The Law Offices of André A. Rouviere has over 30 years of experience defending our clients in both Federal & State court. The charges brought against Mr. Rouviere’s clients have spanned from petty misdemeanors to capital offenses. Additionally, Mr. Rouviere has assisted clients with a wide range of personal injury claims. The subjects below outline just some of Mr. Rouviere’s areas of proficiency.
Criminal Defense
Drug Possession
Federal and State Drug Possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. It is also a criminal act to possess "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.
Those facing drug possession charges may have any number of defenses at their disposal. Contact André A. Rouviere to find out what defense his firm can prepare for your case.
Drug possession laws vary according to the drug type and amount. Possession of small quantities may be deemed "simple" possession, while possession of large amounts may result in a charge of presumed "possession with intent to distribute." Upon conviction, the court will impose a sentence in accordance with Florida state law based on the severity of the case and the convicted individual's past record.
If you are charged with possession of drugs, either for personal use or with intent to sell, André A. Rouviere can determine which defenses might apply to your case should you plead not guilty. Drug possession defenses can challenge the stated facts, testimony or evidence in the case; others target procedural errors, often search and seizure violations.
The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Andre A. Rouviere will pressure prosecutors to prove that the drugs found actually belonged to his client and that his client's rights are protected as per the Fourth Amendment to the Constitution.
André A. Rouviere will make sure prosecutors are able to produce the actual drugs for which you are being charged with and that the drugs have been tested to determine their actual content is that which is being charged as well.
If you have been charged with Drug Possession, Contact Law Offices of André A. Rouviere immediately at 305.774.7000 or Andre@RouviereLawFirm.com and let an experienced Criminal Defense Attorney help you TODAY!
Drug Trafficing & Distribution
Drug Trafficking/Distribution laws penalize the selling, transportation, and illegal import into the United States of unlawful controlled substances such as marijuana, cocaine, LSD, “club drugs”, methamphetamine, and heroin. Federal and state drug trafficking/distribution laws and punishments vary according to what drug it is, the amount of drugs, geographic area of distribution, and whether minors were victims of sale. Drug trafficking/distribution laws can implicate either a single individual or a large ring of people involved in organized illegal drug activity.
If you are suspected of or have been charged with Drug Trafficking/Distribution,
Contact the Law Offices of Andre’ A. Rouviere immediately at 305.774.7000 or at Andre@RouviereLawFirm.com
We can help you with your legal issues TODAY!
Drug Manufacturing & Cultivaiton
It’s a crime to grow, produce and possess certain plants, such as cannabis seeds and marijuana plants, and other naturally occurring elements used in the production of unlawful controlled substances according to Drug Manufacturing and Cultivation laws. It is also a crime to produce illegal controlled substances like cocaine, methamphetamine, LSD, and Ecstasy (MDMA), which require the use of certain chemicals and laboratory equipment in their production.
The Law Offices of André A. Rouviere will defend your rights if you have been charged with Drug Manufacturing and Cultivation.
Call 305.774.7000 immediately to speak with an attorney who will fight for your rights!
Driving Under the Influence (DUI) & Driving While Intoxicated (DWI)
The four alcohol offenses directly related to alcohol-related crimes are driving under the influence (DUI) or driving while intoxicated (DWI), minor in possession of alcohol (MIP), open container laws, consuming alcohol in public places, and public intoxication when public behavior is threatening or disturbing to others. DWI is the most serious and has the most severe penalty if convicted.
A DUI or DWI case begins with a simple traffic stop, one or more sobriety tests, and then, an arrest by a police officer. Once arrested on suspicion of a DUI, it is up to the district attorney’s office to file charges against the defendant. The exact nature of criminal charges related to drunk driving depends on a number of factors, including the defendant’s prior convictions, the severity of the offense, level of intoxication and whether the offense caused injury, aggravated DUI or death, felony DUI.
A DUI/DWI arrest is a very serious matter. It is not something to try to handle alone. A DUI arrest warrants the legal advice of a qualified DUI attorney like André A. Rouviere. DUI laws are highly centralized and specific and DUI cases are best handled by experienced DUI attorneys. André A. Rouviere will challenge specific aspects of your DUI charge based on his specialized knowledge of breathalyzers, blood tests and chemical testing procedures.
Call André A. Rouviere NOW, the legal system will not wait. 305.774.7000.
Available 24/7.
Involuntary Manslaughter
Involuntary Manslaughter, or criminally negligent homicide, is the unlawful killing of a human without malice aforethought, or by accident or “without criminal intent”. This unintentional killing could be the result of recklessness, criminal negligence or done in the commission of another, lower-level criminal act. The accidental killing of another motorist while driving under the influence of alcohol or drugs, also known as DUI, is one of the more common offenses to invoke an involuntary manslaughter charge. Sentencing guidelines vary however, defendants who are found guilty typically serve at least 12 months in prison.
Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter:
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Someone was killed as a result of an act by the defendant.
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The act either was inherently dangerous to others or done with reckless disregard for human life.
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The defendant knew or should have known his or her conduct was a threat to the lives of others.
André A. Rouviere will, as your defense attorney, attempt to cast doubt on at least one of these three elements to defend you from an involuntary manslaughter charge. The burden of proof falls on the prosecution to show that the defendant somehow caused another person’s death.
There are several defense strategies used to defend an involuntary manslaughter charge. The first being self-defense in which defendants must be able to prove they reasonably suspected they were protecting themselves or another person from imminent death or serious harm. Another legal defense could be that the killing was accidental. In the absence of negligence or recklessness, sometimes accidents happen. Then there is always the”I didn’t do it” defense….basic innocence. The prosecution has to prove that the defendant is indeed the one who committed the crime.
And just in case the state has insufficient evidence to charge you, André A. Rouviere will challenge the state’s case through investigations, reexamination of the evidence, interviews with witnesses and expert witnesses and other legal tactics.
Involuntary manslaughter at both the federal and state level is treated as a felony and usually carries a jail or prison sentence of at least 12 months, which is a light sentence for a homicide, plus fines and probation.
The base sentence for involuntary manslaughter under federal sentencing guidelines is a 10 to 16-month prison sentence, which would increase if committed through an act of recklessness. The minimum sentence for involuntary manslaughter committed with an automobile is higher still, although judges may use a certain amount of discretion.
The State of Florida gives give a range of possible sentences and allows judges discretion in determining what sentence to actually impose. In making their determination, judges look at aggravating and mitigating factors to decide how harsh of a sentence to hand down.
Contact Law Offices of André A. Rouviere immediately-
Start Planning Your Defense Today! 305.774.7000
First Degree Murder
In Florida, First-Degree Murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or “lying in wait” for the victim. The state of Florida divides murders into three different degrees.
First-degree murder, also called “capital murder”, represents the worst form of a homicide crime. It generally includes murders committed by people who willfully take a life after having a chance to think about what they are doing. The killing of law enforcement officers and murders committed in the course of violent crimes would also qualify as a first degree.
Florida adheres to a legal concept known as the “felony murder rule,” under which if a person commits certain violent felonies — usually arson, burglary, kidnapping, rape, and robbery, which result in an unintentional death, the state can charge them with felony murder.
Florida laws require that first-degree murder convictions include four basic elements: intent, deliberation, premeditation, and “malice aforethought”.
First degree murderers must have the specific intent to end a human life. This intent does not necessarily have to have been focused initially on the actual victim. Under Florida laws, killing through action showing a depraved indifference to human life can qualify as murder in the first degree as well.
The deliberation and premeditation acted on by a killer required for first-degree murder can only be determined on a case by case basis. Deliberation and premeditation must occur before, and not at the same time as, the act of killing.
For first degree murder, the highest level murder offense, convictions draw the harshest sentences of any crime. In Florida, all first-degree murder convictions bring either the death penalty or life in prison without the possibility of parole. An aggravated first-degree murder conviction draws life in prison without parole if the prosecution fails to convince the court or does not seek to impose the death penalty.
Defenses to the charge take many forms, from mistaken identity to self-defense to not guilty by reason of insanity. Which defenses a criminal defendant may have depended on the particular facts of the case in question. For guidance, defendants should consult with André A. Rouviere for an attorney well versed in Florida state’s criminal laws.
Law Offices of André A. Rouviere
Here to Fight for YOU! 305.774.7000
Second Degree Murder
Second-Degree Murder is defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable “heat of passion” or a killing caused by dangerous conduct and the offender’s obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter. Under the Federal Sentencing Guidelines, a judge can increase a second-degree murder sentence if the defendant’s conduct was exceptionally heinous, cruel, brutal, or degrading to the victim if the crime constituted a hate crime and if the defendant used a firearm in the commission of the crime.
What separates the essential elements of second-degree and first-degree murder is the perpetrator’s mental state at the time of the killing. The criminal act for both crimes is the same: both are killings of another person.
First-degree murder involves a premeditated killing. The killer planned to kill the victim and then did. Second-degree murder does not require premeditation. Three typical situations constitute second-degree murder:
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A killing was done impulsively without premeditation, but with malice aforethought
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A killing that results from an act intended to cause serious bodily harm
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A killing that results from an act that demonstrates the perpetrator’s depraved indifference to human life in which the killer had an utter disregard for the potential damage that their actions could cause
There are several defenses that could apply to a second-degree murder charge. Most defendants assert their innocence. Other defendants admit to killing the victim but claim some sort of justification. Attorneys call these types of defenses affirmative defenses. The insanity defense is often used as well as other defenses such as self-defense or intoxication, may it be voluntary or involuntary.
At the Law Offices of André A. Rouviere, we have 30 Years of Experience in Criminal Defense Litigation and are here for you.
Call 305.774.7000 to speak with an attorney about your case Today!
Voluntary Manslaughter
Voluntary Manslaughter occurs when someone intentionally kills another person, but acts in the moment or “heat of passion” with no prior malice, after provocation or in imperfect self-defense. The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first or second-degree murder.
The difference between voluntary manslaughter and murder is there is no malice aforethought involved with voluntary manslaughter, and there is no premeditation.
“Heat of passion” most often refers to an emotion that becomes irresistible and that an ordinarily reasonable person would experience under the same facts and circumstances. The irresistible impulse contrasts with the idea of premeditation present in first-degree murder.
A defendant facing a voluntary manslaughter charge might attempt to prove their innocence by claiming several defenses; they didn’t commit the crime, they were insane, their actions were justified in self-defense, or their behavior didn’t meet the elements of voluntary manslaughter. A defendant could also claim that the killing was accidental, which would then cause a reduction of the charge to an involuntary manslaughter charge.
The court will hand down the punishment that the state or federal government will impose upon the defendant after a defendant has been convicted of voluntary manslaughter by a jury. The exact sentence depends on a number of factors.
If you are suspected of or have been charged with a Homicide, this is a very serious charge!
It is in your best interest to call Law Offices of André A. Rouviere to meet with you TODAY for a free consultation 305.774.7000
Property Crimes ~ Shoplifting
Shoplifting is the theft of merchandise from a store or place of business or the taking or concealment of items being offered for sale. Shoplifting is also a type of larceny. Larceny is taking the property of someone else without their permission and with the intent to permanently deprive the owner of the property taken. Florida laws may refer to the crime by a different name, “retail theft”.
In Florida, shoplifting offenses include two elements:
1. willfully concealing or taking possession of items being offered for sale
2. the intent to deprive the items’ rightful owner (typically the store) of possession of the items, without paying the purchase price.
In the state of Florida, one can break shoplifting laws without attempting to get out of a store with stolen goods with only the intent to take the item from the store. However, the state of Florida considers the act of concealing merchandise to be evidence of intent to commit the crime.
Shoplifting laws also make it illegal to take actions to avoid paying the full purchase price for an item in addition to hiding an item to avoid paying for it. This can include manipulating merchandise, altering price tags and putting goods into packaging to avoid paying all or part of the purchase price.
In Florida, the range of shoplifting charges runs from a low-level misdemeanor, up to differing degrees of felony charges. The severity of shoplifting charges depends on the value of the goods involved or if firearms, explosives or incendiary devices are shoplifted, the severity of charges increases in Florida. Prior criminal convictions, specifically prior theft convictions, as priors may result in stricter charges.
Misdemeanor charges may result in jail time (less than one year), probation and/or a fine. Felonies may result in a longer jail sentence, probation and/or a larger fine.
Private citizens may not legally hold people against their will. The state of Florida has enacted statutes specifically authorizing stores and their employees to detain suspected shoplifters in certain circumstances. Store owners and their employees generally are allowed to detain an individual in a reasonable manner, when they have probable cause to suspect shoplifting. However, any such detention of a suspected shoplifter must be reasonable in length and manner. Detentions without probable cause may leave the store open to liability for false imprisonment and possibly other claims.
Contact Law Offices of André A. Rouviere at 305.774.7000 to get the real facts of your case and start planning your Defense Strategy Today!
Property Crimes ~ Larceny
Larceny is the taking of someone else’s property without permission or the taking of almost anything of value without the consent of the owner, with the intent to permanently deprive him or her of the property taken. Florida recognizes degrees of theft, such as “grand” or “petty,” which relate to the value of the property which was taken. Larceny is a specific intent crime. The person taking the property must have intended to commit larceny, there can be no larceny by mistake.
There are various stages required for larceny to be charged. You want to be sure top Defense Attorney André A. Rouviere is by your side throughout the entire overwhelming process.
The first stage in a larceny involves the unlawful taking of another’s property. The perpetrator has to have taken control of the property and removed its use and enjoyment from the owner for the first element of a larceny to be present.
In addition, the property in question must belong to someone else. If the property belongs to the person taking it, then they have not committed larceny, even if the property was in the possession and control of someone else at the time it was taken.
Larceny can occur also if the owner of the property doesn’t have possession of it, as long as the person in control of the property had a better legal claim to the property than the person who took it. People who co-own property can also commit larceny if they deprive their co-owner(s) of their right to the property.
Even if someone intends to steal, if the owner consents to the transfer of ownership of the property, no larceny occurs. No larceny would occur if the owner approves of the removal of the property.
The final element for larceny to be charged involves the taker’s intent to permanently deprive the owner of the use and enjoyment of the property. If eventually, the person who took the property intended to give it back, or if a person had reasonable belief that they owned the property they are taking, it does not constitute larceny.
Florida separates larceny into different categories based on the value of the item stolen. “Grand” larceny applies to higher-value items, and “petit” (or “petty”) larceny applies to items of lesser value. Some larcenies can be treated as felonies, and others can be treated as misdemeanors.
If you have been charged with a Larceny, make sure that your rights are defended.
Call Law Offices of André A. Rouviere Today to schedule a Free Consultation. 305.774.7000
Available 24/7
Property Crimes ~ Arson
Arson is committed when a person intentionally burns practically any kind of structure or building, not only a house or business. Florida recognizes varying degrees of arson based on several factors such as whether the building was occupied or whether insurance fraud was intended.
If you have been charged with Arson, let us defend your rights.
Call Law Offices of André A. Rouviere and meet with us for a FREE Consultation!
We are available for you 24/7 at 305.774.7000.
Property Crimes ~ Burglary
Burglary constitutes any unauthorized breaking and entry into any structure with the intent to commit any crime once inside. There is rarely a victim present during a burglary, unlike in a robbery. Physical breaking and entering is not a requirement of burglary. The offender may simply trespass through an open door. Even if nothing is stolen in a burglary, the act is a “Statutory Offense”
Under Florida State Statutes, “burglary” occurs when a person “enter[s] a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter. Depending on the circumstances of the crime, burglary can be classified as third-, second-, or first-degree felonies, with maximum sentences of five years, fifteen years, and life, respectively.
A defendant facing burglary charges needs a strong defense, as Burglary is a serious crime.
Contact the Law Offices of André A. Rouviere and get the job done RIGHT!
Available 24/7 at 305.774.7000
Property Crimes ~ Theft
Theft/Larceny is defined as the taking of almost anything of value without the consent of the owner, with the intent to permanently deprive him or her of the value of the property taken. Florida also recognizes various degrees of theft, such as “grand” or “petty,” which relate to the value of the property which was taken.
The worth of the property is key in this type of charge as grand theft or grand larceny, are classified as felonies. In cases where the property of relatively low value is stolen, petty or petit theft charges may result. Florida places a specific dollar figure, less than $300 value, as the upper limit for petty theft charges. These charges are typically misdemeanors that carry fines or jail times of less than a year. Still, even in cases of petty theft, major penalties may be placed due to repeat offender sentencing laws.
For cases involving more valuable stolen property, especially property whose value exceeds the limitations discussed above, an individual may face felony charges of “grand theft”. Felony charges are very serious and typically result in fines, restitution, and longer jail time.
An individual could have had a valid defense if they are able to establish that they had a good faith belief the property they took was theirs or that they had a valid claim to it, or even that they were intoxicated at the time the alleged theft occurred. If an individual was unable to form the required intent to steal, they may have a viable intoxication defense.
Each case is unique. Contact André A. Rouviere for his honest and professional opinion on your case.
Having one of these types of offenses on your record, or any felony, can carry significant consequences for offenders, including the convict’s inability to find employment. These convictions may be discovered in background checks or job applications and could disqualify job applicants. Additionally, resident aliens in the country may face deportation or other immigration consequences if convicted of a crime.
It is in your best interest to contact an Attorney, an expert in the law, today!
Law Offices of André A. Rouviere ~ 305.774.7000
Call Now! It’s Your Future at Stake!
Property Crimes ~ Robbery
The State of Florida defines Robbery as a theft or larceny of property or money through the offender’s use of physical force or fear against a victim. ln cases where a deadly weapon is used, or the victim suffers injury, the robbery may be charged as “armed” or “aggravated”. The crime of robbery almost always requires the presence of a victim who suffers actual injury, or is threatened with harm.
Robbery defendants have several different options for mounting a defense at trial. Defendants can attempt to convince the jury that the prosecution’s evidence doesn’t prove that they committed the crime beyond a reasonable doubt. They may also admit to performing the actions the prosecution has accused them of, but argue that certain facts remove their culpability for the crime otherwise known as an “affirmative defense”. If someone pushes the defendant into committing a robbery that they would not have committed otherwise, they could have an entrapment defense.
Contact Law Offices of André A. Rouviere to build the toughest strategy for your individualized Robbery defense.
Law Offices of André A. Rouviere ~ 305.774.7000
Property Crimes ~ Vandalism
Vandalism includes any willful behavior aimed at destroying, altering, or defacing property belonging to another. This may include graffiti found on billboards, defacing or destroying street signs, and building structures, broken windows, damage to vehicles like egging or keying, and even damage or destruction of a person’s website. While vandalism may be considered “art” by some, it is considered a crime against property. Vandalism, on its own, is often considered a non-violent crime that generally affects ones “quality of life”, but may escalate to more serious crimes.
Depending on the value of the property damage, vandalism is either a misdemeanor or felony offense. Penalties typically include fines, imprisonment in the county jail, or both. If convicted, one may also be ordered to wash, repair or replace the damaged property (known as “restitution”), and/or participate in a program to clean up graffiti and other forms of vandalism. A parent of a minor child may be ordered to pay fines resulting from their child’s vandal behavior under what is called, a parental liability theory.
It is possible to be charged with vandalism even if one is not actually caught in the act, after the fact, should there be witnesses, surveillance, or other evidence that might implicate one with the crime.
Defenses to vandalism typically include circumstances that might “mitigate” or lesson the penalties, such as indifference, accident, mischief, or creative expression.
Make sure all the facts are presented correctly in your case to ensure the best possible outcome.
Contact Law Offices of André A. Rouviere and schedule your free consultation today! 305.774.7000
Sexual Battery & Rape
Sexual Battery is one of the most aggressively prosecuted crimes in Florida and carries the most severe penalties of all sexual offenses. Sexual Battery cases often are based upon one person’s word against another’s.
In general, Florida Statute 794.011 defines Sexual Battery and Rape as: Nonconsensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person, or nonconsensual oral, anal, or vaginal penetration of another person with any object.
A person convicted of Sexual Battery or Rape would be facing a maximum sentence of life in prison, depending on what disabilities the victim had, and a minimum sentence of nine (9) years in prison. They would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.
There are two basic defenses to an accusation of Sexual Battery and Rape: consent, but only if the consent was found to be intelligently, knowing, and voluntarily made and coerced submission, if force, threats, or intimidation were used to compel the sexual interaction.
If an accuser alleges they feared for their life, physical safety, or the life and safety of a loved one, they can assert that they had no other alternative than to submit to a sexual act – thus they did not consent under the law.
Unfortunately, false allegations of sexual battery and rape are increasingly common in Florida and one of the primary reasons people find themselves accused of sexual battery and rape. As a result, it is critically important to investigate the accuser and expose any motive for making a false accusation of sexual battery or rape.
The Legal team of Law Offices of André A. Rouviere will dig deep to find those unrevealed details about your case and will develop a strong defense strategy. Call Now 305.774.7000
Statutory Rape
The crime of Rape (or “first-degree sexual assault” in Florida) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim’s inability to say “no” to intercourse, due to the effects of drugs or alcohol. Date Rape can occur when the offender and victim have a pre-existing relationship, or even when the offender is the victim’s spouse.
Under a variation of Rape, known as Statutory Rape, the state of Florida makes it unlawful for an adult to engage in sexual intercourse with a person who has not reached the age of consent, 18 years of age.
Unlawful Sexual Activity with a Minor; Statutory Rape
(Florida Statute 794.05)
Unlawful Sexual Activity with a Minor (Statutory rape) makes it illegal for a person 24 or older to have sexual intercourse with a 16 or 17-year-old, even if both parties consent to the sexual conduct. Importantly, ignorance of the victim’s age is irrelevant as a defense to the charge, even if the victim lied about his or her age or the accused had a bona fide belief the victim was old enough to give consent.
However, it is legal for a person who is between the age of twenty-three and sixteen (23 – 16) to have sex with a person who is sixteen (16) or seventeen (17) years old.
A person convicted of Unlawful Sexual Activity (Statutory Rape) would be facing a maximum sentence of fifteen (15) years in prison and a minimum sentence of approximately seven (5) years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.
If you or someone you know is suspected or being accused of committing a Sex Crime, you need an Experienced Criminal Defense Team to fight for you!
Law Offices of André A. Rouviere can help you! 305.774.7000
Lewd or Lascivious Acts
Lewd or Lascivious Acts are any offenses committed in a lewd or lascivious manner (sexual manner) on a person younger than sixteen. There are two important points that apply to any lewd and lascivious offense.
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Ignorance of the victim’s age cannot be raised as a defense to the charge,
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The Age of the accused is not a defense; meaning that if a 12-year-old were to have sex with a 14-year-old, either child or both could be prosecuted for the offense.
If you or someone you know is being accused of or has been arrested for a Lewd or Lascivious Act, It is in your best interest to contact an Attorney, an expert in the law, today!
Law Offices of André A. Rouviere ~ 305.774.7000
Call Now! It’s Your Future at Stake!
Prostitution
Prostitution laws make it a crime in Florida to offer to, agree to, or engage in a sexual act for compensation. The stages of a typical prostitution transaction can involve charges against the provider of services for prostitution, the customer paying for the services for Solicitation of Prostitution, and any middleman for Pandering or Pimping.
The official definition of Prostitution is “the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.” It is illegal to “solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” It is also illegal “to purchase the services of any person engaged in prostitution.”
Prostitution that involves underage children or other vulnerable persons will be classified as a second-degree felony that will result in a prison sentence rather than a misdemeanor.
A person who solicits a prostitute is also breaking Florida sex crime laws. If you have been questioned about soliciting a prostitute, or if you have been caught up in a sting operation conducted by law enforcement, this is a serious matter which could escalate to a more serious sex crime charge.
Don’t Delay in seeking legal representation from experienced Attorneys who know Florida sex crime laws and who can help you retain your freedom.
Contact Law Offices of André A. Rouviere if you have been charged with or are in danger of facing charges for a Prostitution or Solicitation.
305.774.7000 and online by using the website contact form.
You are innocent of any sex crime until proven guilty- Do Not Delay!
Indecent Exposure
Indecent Exposure is the deliberate exposure in public or in view of the general public by a person of a portion or portions of his or her body, in circumstances where the exposure is contrary to local moral or other standards of appropriate behavior.
In Florida, Indecent Exposure is considered a misdemeanor offense punishable by up to 12 months in county jail or a fine up to $1,000, possibly both. If accused, one would need to register as a sex offender. When this is combined with a criminal record, one’s livelihood could suffer severe consequences such as employment, housing, and future financial and educational opportunities.
Indecent Exposure requires that sexual organs were exposed by accused, the accused was in a public place, on the private premises of another, or near the private property of another as to be seen from those private locations, the accused intended exposure in a crude, offensive, lewd or lascivious method, or the exposure was enacted in a vulgar, indecent, lewd or lascivious manner.
While this is a smaller sex crimes offense, any Sex Crime is significant and if not taken seriously will have negative future ramifications. One could face fines, imprisonment and a lifetime of registration as a sex offender if found guilty of Indecent Exposure.
Contact Law Offices of André A. Rouviere and speak with an experienced Sex Crime Defense Lawyer about your case. 305.774.7000
Available 24 Hours a Day/ 7 Days a Week
Assault & Battery
An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
Simple assault is charged as a misdemeanor involving a threat to do violence to another person accompanied by the apparent ability to carry it out which causes the victim to fear that bodily injury may be imminent. A defendant can be charged with this offense without actually carrying out a physical injury.
Battery occurs when one actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person. It is charged as a misdemeanor unless there is a prior conviction, then it is charged as a felony.
A conviction of assault and/or battery may result in prison time. Whether or not one is convicted will depend on the facts of the case and the evidence presented.
Do not wait to contact an attorney. Call Now! It’s Your Future at Stake!
Law Offices of André A. Rouviere ~ 305.774.7000
Aggravated Assault & Battery
Aggravated Assault involves using a deadly weapon with the intent to commit a felony and is charged as a felony. Felony Battery occurs when one touches or strikes another and cause great bodily harm, permanent disability, or permanent disfigurement. When a deadly weapon is used to do this, it is charged as Felony Battery.
A conviction of Aggravated Assault and/or Felony Battery can result in prison time. Whether or not one is convicted will depend on the facts of the case and the evidence presented.
Do not wait to contact an Attorney. Call Now! It’s Your Future at Stake!
Law Offices of André A. Rouviere ~ 305.774.7000
Domestic Violence
“Domestic Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
The criminal charge for Domestic Violence is called “battery” in Florida. It is an offense that carries severe penalties which can include jail time, fines, a restraining or no-contact order, and mandatory anger management counseling. It will also be permanently on one’s criminal record.
If you have been charged with Domestic Violence or Battery, we offer a free initial consultation in order to offer you an honest, straightforward assessment of your case and your options.
Law Offices of André A. Rouviere ~ 305.774.7000
Call Now! It’s Your Future at Stake!
Criminal Harassment
Criminal Harassment is any form of harassment explicitly prohibited by criminal law. These laws typically target unwanted behavior that is aggressive and/or sexual in nature, but not physically violating.
Some types of Criminal Harassment are:
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Stalking is the willful and repeated following of an individual from place to place. Predatory stalking, which entails following targets for later acts (such as rape), is the most dangerous form of stalking and carries the harshest penalties under criminal harassment laws. Stalking is illegal in all 50 states at both a state and federal level. Offenders are subject to criminal prosecution and the victim can seek an Order of Permanent Restraint against the stalker.
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Verbal Harassment is any repeated, unwanted contact with a victim. Verbal harassment may be violent or aggressive in nature, but the victim only needs to be genuinely afraid for her well-being for it to satisfy the criteria for criminal harassment. First-time offenders rarely receive jail time, and courts will often issue protection orders to impede the harassment instead.
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Sexual Harassment includes unwanted sexual advances made towards the victim. Sexual harassment can occur anywhere–in public, at home, in school or at work–and the offender may be a stranger, a colleague, a friend or even a relative. Sexual harassment is illegal at both federal and state levels, and criminal harassment laws divide this type of harassment into categories depending on the severity of the behavior. Sexual harassment that escalates into physical contact, such as rape, carries the highest weight and the harshest penalties.
A conviction of Criminal Harassment is not to be taken lightly. Whether or not you are convicted will depend on the facts of the case and the evidence presented. Do not wait to contact an attorney.
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Law Offices of André A. Rouviere ~ 305.774.7000
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Stalking
Florida statutes define stalking as willfully, maliciously, and repeatedly following or harassing a person. Stalking occurs when one person is repeatedly harassed by another person, with behavior marked by persistent, unwanted contact and can cause fear and diminished quality of life. Depending on the nature of the harassment, the stalking will either qualify as a misdemeanor or felony.
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Misdemeanor Stalking in the First Degree involves the repeated, persistent and malicious harassment or following of a person. The harassment must cause significant emotional distress to satisfy the legal definition. Breaking this statute carries a possible prison sentence of up to one year.
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Felony Stalking in the Third Degree includes all the elements of misdemeanor first-degree stalking with the addition of a threat that would put a reasonable person in fear for his life or safety. The threat must be against the life of the victim or a threat of serious bodily injury to the victim. Family members of the threatened person are also covered by this law. The punishment for breaking this statute is imprisonment for up to five years.
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Aggravated Felony Stalking in the Third Degree occurs if a protective injunction is granted against a person to prevent further acts of repeated, malicious harassment and cyberstalking, and he then makes a threat against the life of the victim or threatens serious bodily injury to the victim. The harassment alone against a person under 16 is also felony aggravated stalking in the third degree. If found guilty, a person may face up to five years in prison.
It is in your best interest to contact an Attorney, an expert in Criminal Defense, Today!
Law Offices of André A. Rouviere is here to help you!
24 Hours/ 7 Days a Week at 305.774.7000
Hate Crimes
Florida law defines Hate Crimes as crimes against people or property based on an individual’s religion, race, or sexual orientation. These crimes have been recorded in Florida only since 1991. Additional important statistics from the report include the following:
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Miami-Dade County had a total of 11 hate crimes in 2010, five were based on race, three on religion, and one on sexual orientation.
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Monroe County only had one incident of hate crime, which was based on sexual orientation.
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Race is the leading motivation of Florida hate crimes, with 46.3 percent of all hate crime cases being attributed to race.
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21.5 percent of Florida hate crimes were based on sexual orientation.
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19.5 percent of Florida hate crimes were based on religion.
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12.7 percent of Florida hate crimes were based on ethnicity/national origin.
If you or someone you know has been charged with a Hate Crime in South Florida, protecting your legal rights should be your first priority.
It is in your best interest to contact an Attorney, an expert in the law, today!
Law Offices of André A. Rouviere ~ 305.774.7000
Kidnapping
The term “Kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
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Hold for ransom or reward or as a shield or hostage.
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Commit or facilitate commission of any felony.
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Inflict bodily harm upon or to terrorize the victim or another person.
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Interfere with the performance of any governmental or political function.
A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life.
A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:
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Aggravated child abuse
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Sexual battery against the child
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Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition
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A violation relating to prostitution, upon the child; or
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Exploitation of the child or allowing the child to be exploited,
commits a life felony.
Kidnapping is a very serious crime in Florida. False imprisonment often accompanies the misdemeanor charge of domestic battery. Just because your significant other (girlfriend/boyfriend/husband/wife/etc) wants the charges dropped, they will not just go away.
If accused, you should refuse to talk with the police, and then immediately call an expert in the law, today!
Law Offices of André A. Rouviere ~ 305.774.7000
Crimes Against Children
Unfortunately, the most vulnerable and innocent victims of crimes are children. Children often suffer from many crimes placed upon them by a parent, caretaker or even a stranger. Criminal abuse, neglect and exploitation, such as through child pornography are several examples of crimes against children. Child-related crimes are punished severely. Child cruelty laws in Florida as well as in almost all states require reporting by school officials, nurses/doctors, and police staff when they become aware that a child is abused or exploited.
If you are suspected or being accused of committing a crime, you need our Criminal Defense Team to fight for you!
Law Offices of André A. Rouviere can help you! 305.774.7000
Fraud & Financial Crimes
Another form of theft/larceny is Fraud and Financial Crimes. This is when a person or entity takes money or property or uses them in an illicit manner, with the intent to gain a benefit from it. These crimes typically involve some form of deceit or abuse of a position of trust, which is what makes these crimes different than theft or robbery. Fraud and Financial Crimes can take many forms. The more common examples are:
• Bribery
• Fraud
• Forgery
• Embezzlement
• Credit / Debit Card Fraud
• Identity Theft
• Insurance Fraud
• Money Laundering
• Mortgage Fraud
• Pyramid Schemes
• Racketeering / RICO
• Securities Fraud
• Tax Evasion / Fraud
• Telemarketing Fraud
• White Collar Crimes
• Wire Fraud
If you or someone you know is suspected of or being charged with a Fraud or Financial Crime, you need the help of Law Offices of André A. Rouviere to begin to plan your defense strategy as soon as possible! 305.774.7000
Available for you! 24 hours a day/ 7 days a week
Computer Crimes
Computer Crimes can encompass an array of possibilities as many offenses which are charged as crimes anyway, can also be implemented using the computer. State laws prohibit a person from performing certain acts without authorization, including, accessing a computer, system,or network; modifying, damaging, using, disclosing, copying, or taking programs or data; introducing a virus or other contaminant into a computer system; using a computer in a scheme to defraud; interfering with someone else’s computer access or using encryption in aid of a crime; falsifying e-mail source information; and stealing an information service from a provider.
Call Law Offices of André A. Rouviere for a free consultation! 305.774.7000
Public Safety Violations
Behavior that could be considered disruptive or threatening to public safety is considered a Public Safety Violation. Disturbing the peace, also known as breach of the peace, is a criminal offense that occurs when a person engages in some form of disorderly conduct. Examples could be fighting or threatening to fight in public, or causing excessively loud noise, by shouting, playing loud music during the night, or even allowing a dog to bark excessively in a residential area. When a person’s words or conduct jeopardizes others right to peace and tranquility, he or she may be charged with disturbing the peace.
One of the requirements to charge one with a public safety violation would be that the person’s conduct must have been on purpose (willful) or with bad intent (malicious). If fighting was involved, it must have been unlawful, and not in self-defense or to defend someone else.
Disturbing the peace is a misdemeanor criminal offense. A person charged with disturbing the peace may face jail time of up to 90 days, fines up to $400, or both.
Contact Law Offices of André A. Rouviere and begin to plan your defense strategy today! 305.774.7000
Crimes Against Justice
Crimes Against Justice are crimes directed at the courts, governing bodies, and public officials, such as lawmakers and police officers. These crimes are usually comprised of disorderly or disrespectful conduct which questions the authority or intelligence of the legal system. This could include but not be limited to; perjury or lying under oath, contempt of court, or insulting conduct during a court ruling or fleeing from justice in a probation violation. Crimes that fall into this category carry similar consequences and penalties as other crimes, including fines and jail time.
André A. Rouviere has been defending Crimes Against Justice for 25 Years and will use that expertise in defending your case too!
305.774.7000 Call 24 hours/7 Days
Other Crimes
Law Offices of André A. Rouviere has over 30 years of experience defending our clients in all of the above offenses.
We have also successfully defended clients charged with:
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Criminal Foreitfure
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Criminal Fraud
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White Collar Crime
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Evading Arrest
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Wire Fraud
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Vehicular Offenses
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Extortion
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Criminal Conspiracy
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Forgery
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Property Destruction
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Countless other Federal & State offenses
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Personal Injury
Slip & Fall
Slip and fall is a claim or case based on a person slipping (or tripping) and falling. It is based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip. The general perception is that slip and fall injuries are the fault of the victim. Many times, that is not the case.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Car Accident
Law Offices of André A. Rouviere can help you recover from the financial strain a car accident can place on you by negotiating with the insurance company to fairly compensate you. In some cases, it is necessary to sue for your lost wages, medical bills, emotional distress and for pain and suffering.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Truck Accident
If you or someone you know has been injured by the negligence of a truck driver, Law Offices of André A. Rouviere can help you recover from the financial strain an accident can place on you by negotiating with the insurance company to make sure you are fairly compensated. In some cases it is necessary to sue for your lost wages, medical bills, emotional distress and pain and suffering.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Motorcycle Accident
Automobiles and trucks sometimes have trouble sharing the road with motorcycles. Law Offices of André A. Rouviere can help you recover from the financial strain a motorcycle accident can place on you by negotiating with the insurance company to fairly compensate you. In some cases it is necessary to sue for your lost wages, medical bills, emotional distress and pain and suffering.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Boating Accident
Boating accidents can be detrimental. Law Offices of André A. Rouviere can help you recover from the financial strain a boating accident can place on you by negotiating with the insurance company to fairly compensate you. In some cases, it is necessary to sue for your lost wages, medical bills, emotional distress and pain and suffering.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Bicycle/Pedestrian Accident
Automobiles sometimes can have trouble sharing the road with bicyclists and pedestrians. Law Offices of André A. Rouviere can help you recover from the financial strain an accident can place on you by negotiating with the driver’s insurance company to fairly compensate you. In some cases, it is necessary to sue for your lost wages, medical bills, emotional distress and pain and suffering.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Medical Malpractice
Medical malpractice is defined by Wikipedia as professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. If you believe you are a victim of medical malpractice.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Products Liability
Products liability refers to the liability of any or all parties along the chain of manufacture for a product that has caused damage. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). If you or someone you know has been injured by a product containing an inherent defect that caused harm and they were either the consumer of the product, or someone to whom the product was loaned, given, etc.
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. Available 24/7.
Wrongful Death
Wrongful death is death which is caused by another person’s negligence without intent to cause harm. Wrongful death can be caused by one of many unfortunate events such as automobile or airplane accidents, occupation exposure to hazardous conditions or circumstances, criminal behavior or during a supervised activity. If someone you love has died due to someone else’s negligence contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000 and find out what your legal rights are. Available 24/7.
Enviornmental Injury
Are you suffering due to someone else’s willful toxic pollution of the environment?
Contact the Law Offices of André A. Rouviere today for your free consultation at 305.774.7000. We can help you determine who is liable and how you can become compensated for the damages to your health. Available 24/7.