Tampa Criminal Lawyer Blog

Published on: November 16, 2012

CHAMIQUE HOLDSCLAW ARRESTED FOR AGGRAVATED ASSAULT WITH A FIREARM IN GEORGIA

Former WNBA superstar Chamique Holdsclaw turned herself into the Atlanta Fulton County Jail Thursday night after a warrant was issued for her arrest. Holdsclaw is accused of committing an Aggravated Assault, causing Criminal Damage to Property of another, in addition to Reckless Conduct. Holdsclaw, a former All-American for the University of Tennessee Lady Volunteers and a perennial WNBA All-Star, is accused of bashing out the windows of her ex-girlfriend’s SUV and shooting a 9MM handgun through the back driver’s side window and into the back passenger door.

Victim and ex-girlfriend Jennifer Lacy told police that Holdsclaw showed up to one of her workouts and asked for her keys to put something in her car. When Lacy got in her vehicle she was alerted by the smell of gasoline and noticed Holdsclaw following her. Lacy then went to a friend’s house only to be followed by Holdsclaw. Upon arrival at the house Holdsclaw became enraged and the above mentioned incident occurred while Lacy was still in the driver’s seat of her vehicle.

Regardless of State, any Tampa criminal lawyer will tell you that when a firearm is present or discharged during the commission of a crime, the situation gets serious in a hurry! Were this incident to have occurred in Florida, I believe Holdsclaw would be facing Aggravated Assault with a Firearm charges, amongst others. Simple assault is a threat, either through words or actions, to do violence to another person while having the apparent ability to do so, and doing an overt act that creates a well founded fear in the victim that violence is imminent. An aggravated assault is an assault when using a deadly weapon, in this case a handgun. Florida and Federal law takes crimes of this nature very seriously. In Florida, Holdsclaw would be facing a minimum mandatory 20 year prison term per Florida Statute 775.087(2)(a)(2) due to discharging the firearm in the commission of the aggravated assault. Without a charge reduction negotiated between a criminal defense attorney and Prosecutor, both the Prosecutor and Judge are bound by statute to a sentence of at least 20 years.
Continue reading →

Published on: November 15, 2012

Waffle House CEO Accused of Forcing his Former Personal Assistant to Perform Sexual Acts Upon Him

By Mayberry Law Firm

Waffle House CEO Joe W. Rogers Jr. is accused of forcing his former personal assistant to “perform sexual services” as a part of her employment with him. Rogers is accused of going so far as requiring his former assistant to “masturbate him” as part of her employment. The assistant further alleges that on numerous occasions Rogers attempted to force himself on her and requested oral sex.

Aside from the above referenced acts it is alleged that Rogers’ assistant was forced to often purchase pornography for him and was made to appear naked in front of him. Rogers’ accuser claims the inappropriate conduct began in 2003 and carried through until her resignation on June 29, 2012 upon learning that her son earned a college scholarship. The accuser claims to have remained in her job despite the abuse because she was a single mother and needed the income to support her family.

Not only might Rogers face a significant civil lawsuit, should the Atlanta prosecutor’s office elect to pursue these charges he could face some very embarrassing criminal charges. Because this is a Florida legal blog we will attempt to explain what would happen if Mr. Waffle would have conducted himself in this manner in Florida.

Oddly enough, Rogers would not face a sexual battery charge, as, according to this report, there was no oral, anal, or vaginal penetration of any kind. Without penetration, there is no sexual battery. Rogers would escape any kind of lewd and lascivious battery charges or molestation as again there was no penetration and his alleged victim is over the age of 16. At the end of the day, were this act in Florida, despite his perversion Rogers would likely only face a first degree misdemeanor battery charge and a second degree misdemeanor charge of indecent exposure.
Continue reading →

Published on: November 14, 2012

Oklahoma Dad Arrested for Child Abuse and Neglect for Locking his Toddler in a Dog Cage

By Mayberry Law Firm

Father of the year voting in Tulsa, Oklahoma just got a little more interesting with the entry of William Todd Lewallen. Lewallen is charged with child abuse by neglect for locking his 18 month old little girl in a dog cage while he elected to nap with the help of narcotic pain killers and muscle relaxers. Lewallen is also said to have locked his 4 year old out of his home in temperatures in the low 40s.

Were Lewallen’s case in Florida he would be facing similar charges and potentially more. No doubt Lewallen would be charged with a count of Aggravated Child Abuse per Florida Statute 827.03(1)(a) and 827.03(2)(a). Florida accounts for this exact scenario, making the act of willfully and unlawfully caging a child a first degree felony, punishable by up to 30 years in prison, a $10,000 fine, in addition to many unpleasant evenings with new found Department of Corrections friends.

Along with Aggravated Child Abuse charges, Will the thrill would face Child Abuse by Neglect charges for negligently failing to provide his 4 year old with shelter and supervision, a third degree felony punishable by up to 5 years in prison and a $5,000 fine. If the State could prove Lewallen purposefully locked the 4 year old out of his house in low temperatures or with the expectation of low temperatures, the State could make a third degree felony count of Child Abuse by showing the act of locking the door as an “intentional act that could reasonably be expected to result in physical or mental injury to a child.”
Continue reading →