Orlando Criminal Defense Services

Orlando Criminal Defense Attorney – Jon H. Gutmacher JON H. GUTMACHER, ESQ. Attorney at Law

Criminal Cases Handled

As a criminal defense attorney Mr. Gutmacher has handled over one hundred jury trials in the criminal field of law as lead criminal trial counsel. While many criminal trial attorneys will handle any type of criminal case, Mr. Gutmacher tries to concentrate his criminal practice into a more narrow area of practice as follows:

AGGRAVATED ASSAULT

Aggravated Assault is one of the most common charges that Mr. Gutmacher is retained to defend as a criminal trial attorney. He has handled these criminal cases both in the Central Florida area, as well as throughout the State of Florida. Cities he has handled criminal cases include Ft. Lauderdale, West Palm Beach, Sanford, Daytona Beach, Orlando, Tampa, Viera, Jacksonville, and other areas of the State. The crime of aggravated assault usually occurs where a victim alleges that the defendant made a felonious threat of immediate ("imminent") violence with a deadly weapon that the victim reasonably perceived was about to occur, and placed the victim into reasonable fear of imminent harm. When committed with a firearm it carries a mandatory minimum prison sentence of three years, and a maximum sentence of five years. Mr. Gutmacher feels that these charges generally fall into one of three areas. First, he feels that many are completely unfounded, and are the result of the alleged "victim" trying to gain leverage over the defendant, cover up their own wrongdoing, or done as a "pay back". Likewise, a small percentage involve a completely legitimate "self-defense" situation where law enforcement made an unwarranted arrest. Lastly, he has found that in some, the defendant was at fault, but often this is an overreaction to a criminal act or series of criminal acts by the "victim". In all of these instances a substantial defense must be mounted against the criminal charges in order to prevail, or where the client is so inclined, to get the case to the point where the State will plea bargain to less than a prison sentence. If you have been arrested on such a case, and are considering hiring Mr. Gutmacher as your attorney, we urge you to make an appointment on an expedited basis as getting Mr. Gutmacher involved as your criminal trial attorney as early as possible in the process is often critical to the outcome of the defense. Read More On Aggravated Assault Charges In Florida

AGGRAVATED BATTERY

Aggravated battery may occur usually in one of two ways. The first is where the alleged victim is injured by a defendant using a deadly weapon. The second is where the alleged victim suffers “great bodily harm” due to the attack of the defendant. If a firearm was discharged in the commission of the crime, there is a mandatory minimum sentence of at least 20 years. If a firearm was merely carried, but not discharged during an aggravated battery - the minimum mandatory prison sentence is ten years. If you have been arrested on such a matter, please do not hesitate to consider Mr. Gutmacher as your criminal lawyer. Read More On Aggravated Battery Charges In Florida

MURDER & MANSLAUGHTER

Homicide includes manslaughter, and all degrees of murder. Mr. Gutmacher has handled both homicide and manslaughter trials, including being lead criminal defense counsel in a death penalty case. Obviously, these cases require substantial dedication and time to handle. Therefore, the financial commitment of a client is also substantial. Read More On Homicide Cases

SELF DEFENSE ISSUES

As the author of the leading book on firearms, weapons, and self defense related issues in Florida (ie: Florida Firearms – Law, Use & Ownership), Mr. Gutmacher has handled a large number of cases that deal with crimes of this nature. Besides being the author of the book on this subject, Mr. Gutmacher is a former prosecutor, former police legal advisor, current NRA Certified Firearms Instructor, and staunch Second Amendment proponent. He is referral counsel for the NRA, and Gun Owners of America. It is his belief that when handling a case of this nature it is important to have an attorney who has first hand experience and training in the weapons field, and is a proponent of self defense and pro-firearms issues. Many of the criminal charges in this area of the law have unique defenses. Having a criminal trial lawyer who has a daily involvement with gun and weapon issues can be extremely important. Moreover, many of these charges also carry mandatory minimum prison sentences of three or more years. That means that if convicted – the mandatory prison sentence is the “least” sentence a judge may impose, even if the judge feels the sentence is unfair. Read More On Self Defense In Your Home

RESISTING ARREST & BATTERY ON AN OFFICER

It is the opinion of Mr. Gutmacher, from years of criminal defense and civil rights experience, that many of these cases are totally falsified in order to cover-up police misconduct, or are purely “paybacks” from angered police officers. These cases are the ones that most often wind-up as civil rights cases against the police once the criminal charges are disposed of. Mr. Gutmacher handles these matters both on the felony and misdemeanor level. However, they are often more complicated than you would expect, and getting a good result is the result of hard work and experience. If you think you would like to retain Mr. Gutmacher as your criminal defense attorney – please give us a call to set a consultation. Read More On Resisting Arrest In Florida

IMPROPER EXHIBITION OF A FIREARM OR OTHER WEAPON

As a criminal defense lawyer, Mr. Gutmacher has handled numerous gun charges and weapon related charges. This is a special area of interest to Mr. Gutmacher, and is an area he is constantly writing about, and thinking about. If you want that type of background in a criminal defense attorney – please do not hesitate contacting us. Mr. Gutmacher handles these cases throughout the State of Florida. Read More On Technical Weapons Crimes

POSSESSION OF FIREARM BY CONVICTED FELON

Possession of a firearm by a convicted felon can be either “constructive” possession or “actual” possession. While there is no mandatory minimum prison sentence for constructive possession, there is a three year minimum mandatory prison sentence for actual possession, with a possibility of up to five years imprisonment. Handling these cases successfully is not easy, however, defenses do exist, and plea bargaining may keep you out of prison.

CRIMINAL MISCHIEF

The intentional injury to property of another is a crime. It can range from a misdemeanor to a felony depending on the dollar amount of damage, and where or what the damage was done to. Orlando criminal attorney, Jon H. Gutmacher, has handled a number of these cases, and can help you either in a trial or a plea negotiation.

AIRPORT ARRESTS

Every year a number of people are arrested because they forget they have weapons or ammunition in their baggage. In many of these instances it is possible to have the charges dropped if proper authorities can be convinced that the carry was purely accidental. Such representation involves dealing with the FBI (Federal Bureau of Investigation), TSA (Transportation Security Administration), and local authorities. Even if charges are filed – there are defenses to these cases, both state and federal. If you are involved in such a situation, and are seeking private counsel – retaining counsel at the earliest possible time is essential to the best outcome. Please feel free to contact Mr. Gutmacher for an expedited appointment. Read More On Airport Arrests

THEFT & FRAUD CASES

In recent years many people have been charged with thefts by employers, where the defendants were entirely blameless, and are mere victims of circumstances, misunderstandings, or are actually victims themselves – being set up to take the “fall” for someone else. This can be especially true in internet fraud schemes where people are asked to cash checks for others, not knowing the checks are bogus. Likewise, charges of more common instances of fraud are often unfounded. A conviction or plea to any of these charges will likely follow the defendant for the rest of their life making employment difficult. While these cases can run the gamut of being either very simple – to extremely complicated – Mr. Gutmacher, as a criminal defense attorney, has handled many of these . Whatever your situation, Mr. Gutmacher will give you the benefit of over twenty five years of criminal defense experience in handling your case. Please give us a call to set a consultation on these very important matters. Read More On The Crime Of Theft In Florida

TRESPASS & ARMED TRESPASS

Trespass can be basically defined as unlawfully coming on, or staying on the property of another when you are on notice that your presence is not wanted. As such, trespass is a fairly clear cut crime in Florida, but has really been abused in commercial applications. As a general rule, you cannot be guilty of "trespass" unless you have been properly warned that your presence is not permitted, or no longer permitted on the subject property. The warning may be verbal, and sometimes may be written. In a nutshell, if you enter the subject property having been "legally" pre-warned not to – you have committed the crime of trespass. Likewise, if you fail to leave property after being warned to do so by someone with greater authority than yourself – you also commit the crime.

The statutes governing this crime are found in Chapter 810 of the Florida Statutes. The first section is Florida Statute 810.08 that covers "Trespass in a structure or conveyance". This section states anyone who "without being authorized, licensed, or invited" who "willfully enters or remains in any structure or conveyance", or is warned by the owner or lessee of the premises or a person authorized by the owner or lessee to depart, and then refuses to do so – commits the offense of trespass in a structure or conveyance. Read More On Trespass Charges In Florida

FALSIFIED CHARGES

We live in a world where many people will lie, even under oath, for their own purposes. In many of these cases – the true victim is the person falsely accused by another – or mistakenly accused. Likewise, when police do an inadequate investigation – many times the wrong person is arrested. As a criminal defense attorney, Mr. Gutmacher is keenly aware of these circumstances – and has handled a great many cases where such charges are involved. Because Mr. Gutmacher is one of the few attorneys who also handles civil cases involving false arrest, and malicious prosecution – he feels he is able to focus on the key elements of the unique defenses involved in these Orlando Criminal Defense Attorney – Jon H. Gutmacher matters. If you feel you were falsely or wrongly accused – we urge you to consult Mr. Gutmacher about your case.

REPEAT VIOLENCE & DOMESTIC VIOLENCE INJUNCTIONS

In my experience many repeat and domestic violence injunctions are based on falsified charges, usually as “pay back” for botched romances, infidelity by one spouse, or to gain financial or custodial advantages in divorce situations. The mistake most people make is trying to handle the initial hearings by themselves. If you do – you’ll likely lose, and botch up any possibility of straightening it out, later on. You only get one evidentiary hearing, and it is almost always in your best interest to continue it in order to get time to take discovery depositions, and gather evidence. If you don’t – and you lose – you will have no basis for an appeal, and it’s likely the injunction will affect your job, future promotions, custody issues, and will cost you your ability to own or possess firearms and other weapons. Orlando criminal attorney, Jon H. Gutmacher, has handled a number of these cases, and knows how important they are to the client. He would welcome your consideration in representing you.

STALKING

Stalking can be either a felony or misdemeanor, depending on the facts. Many times the alleged conduct is justified, and does not amount to stalking under the law. Likewise, there are many instances where the defendant is totally innocent of the charges, and they are being brought purely for leverage purposes in custody or divorce matters. As a criminal defense attorney Mr. Gutmacher is able to represent you in such matters, and has even successfully handled the defense of civil injunctions involving alleged domestic violence or repeat violence.

FEDERAL CRIMINAL CASES

As a general rule, Mr. Gutmacher rarely accepts any type of federal criminal case except those involving guns, firearms, machine guns, weapons, destructive devices, and regulatory matters in these areas. He has represented clients before the TSA and FBI who have inadvertently brought firearms and other weapons onto commercial aircraft, as well as representing federal firearms licensees before the Bureau of Alcohol, Tobacco, Firearms, & Explosives in regulatory and criminal investigations, including those involving revocations of licenses.

EXPUNCTIONS OR SEALING YOUR RECORD

If criminal charges against you were dropped – you may often obtain an expunction of this criminal record. Doing so could be vital to future employment, as well as preventing others from finding out about your arrest or the criminal proceedings that followed. While the expunction statute generally allows only a single expunction – persons who have subsequent arrests that were based on pure mistake may have a remedy thru something called an “administrative expunction”. A similar remedy called a “sealing” may also help with keeping a criminal history from the prying eyes of the private sector. These are all matters that Mr. Gutmacher has handled many times. He has also handled NICS and FCIC database corrections where state or federal government computer records are inaccurate, and require correction. If you have such a problem, and are looking for private counsel to represent you – please call the office to discuss your case. Read More On Database Corrections & Sealing Your Record

PLEA BARGAINS

Not every client wants to go to trial on a criminal charge. Sometimes the chances of winning are not very good, sometimes the possible penalty is far too harsh to risk, sometimes the client just wants to get a case over and done with as soon as possible no matter what the defenses are. While Orlando criminal attorney Jon H. Gutmacher will take even the most difficult cases to trial – he will abide by the client’s wish if a plea negotiation is requested. Moreover, he will give you the benefit of over thirty years of prosecutorial and criminal defense experience in what he believes your actual chances of winning are – and let you know when a plea negotiation is in your best interest. He will not “pull punches” with you – but will explain your options straight up. If you want an honest analysis by someone who is in your corner – give his office a call. He’s handled cases in Orlando, Kissimmee, Sanford, Viera, West Palm Beach, Jacksonville, Tampa, Lake County, and other areas of Florida. Read More On Plea Negotiations

LICENSING VIOLATIONS

Mr. Gutmacher handles administrative license suspension and revocation matters before the Florida Dept. of Agriculture concerning security guards, and also concealed weapons permits. He also handles revocations and suspensions before the federal Bureau of Alcohol, Tobacco, Firearms & Explosives. If you have such an administrative matter, and are looking for counsel with experience in these areas – please feel free to call us to discuss your case.

CONSULTATIONS & SECOND OPINIONS

If you have not yet been arrested, but believe you may be arrested for a crime, or you already have counsel, but are seeking a second opinion – Mr. Gutmacher will consult with you in his office on a fee basis. These conferences are protected by the attorney/client privilege, and Mr. Gutmacher will provide you with an informal opinion once the consultation is concluded. On the other hand, if you have been arrested on a criminal charge, and do not already have counsel – Mr. Gutmacher generally offers a free office consultation about your case. Before setting the consult, Mr. Gutmacher prefers to have a brief phone consultation with the prospective client to get an idea of what the case is about, and also to let you know what the approximate fee might be if you decide to retain him. These phone consultations are free. Contact Mr. Gutmacher

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