Florida/Georgia Personal Injury & Workers Compensation

...laughter occurred, or that Ms. Bowen knew a manslaughter had occurred. [10] It should be noted that Ms. Bowen was charged with being an accessory after the fact to escape based upon sections 777.03 and 944.40, Florida Statutes (1997), not based upon section 843.12, Florida Statutes (1997)....

...Fleischman advised the defendant that, as the escapee's wife, she would be exempt from criminal liability under the family member exception of section 777.03, Florida Statutes (1997), the "accessory after the fact" statute. However, Fleischman did not advise the defendant concerning her potential criminal liability under section 843.12, Florida Statutes (1997), the "aiding escape" statute....

...Thereafter, the defendant helped her husband by obtaining a motel room for him under a false name, bringing him food daily, and bonding him out of the Broward County jail, where he was being held under yet another false name. The defendant was charged by information with aiding escape under section 843.12....

...The state filed a demurrer and motion to strike the sworn motion. At the hearing on the motion to dismiss, the defendant admitted that her actions satisfied the statutory elements of the aiding escape statute but denied that she had the requisite specific intent to violate the law. She argued that, because section 843.12 is a specific intent crime, mistaken advice of counsel is a valid defense. The state disagreed and contended that aiding escape is a general intent crime, to which the defense of misadvice of counsel does not apply. Upon concluding that section 843.12 requires specific intent and that the undisputed facts established a "misadvice of counsel" defense, the trial court dismissed the information....

...Because the statute's plain language does not require any "heightened or particularized" intent, the court concluded that only a general intent to "knowingly and willfully" impede an officer in the performance of his or her duties is necessary. Under the same analysis, the aiding escape statute fits the general intent label. Section 843.12, Florida Statutes, provides as follows: Whoever knowingly aids or assists a person in escaping, attempting to escape, or who has escaped, from an officer or person who has or is entitled to the lawful custody of such person, is guilty of a felony of the third degree . . . . § 843.12, Fla....

...The plain language of the statute does not require a heightened or particularized intent beyond the mere intent to commit the act itself or the intent to cause the natural and necessary consequences of the act, i.e., to "knowingly" act. Hence, we conclude that section 843.12 is a general, rather than a specific, intent statute, for which the defense of "misadvice of counsel" is not available....

...y under a conviction at the time of the escape. The state's brief contains a rather remarkable answer to the appellant's contention. The state says that it was not necessary to show the precise cause of the detention, "* * * because punishment under Section 843.12 Fla. Stat., does not hinge upon the nature of the offense of the escapee. * * *" Of course it is true that the nature of the punishment under Section 843.12, F.S....

...While it is not necessary to show that the escaped person was being held under a conviction at the time of his escape, it is necessary under the pertinent statute to prove that the escaped person was in lawful custody at the time of the escape. See Section 843.12, F.S....

...(criminal actions under color of law or through use of simulated legal process); § 843.09, Fla. Stat. (escape through voluntary action of officer); § 843.10, Fla. Stat. (escape through negligence of officer); § 843.11, Fla. Stat. (conveying tools into prison to aid escape); § 843.12, Fla....

...Statutes (1987), and his use of a firearm enhanced the penalty to that of a first-degree felony, section 775.087(1)(b), Florida Statutes (1987). Peterson contends, and rightly so, that the felony with which he should have been charged is defined in section 843.12, Florida Statutes (1987): Whoever knowingly aids or assists a person in escaping, attempting to escape, or who has escaped, from an officer or person who has or is entitled to the lawful custody of such person, is guilty of a felony of the third degree......

...out.” When cross-examined, the sergeant acknowledged that Garcia had not escaped. But on redirect he opined that if the deputy had not been positioned at the side of the house, Garcia would have “gotten away.” It is a third-degree felony under section 843.12, Florida Statutes (2006), if a person “knowingly aids or assists a person in escaping, attempting to escape, or who has escaped, from an officer or person who has or is entitled to the lawful custody of *915 such person.” There is scant case law interpreting this provision....

...r is (1) serving process, (2) legally detaining a person, or (3) asking for assistance). But he did not. And even if he had, obstruction was not charged as a predicate act; the information specifically referenced the crime of aiding an escape, under section 843.12....

...risoners were in lawful custody at the time of their escape. The only testimony adduced by the state was that the prisoners were inmates at a prison camp on the date of their escape, and that one of the prisoners pled guilty to the charge of escape. Section 843.12, Florida Statutes, provides that it is a crime to aid a person in escaping from an officer who is entitled to the lawful custody of the person....

DREW, Chief Justice. Petitioner applied for writ of habeas corpus on grounds that the judgment and two year sentence imposed upon him was void because imposed under Section 843.11, F.S.1951, F.S.A., whereas the information was drawn under Section 843.12, F.S.1951, F.S.A....

, whereas the information was drawn under Section 843.-12, F.S.1951, F.S.A. We issued the writ. Respondent

...The court explained that it looked to the plain language of section 843.01, Florida Statues (1997), to determine that resisting arrest with violence is not a specific intent crime.... Under the same analysis, the aiding escape statute fits the general intent label. Section 843.12, Florida Statutes, provides as follows: Whoever knowingly aids or assists a person in escaping, attempting to escape, or who has escaped, from an officer or person who has or is entitled to the lawful custody of such person, is guilty of a felony of the third degree .... § 843.12, Fla....

...The plain language of the statute does not require a heightened or particularized intent beyond the mere intent to commit the act itself or the intent to cause the natural and necessary consequences of the act, i.e., to “knowingly” act. Hence, we conclude that section 843.12 is a general, rather than a specific, intent statute, for which the defense of “misadviee of counsel” is not available.- Id....

KHOUZAM, Judge. L.C.G., a minor, was charged with aiding escape in violation of section 843.12, Florida Statutes (2010), but was found guilty of resisting an officer without violence in violation of section 843.02....

...Conversely, in order to be found guilty of aiding escape a defendant must “knowingly aid[ ] or assistf ] a person in escaping, attempting to escape, or who has escaped, from an officer or person who has or is entitled to the lawful custody of such person.” § 843.12....

...(Crim.) 21.2). The petition alleged in relevant part that the defendant “did knowingly aid or assist a person ... to escape, or attempt to escape or who has escaped from an officer ... who was entitled to the lawful custody of the [escapee], contrary to Section 843.12, Florida Statutes.” The petition, however, did not allege that L.C.G....

...the same act. This contention ignores the existence of Section 775.021(4), Florida Statutes (1979). The second issue raised is the denial of the motion for a judgment of acquittal on the charge of aiding or assisting a person to escape, pursuant to Section 843.12, Florida Statutes (1979)....

...In the absence of evidence to the contrary, custody pursuant to an arrest warrant will be presumed valid. Compare, Parrish v. State, 90 Fla. 25 , 105 So. 130 (1925). As for the challenge to the proof that Durrance was in fact in custody, we point out that the actual offense is defined by Section 843.12, as including aiding an escape or attempted escape from an officer or person “who has or is entitled to the lawful custody of such person.” We think it clear that an officer serving an arrest warrant is entitled to custody of the person named in the warrant....

...e expiration of the sentence he was then serving. The prior sentence allegedly ended on or before February 23, 1957. Petitioner contends that “the only count on which your petitioner is charged in said information could be properly made only under Section 843.12, Florida Statutes of 1953, [F.S.A.] and the maximum sentence provided therein is imprisonment for one year....

...retained ever since. Aiding prisoners to 1 escape or attempt to escape from jail is more severely punished than aiding them to escape or attempt to escape from an officer or person who has the lawful custody of them. 2 The latter is governed by Sec. 843.12 and the former, by Sec....

...J., HOBSON, THOR-NAL, and O’CONNELL, JJ., and WIG-GINTON, District Judge, concur. . The question was raised previously but not decided, since this Court held that it was prematurely brought. Hitson v. Mayo, Fla.1955, 82 So.2d 591 . . See Secs. S4S.11 and 843.12, Florida Statutes 1953, F.S.A....

...eneral intent crime based on the statute’s plain language, because the statute “does not require a heightened or particularized intent beyond the mere intent to commit the act itself.” Cf. Franchi, 746 So. 2d at 1128 (“The plain language of [section 843.12] does not require a heightened or particularized intent beyond the mere intent to commit the act itself or the intent to cause the natural and necessary consequences of the act, i.e., to ‘knowingly’ act. Hence, we conclude that section 843.12 is a general, rather than a specific, 3 intent statute, for which the defense of ‘misadvice of counsel’ is not available.”). Further, the state contended, unlike other sections within...

776.03, F.S., or s. 843.12, F.S.? SUMMARY: Section 843.12, F.S., having not excepted those relationships