A person's freedom is one of the most important rights to be preserved. If you have been arrested or charged with a crime in the Tampa area, it is crucial that you understand what is at stake. It is imperative that you retain an experienced and knowledgeable criminal lawyer who will fight to get your charges dropped or reduced, and who will ensure that your rights remain protected.
Omar Abdelghany has won hundreds of cases in Florida criminal courts and dedicates his legal practice exclusively to defending people accused of criminal conduct. Once you retain our firm, we will begin constructing the best possible defense on your behalf, and we will keep you apprised of the status of your case at every step of the way. Call our office 24/7 to speak with Attorney Abdelghany about your case. Our #1 goal is to protect your future and get you the best possible outcome.
Many people fear that if the State has sufficient evidence to charge them with a crime, it has enough evidence to obtain a conviction. However, defendants often can raise substantive or procedural challenges to the charges. The prosecution has the burden of proving each element of the crime beyond a reasonable doubt, so a defendant should be able to avoid a conviction if they can defeat any part of the prosecution’s case. Tampa criminal defense attorney Omar Abdelghany handles charges related to misdemeanors, felonies, and federal crimes. He carefully investigates police reports and other evidence surrounding the case, while discussing the events with his client to make sure that he understands their side of the story.Drug Crimes
Under Florida law, it is illegal for anyone to sell, possess, manufacture, or deliver a controlled substance. These include opioids, non-medical marijuana, cocaine, and methamphetamines. Drug charges can range from a first-degree misdemeanor to a first-degree felony, depending on the type and quantity of the drug that a person is charged with possessing. If you are charged with a drug crime, there are numerous defenses that you may be able to assert. For example, you may be able to show that the drug was not under your control at the time of your arrest, or that the police violated your rights when they seized the drugs or other evidence.Domestic Violence
Due to the serious nature of domestic violence crimes, they often carry increased penalties, including the loss of the right to own a firearm, a restraining order, and imprisonment. In some cases, a criminal defense attorney in the Tampa area may be able to argue that a defendant was acting in self-defense or that the accuser consented to the conduct. Additionally, while all reports of domestic violence should be taken seriously, false allegations of domestic violence sometimes are made to get leverage in a dispute within the relationship. If your attorney can show that the accuser lacks credibility, you may be able to defeat the charge.Burglary
In Florida, burglary is defined as entering or remaining in a structure or dwelling with the intent to commit a crime, unless the property was open to the public at the time of the alleged burglary, or unless the defendant was permitted to enter or remain in the property. Burglary charges range from first- to third-degree felonies, depending on the crime that the defendant committed or attempted to commit while in the property. Since burglary is a crime that requires the State to prove that the defendant was not permitted to enter or remain in the property, a defendant who can prove that their presence was lawful should avoid a conviction. Similarly, if a defendant can establish that he or she did not intend to commit a crime while in the property, the State may be unable to prove the elements needed to obtain a guilty verdict.DUI
DUI charges are common throughout Florida. To obtain a DUI conviction, the State must establish that a person was driving or exercising physical control over a motor vehicle while under the influence of alcohol or drugs to the extent that he or she was impaired, or with a blood alcohol level of .08% or higher. In most DUI cases, a defendant is arrested following a traffic stop. Thus, if a Tampa criminal defense lawyer can prove that the officer did not have a reasonable suspicion that a crime was being committed prior to making the stop, any evidence obtained during the stop may be inadmissible. In other words, if a defendant did not commit a traffic violation and was not driving erratically, the State may not be able to prove that the stop was justified. In other cases, an attorney may be able to challenge the results of field sobriety or chemical tests.White Collar Crimes
White collar crimes are typically crimes of a financial nature that are committed by executives, brokers, or government officials. Identity theft, securities fraud, and Ponzi schemes are examples of white collar crimes. While cases involving white collar crimes are usually more complex than other criminal cases, the State still must prove each element of the crime alleged to obtain a conviction. For example, intent is an element of many white collar crimes. A defense attorney may be able to show that the defendant did not act with the intent required by the statute, or that the State does not have enough evidence to prove another element of the crime.Theft Crimes
In Florida, it is illegal to take the property of another party without their consent. Theft crimes range from petit theft, which is a second-degree misdemeanor involving the taking of property worth less than $100, to first-degree grand theft, which is a first-degree felony in which the property taken is worth more than $100,000. A conviction for petit theft can result in a 60-day sentence of imprisonment, while a person convicted of first-degree grand theft may face many years in prison. Among other strategies, a criminal defense lawyer in Tampa may be able to argue that a defendant had the consent of the owner of the property or that the defendant reasonably believed that they had the owner’s consent.Violent Crimes
Violent crimes often carry harsher penalties than other crimes, although the penalties will vary depending on the offense with which a person is charged. Assault, robbery, murder, and rape are examples of violent crimes. In all criminal cases, including cases involving violent crimes, the State bears the burden of proving that the defendant committed the crime alleged beyond a reasonable doubt. Often, a defense attorney can show that the defendant acted in self-defense or defense of others. The Stand Your Ground law sometimes plays a role in cases involving violent crimes in Florida. This allows a person to use deadly force if they fear imminent death or great bodily harm.Juvenile Charges
Criminal convictions may harm anyone's rights and reputation, but they are especially harmful when the person convicted is a minor. Parents in Tampa should hire a criminal defense lawyer to protect the future of their children. In Florida, the process for juveniles charged with crimes differs from the process for adults, focusing on rehabilitation rather than punishment. In most cases, juvenile criminal charges are handled by the Juvenile Justice System. Following the initial arrest or investigation, the police will submit a formal complaint to the Assistant State Attorney, who will determine if there is sufficient evidence to charge the juvenile with a crime. If the juvenile is charged, he or she will be arraigned and enter a plea. Ultimately, an adjudicatory hearing may be held in front of a judge, during which the judge will determine whether the juvenile is delinquent.Federal Charges
If a person commits an illegal act on federal property or a crime that crosses state lines, they may be charged with a federal crime. Additionally, the federal government has sole jurisdiction over certain matters, such as the United States mail, and any crimes involving those matters, like mail fraud, will be charged in federal courts. When a person is suspected of committing a federal crime, an investigation will be conducted by a grand jury, which is a group of impartial citizens. If the grand jury determines that there is sufficient evidence to file charges against the person, he or she will be indicted. The defendant will then be arraigned, during which he or she will enter a plea. Many of the defenses available in state criminal cases, such as defenses based on constitutional rights, can be asserted in federal cases as well.Consult a Criminal Defense Attorney in Tampa
If you are charged with a crime, it is prudent to consult a knowledgeable attorney regarding your options for seeking a successful outcome. Omar Abdelghany regularly represents people in Tampa, St. Petersburg, and other cities throughout Hillsborough, Pinellas, Pasco, Manatee, and Sarasota Counties. You can contact Mr. Abdelghany via the form online or at (813) 461-5291 to schedule a confidential and free consultation to discuss your case.