder

While people often use the terms “homicide” and “murder” interchangeably, they actually have separate and distinct meanings under the law. For example, “homicide” doesn’t necessarily mean “murder”—it is simply the legal term used when a human being causes the death of another human being.

Homicides don’t always lead to criminal charges. In some cases, such as in defense of self or others, a homicide may be excusable or even justified. After law enforcement conducts an investigation into the incident, the district attorney will decide whether murder or manslaughter charges are warranted.

Murder Charges in Florida

Whereas homicide is the killing of a human being by another human being, Florida law defines murder as the unlawful killing of a human being. The state has three degrees of murder. How a homicide is charged largely depends on the circumstances of the crime. The degree of your murder charge can dramatically affect how your case is handled and the penalties you could face if convicted. What follows is a brief overview of types of murder charges, including what the state has to prove, and how the degree of the charge could impact sentencing.

First-Degree Murder

A capital felony, first-degree murder is the most serious type of murder charge, punishable by up to $10,000 in fines, life in prison without the possibility of parole, or the death penalty.

A homicide may lead to a charge of murder in the first degree if it was intentional and involved “malice aforethought,” meaning that the crime was committed after a period of planning and reflection. The law doesn’t specify what length of deliberation constitutes premeditation. Depending on the circumstances, minutes—or even seconds—may be sufficient justification for a first-degree murder charge.

Suspects could also face first-degree murder charges if the homicide in question happened during the commission (or attempted commission) of other serious crimes, such as:

• Burglary
• Robbery
• Arson
• Home invasion
• Drug trafficking
• Kidnapping
• Carjacking
• Sexual battery
• Resisting an Officer with violence
• Aggravated fleeing or eluding
• Human trafficking
• Aggravated stalking
• Aggravated child abuse
• Aggravated abuse of a disabled adult or elderly person
• Certain types of drug offenses

Second-Degree Murder

Second-degree murder is a homicide that occurs in the heat of passion or as the result of an action that shows reckless disregard for human life. The state doesn’t have to show that premeditation—or even the intent to kill—was involved. A conviction for murder in the second degree can carry up to 30 years in prison. However, the state may opt to pursue life imprisonment if it feels that the circumstances of the crime warrant a longer sentence.

Third-Degree Murder

Third-degree murder is an unintentional unlawful homicide that occurs during the commission (or attempted commission) of a non-violent felony offense. A second-degree felony, potential penalties for a third-degree murder conviction include up to $10,000 in fines, between 10 1/3 and 15 years in prison, and an additional 15 years probation.

Florida Manslaughter Charges

Under Florida law, manslaughter is a second-degree felony, punishable by up to $10,000 in fines, up to 15 years in prison, and 15 years of probation. A lack of malice, premeditation, or a reckless disregard for human life is what differentiates manslaughter from murder.

Manslaughter crimes can be categories as voluntary or involuntary. Common manslaughter charges include:

• Manslaughter by Act. A type of voluntary manslaughter, this charge is filed when an inexcusable and unjustified intentional action causes the death of another person.
• Manslaughter by Procurement. Another type of voluntary manslaughter, this charge may be appropriate in cases where someone persuades, induces, or encourages another person to commit an action that results in the death of a third party.
• Manslaughter by Culpable Negligence. This involuntary manslaughter charge alleges that a defendant engaged in criminally negligent conduct that resulted in another person’s death.

Having trouble distinguishing between certain degrees of murder and manslaughter? You’re not alone. The line between these crimes isn’t always clear—which is why hiring an experienced murder defense attorney who can advocate for your rights and interests is absolutely vital to ensuring the best possible outcome.

You Deserve a Strong Defense

At George Reres Law, P.A., we know that life doesn’t always go according to plan—and it doesn’t take much for you to find yourself on the wrong side of the law, fighting for your freedom and your family’s future. You deserve a vigorous defense and you’ve come to just the right place for help. With extensive courtroom—and life—experience, our firm capably handles even the most complex murder and manslaughter cases.

Schedule a Consultation

The state has to prove your guilt beyond a reasonable doubt. Don’t sit idly by while the criminal court system gears up for its next big win. The sooner you involve us in your case, the sooner we can get to work gathering the evidence needed to combat these charges. Contact us today to schedule a confidential consultation with a member of our exceptional legal team.

Burglary is a serious offense in the Sunshine State. Since burglary crimes are always charged as felonies, even first-time offenders can face significant consequences if convicted.

Are you or someone you love under investigation for, or charged with, burglary or a related crime like criminal trespassing? Your freedom and future may hang in the balance. Understanding how these charges (and a subsequent conviction) could affect your life and family, as well as how an experienced burglary defense attorney can assist you, is absolutely vital.

Here’s what you need to know about Florida burglary cases, including why you should seek legal counsel as soon as possible.

How Burglaries and Robberies Differ

Though people often use “burglary” and “robbery” interchangeably in conversation, the terms have separate and distinct meanings under the law. Whereas robbery involves taking property from someone by force, or by threatening the use of force, burglary is characterized by these elements: unlawful entry and the intention to commit a crime.

Burglary Defined

Florida defines burglary as entering a dwelling, building, or vehicle with the intent to commit a crime. Criminal intent is key here—as a result, you could potentially be charged with burglary even if you didn’t break in and never actually took anything. For example, burglary charges may result from:

• Entering a residence, building, or vehicle by invitation with the intent to commit a crime inside
• Remaining in the structure or vehicle secretly—or after being asked to leave—with the intent to commit a crime
• Entering with the intent to commit a violent felony, such as robbery, carjacking, kidnapping, or sexual assault or battery

Types of Burglary Charges

In Florida, you can be charged with first-, second-, or third-degree burglary. The degree of the charge, as well as the severity of the possible penalties vary depending on the circumstances of the incident in question. However, because all burglary crimes are felonies, even a conviction for third-degree burglary—the least serious form of the offense—can carry potentially life-altering legal consequences. What follows is a brief overview of burglary charges and their penalties.

First-Degree Burglary

As a first-degree felony and punishable by up to life in prison, first-degree burglary is the most serious form of the crime. These burglaries can leave physical injuries and substantial property damages in their wake. You could face charges of burglary in the first degree if you:

• Assault or batter someone during the commission of the crime
• Have explosives or other dangerous weapons in your possession while committing the crime
• Use a car, truck, or other motor vehicle to commit the crime, causing damage to the dwelling, structure, or vehicle—or the property inside
• Cause more than $1,000 damage to the affected dwelling, structure, or vehicle, or its property.

Second-Degree Burglary

Second-degree burglary is a second-degree felony, punishable by an up to $10,000 fine and up to 15 years in prison. Lack of assault or battery and fewer damages is what distinguishes second-degree burglaries from their first-degree counterparts. You could face second-degree burglary charges if you:

• Burglarize a dwelling (a place intended for lodging)
• Commit a burglary while another person is inside the structure
• Commit a burglary while another person is inside the vehicle
• Burglarize an authorized emergency vehicle
• Burglarize a structure with the intention of stealing a controlled substance

Third-Degree Burglary

A third-degree felony, burglary in the third degree, is punishable by an up to $5,000 fine and up to five years in prison. The lack of assault or battery, significant damages, dangerous weapons, and people in the affected structure or vehicle at the time of the crime is what distinguishes third-degree burglary from first-degree burglary and second-degree burglary. You could face charges of burglary in the third degree if you:

• Burglarize an unoccupied structure
• Burglarize an unoccupied vehicle

Criminal Trespassing

Criminal trespassing isn’t a type of burglary. However, people charged with burglary may also find themselves facing this related charge. Under Florida law, a person commits criminal trespass when they enter—or remain—in a dwelling or vehicle without the owner’s permission. Unlike burglary crimes, which involve the intent to commit a crime, criminal trespassing just requires a general intent to trespass—no criminal intent is needed. The severity and type of criminal trespassing charges can vary, and heavily depend on the details surrounding the incident in question.

Repeat Offenders May Face Enhanced Penalties

Any burglary charge is serious, but this is particularly true for repeat offenders. In Florida, offenders with two or more felony convictions may be subject to sentencing enhancements for subsequent convictions. Factors that can affect the enhancement received include the seriousness of your current charge, as well as the gravity and number of prior offenses.

Common Burglary Defenses

• No criminal intent. Burglary hinges on the defendant’s intention to commit a crime once inside.
• Permission or invitation. A person invited in and given permission to stay hasn’t committed the unlawful entry element of a burglary crime. This type of defense could also be applied if you mistakenly believed you had the required invitation or permission.
• Public space. A burglary crime requires unlawful entry, which doesn’t apply to spaces that are open to the public.
• Alibi. For people mistakenly identified as having participated in a burglary crime, a reliable alibi can serve as a strong defense.

You Deserve a Defense

No matter what you’re accused of—or what you may have done—you deserve a vigorous defense. At George Reres Law, P.A., we proudly defend clients against burglary and other criminal charges, investigating and gathering the evidence needed to present a strong case for reasonable doubt.

Schedule a Consultation

Contact us today to schedule an appointment for a confidential consultation. Don’t underestimate the value of early representation. The sooner you hire us, the sooner we can approach the prosecutor with mitigating information that could potentially result in reduced or dismissed charges.

Dear Clients & Friends:

I have the great plassure of annoucing that George Reres Law, P.A. has merged with the Law Offices of H. Scott Hecker. Our expertise in Florida crimnal law will allow us to provide our clients with the experience and expertise they deserve.

We look forward to strengthening our relationship with clients as we begin this new venture.

We work for you—and only you. We advise you on the best course of action, protect you from making mistakes, and give you constant support as we work toward the best possible resolution to your case.

If you were arrested on criminal charges or have been accused of violating the terms of your probation, call us today at 954-543-1186 or fill out our contact form to set up your confidential consultation.