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The tragic death of Matthew Perry, the beloved “Friends” star, is one of the year’s most shocking cases. It has garnered significant media attention, particularly with reports of criminal charges against his assistant and two doctors related to his death

Examining Criminal Law in Matthew Perry’s Death

 

Case Overview

Matthew Perry’s death in October 2023 from a ketamine overdose has resulted in criminal charges against five persons, including his personal assistant and two doctors. Prosecutors have described the case as involving a “broad underground criminal network” dedicated to obtaining and administering the strong anesthetic ketamine, which played a vital role in Perry’s death.

• First Doctor: Charged with seven counts of distribution of ketamine and two counts related to falsifying records. He is accused of illegally providing ketamine to Perry in dangerous amounts and falsifying records to cover up his involvement.
• Second Doctor: Agreed to plead guilty to conspiracy to distribute ketamine. He is alleged to have facilitated the illegal distribution of ketamine by securing it through fraudulent prescriptions and funneling it to Plasencia (first doctor).
• Personal Assistant: Charged with administering ketamine injections to Perry and was found to have received ketamine from Erik Fleming (supplier). He is also implicated in the broader criminal network surrounding the distribution of the drug.

 

Drug Charges

Drug-related charges can carry significant legal consequences, especially when they contribute to a person’s death. In Perry’s case, the charges include distributing ketamine in dangerous amounts, falsifying records, and involvement in a broader criminal network. These charges highlight the severe legal implications of drug offenses intertwined with other forms of liability.

1. Understanding Drug Charges: Drug charges vary depending on the offense. Possession involves having illegal drugs, which can range from personal use to distribution. Distribution is the act of selling or sharing drugs and is often classified as a felony. Manufacturing refers to producing illegal drugs, which is a serious crime. Prescription fraud involves illegally obtaining or distributing prescription medications.
2. Legal Processes: The legal process for drug-related charges typically includes arrest and booking, a preliminary hearing to evaluate evidence, an arraignment where the accused pleads, a trial to present evidence and arguments, and sentencing if convicted, which can range from fines to imprisonment.
3. Defensive Strategies: Defending against drug charges often involves challenging the legality of evidence collection, proving a lack of knowledge about the drug, arguing that the drug was legally prescribed, or claiming a mistake of fact regarding the drug’s nature.

 

Contact a Criminal Defense Attorney

If you are facing criminal charges related to drug offenses, understanding the legal landscape is vital. That’s where having an experienced attorney can make a difference. Russell Spatz of the Spatz Law Firm, PL, has over 40 years of experience in handling serious criminal law cases, including drug offenses. He has a deep understanding of the court system and the laws pertaining to your case, thanks to his extensive background, which includes serving as an assistant state attorney and division chief. Russell handled one of the longest racketeering drug trials in state history, demonstrating his capability to handle even the most complex and prolonged cases.

Whether you’re dealing with drug possession, distribution, trafficking, federal conspiracy, or racketeering, Russell offers aggressive representation tailored to your specific situation. Don’t wait to seek legal advice—delays can allow police and prosecutors to build a stronger case against you, and anything you say to them could be used against you in court. Contact Russell at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

Many times, when we talk about “assault” and “battery” in the criminal law world, the terms can be confused, when in reality they are two completely different crimes. Each one has its elements and consequences, and it’s very important to identify and differentiate them for anyone who might be facing charges or simply wants to understand the law better.

 

Assault

Assault is an intentional and unlawful crime, whether by word or act, that causes violence towards another person, with the full intent to do so and generating in them a well-founded fear that confirms that the violence is imminent. Essentially, assault is the threat of harm.

 

Key elements of assault include:

1. The harm caused by the threat must be intentional.
2. The threat must be so serious and real enough that it causes the person to fear being harmed.
3. The person making the threat must appear capable of carrying it out.

It is important to highlight that physical contact is not required for an assault charge. Simply making someone feel terrorized by the possibility of being harmed is sufficient.

 

Battery

On the other hand, battery always involve actual physical contact. Florida law defines battery as intentionally touching or striking another person against their will, as well as intentionally causing bodily harm to another person.

 

Key elements of battery include:

1. The contact is intentional, never accidental.
2. The contact with the victim is never with their consent or wanted.
3. Although battery always involves physical harm, even an unwanted touch can be considered battery if it meets the other elements.

 

Battery and Assault Cases in Miami 

Unfortunately, in Miami with its vast population of residents and tourists, events of assault and battery are fairly commonplace. These cases range from disputes between neighbors that escalated into physical altercations to confrontations in public spaces like sporting events and areas like Miami Beach. These incidents show how quickly ordinary situations can spiral into serious legal issues, affecting the lives of those involved.

Miami Beach Police investigated a sexual battery that occurred on the beach walk between 23rd and 24th streets. The victim, a woman rollerblading, was attacked from behind, choked, and assaulted in nearby shrubs. 

In response to a recent sexual assault on Miami Beach’s Beachwalk, the local skate community held a “Take Back the Boardwalk” rally and solidarity skate at 24th Street. Participants wrote messages in chalk at the crime scene, calling for greater safety measures. The attack occurred on July 16, when a woman was assaulted while rollerblading. The suspect was later arrested. 

In another high-profile case, Colombian Soccer President, Ramón Jesurún, was arrested on battery charges on an official or employee following the chaos at the Copa América Final. It is alleged that Jesurún, along with Ramón Jamil Jesurún, was involved in an altercation with several security guards.

 

Assault and Battery Criminal Defense in Miami

When facing criminal charges such as these, it’s crucial to work with an assault and battery defense lawyer who understands the nuances of local laws and the defense strategies available. A solid defense strategy might include challenging the intent behind the actions, questioning the credibility of witnesses, or proving self-defense. It’s also essential to consider how local judges and juries may interpret evidence and testimonies, which can vary significantly from one case to another. 

For example, domestic violence assault charges have serious implications. A conviction for domestic assault charges can drastically limit your freedoms and alter your life in significant ways. Even if you manage to avoid a criminal conviction, you might still face the imposition of a restraining order. This can prevent you from returning to your home, even temporarily, to collect your belongings, and may restrict your ability to see your children or communicate with your spouse or partner. Something as simple as a text message could lead to further legal trouble. Violating a protective order is a serious matter and can result in additional misdemeanor charges, further complicating your legal situation.

 

Penalties for Assault and Battery in Florida

 

• Simple Assault: Generally classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
• Aggravated Assault: If a deadly weapon is used or the intent is to commit a felony, it becomes a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
• Simple Battery: Typically a first-degree misdemeanor, carrying penalties of up to 1 year in jail and a fine of up to $1,000.
• Aggravated Battery: If the battery causes significant injury or involves the use of a deadly weapon, it can be charged as a second-degree felony, with penalties of up to 15 years in prison and fines up to $10,000.

It is very important that we learn to differentiate the elements that represent each crime; it is not something we should take lightly since both are significant crimes with substantial weight, whether for general knowledge or for anyone facing such criminal charges.

Being convicted of a crime is not necessarily the end of the road for you. If your rights were violated at any point during the process that led to your conviction, it may be possible to modify or correct your sentence or file an appeal or collateral attack to overturn the conviction. However, it is important to note that time is normally of the essence in these matters, and the client should not delay in seeking legal advice.

Attorney Russell Spatz has more than 40 years of experience assisting clients through post-conviction procedures. He believes strongly in upholding your rights and will do everything in his power to protect your best interests. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200 or click here to contact us.

Misdemeanors in Maine are classified as Class D or E crimes and felonies are classified as Class A, B, or C crimes.

The penalties for each level of crime increase from Class E up to A—from a maximum of one-year imprisonment to life imprisonment. With such a wide range of potential penalties, it is important to understand what the consequences may be if you are arrested and charged with any criminal offense in Maine.

Crimes come with a set of minimum and maximum penalties (fines and incarceration) outlined in the Maine Criminal Code.

Let us take a closer look at Class D and E misdemeanor crimes and how the sentencing works for these types of offenses in Maine.

Misdemeanor classes and penalties in Maine

Class D and E crimes in Maine are punishable by up to one year in county jail, as well as significant fines.

Elevated penalties may apply to aggravated versions of the crimes or for repeat offenders where the offense is considered more serious than the “standard” offense and is elevated to the next class above.

Class E misdemeanor offenses

A Class E crime is the least serious misdemeanor offense in Maine. However, any criminal offense can have far-reaching implications for your future because of the potential for jail time, as well as a lifelong criminal record.

Class E misdemeanors in Maine are punishable by up to six months in jail and a fine of up to $1,000 in Maine. Some typical examples of Class E misdemeanors are the following:

• Operating on a suspended license
• Disorderly conduct
• Theft under $1,000
• Low-level drug offenses
• Online harassment
• Prostitution

Class D misdemeanor offenses

A Class D crime is still a misdemeanor in Maine but a more serious offense than Class E. The following are a few examples:

• Domestic violence assault
• OUI /DUI/DWI (drunk driving)
• Violation of a protective order
• Simple assault
• Unauthorized use of a vehicle

Class D crimes are punishable by up to 364 days in county jail and a fine of up to $2,000 in Maine.

What are “elevated penalties” for misdemeanors in Maine?

Elevated penalties may be applicable for some Class D and E crimes, particularly if dangerous weapons were used in the commission of a crime or if the individual has previous criminal convictions.

In such cases, a Class E crime may become a Class D crime or, even more seriously, a Class D misdemeanor becomes a Class C felony (which involves a large step up in maximum penalties).

Certain misdemeanor offenses can be charged as felonies if the offender has several prior convictions. For instance, while OUI is usually prosecuted as a Class D misdemeanor for a first or second offense, a subsequent offense may be charged as a Class felony.

Similarly, a misdemeanor theft offense becomes a Class C felony offense if the person has two or more prior theft-related convictions.

How does misdemeanor sentencing work in Maine?

Jail time is possible for any Class D or Class E crime, and the judge can impose this immediately upon conviction (unlike a felony, where a separate sentencing date is usually arranged).

However, first-time offenders with seasoned legal representation can usually avoid jail time for misdemeanor crimes that do not come with mandatory sentences.

The likelihood of jail time—even for misdemeanors in Maine—increases for defendants who have two or more prior convictions.

Judges in Maine have several sentencing options available to them. The penalties handed down for a conviction will depend greatly on the strength of your defense.

When considering sentencing options, judges will typically look at the following factors:

• The nature and seriousness of the offense
• Whether any aggravating circumstances applied to the offense (e.g., using a deadly weapon)
• Whether any mitigating circumstances are present (e.g., acting to protect someone else)
• The defendant’s age, character, and criminal history
• Any other relevant factors

Alternatives to jail time with misdemeanor sentencing

Because judges have so much discretion when sentencing misdemeanors in Maine, it is essential to present the best defense possible to mitigate the consequences for the future.

Judges may elect to hand down a sentence that involves imprisonment. Class D and E crimes are usually served in county jail rather than state prison. However, one of the following alternative sentencing measures may also be considered by judges:

• Suspended or split term of imprisonment with probation or administrative release
• Deferred disposition
• Payment of fines and fees
• Payment of restitution
• Community service

In some counties, diversionary court programs are available as well. Under these programs, a defendant can prevent jail time by seeking treatment for substance abuse, mental health issues, or another issue that is deemed to have contributed to the criminal behavior.

What is a split or suspended sentence in Maine?

A split or suspended sentence means that the judge sentences the offender but does not yet impose the jail time (or a portion of it) normally served.

If the offender complies with all of the conditions stated for release on probation or administrative release for a stated period, the suspended sentence can then be revoked. If the terms of release are violated, the offender can be re-arrested and sent to jail.

Typical terms for release on probation or administrative release include:

• Obeying the law and not re-offending
• Attending treatment or counseling
• Maintaining or pursuing employment
• Reporting to a supervisor (for probation)
• Not drinking alcohol

These measures are seen as helping to rehabilitate the offender rather than simply sending him/her to jail, which is not always viewed as the best solution. A judge is more likely to order an alternative sentencing measure like this for a first offense.

What is deferred disposition?

Deferred disposition is sometimes used by prosecutors and criminal defense lawyers in plea bargaining for misdemeanors in Maine. In return for a guilty plea from the accused, the court delays entering the sentence for a set period during which the defendant must comply with court-ordered terms.

If the accused has complied with all the terms of the deferred disposition after the period has elapsed, the individual may be permitted to withdraw the guilty plea and the charges are then dismissed. This results in no criminal conviction for the defendant, which can be especially important for their future.

If the defendant fails to comply with the terms of the deferred disposition, the judge may proceed with imposing a criminal sentence.

A criminal conviction, even for a misdemeanor, can have serious consequences, but a Class D or E criminal charge—especially for first-time offenders—need not end in jail time and a lifelong criminal record.

For experienced legal help with any criminal charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

Blog Posts

All year long, including in the summer season, Miami is a tourist destination for people on vacation, which means that short-term rentals through services like Airbnb increase. What people may not think about while they are planning their stay is that there are certain risk factors including ones with criminal charge implications. 

Being accused of a rental crime can be very complicated and exhausting, especially if you are not familiar with the entire legal process involved. Whether it’s fraud, property damage, or violation of a contract, facing these accusations requires professional help.

 

 

1. Understand the Accusation

First of all, you must fully understand the accusation. Short-term vacation rental crimes can often range from minor infractions to more serious offenses like fraud or vandalism.

Carefully review all the documents and communications you have received regarding the accusation. The more informed you are about the situation, the easier it will be to resolve it

 

2. Gather Evidence

All the evidence you collect about the case can be very helpful. There are several types of evidence that can be presented, whether you are a guest or host:

For Hosts:

• Booking Document: Make sure to have all the necessary documents on hand and a copy of the booking agreement and highlight any specific terms or conditions in your rental agreement that were violated.
• Photos and Videos: Take photographs or videos of the property before and after the rental period. Make sure the timestamps are visible to provide a clear timeline.
• Security Footage: If the property has security cameras (and you’ve informed your guests about them in accordance with local laws and Airbnb policies), review the footage for any relevant incidents.

For Guests:

• Witnesses’ Contact Information: Maintain a list of contacts who can corroborate your account of the events if needed.
• Communication: Gather all messages, emails, writings, or any communication you had with the host regarding the short-rental agreement.
• Receipts and Payments: Have your electronic payment receipt on hand, whether it was split into two payments or just one, or any document that proves you made the payment for the service.

 

3. Remain Calm and Avoid Self-Incrimination

Something very important in these cases is to remain calm and not do or say anything that could be used against you. If you are contacted by the host or anyone related to the case, you have the right to remain silent, and it is best to do so until you can get in touch with a lawyer who can help you achieve the best results for your case.

A recent example illustrates how quickly these situations can escalate. Police investigating a home invasion at a Florida Airbnb discovered a drug operation with over 100 pounds of marijuana and nearly $30,000 in cash, authorities reported. The two individuals renting the Airbnb in Miami now face criminal charges, along with the three men who robbed them, according to court records. The renters, aged 33 and 43, are charged with attempted cannabis trafficking, owning or renting a property to traffic controlled substances, and money laundering. They have since been released on bail.

 

Contact a Criminal Defense Attorney

An allegation of a criminal offense should never be treated lightly. In fact, it should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom no matter what type of charge you are facing. 

Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200. You may also contact the firm by clicking this link.

Crimes of domestic violence in the state of Maine can be confusing. This is because crimes of domestic violence are really just other crimes, like assault or battery, when those crimes are committed against certain people.

It can be helpful to think of the laws that prohibit domestic violence as providing an extra layer of legal protection for a certain group of people, rather than to everyone. This extra layer of protection often results in harsher penalties, if it is broken.

Who Is Covered by Domestic Violence Laws in Maine?

In the state of Maine, our domestic violence laws only apply when an eligible crime is committed against someone who is a “household member” of the person who committed the crime. Unfortunately, what makes someone a “household member” of someone else can be fraught with complexities, once you delve into some of its practical problems.

Just reading the domestic violence statutes in Maine, you’ll find that the laws provide a listing of relationships that make someone a “household member”:

• Spouses or domestic partners, both current and former;
• Individuals who are currently, or were formerly, living together as spouses;
• Individuals who are currently, or were formerly, living together;
• Individuals who are currently, or were formerly, sexual partners;
• Parents of the same child;
• Adults who are related to each other by blood or affinity; or
• Minor children of an adult who is otherwise a household member.

While these categories cover most of the possibilities, there are numerous complexities and nuances that crop up when these definitions are applied in individual cases.

Domestic Violence Laws Are Problematic in Maine

Just one of the most common examples of how Maine’s domestic violence laws are tricky is how they handle significant others. If a crime eligible for domestic violence is committed by someone against his or her boyfriend or girlfriend, whether it will be considered domestic violence – and, therefore, whether it will carry harsher penalties – depends on whether the two were sexual partners or not.

As one crucial case in Maine has shown, this requires the prosecutor to prove that the two were actually sexually intimate with each other. If they were, then their relationship makes them “household members” with each other, allowing domestic violence charges to be made. If they were not sexually intimate with each other, though, then their status as a boyfriend or a girlfriend does not satisfy the statutory requirement.

Proving, in a courtroom, that two people were sexually intimate with each other can be a tricky and incredibly uncomfortable proposition. It often ends with a “he said, she said” scenario that leaves the jury with little to do but guess.

Contact Our Domestic Violence Lawyers in Maine

This is just one of the problems with Maine’s domestic violence laws. While they make sense, in theory, how they are applied in practice can lead to some uncomfortable situations, and some bothersome outcomes.

If you’ve been charged with domestic violence in the state of Maine, you need an experienced domestic violence defense attorney to make sure you don’t face an especially harsh conviction. Contact The Maine Criminal Defense Group online or at (207) 571-8146.

Blog Posts

Miami is a very popular destination among tourists, and as tourism increases, so do platforms like Airbnb. While these rentals offer a unique and often lower-cost option, they also come with certain risks and responsibilities that both hosts and guests need to be aware of. 

In this blog, I’ll highlight how these issues can affect safety and legal standing in Miami.

Understanding the Risks

 

Property Security:

One of the most important issues for Airbnb hosts is the security of their property. Guests come and go, and many people stay in these properties, which creates a risk when it comes to staying safe. Hosts should consider investing in security systems, such as cameras for common areas, smart locks, and alarm systems, to protect their property and guests.

Guest Safety:

Just as it’s important for hosts to take care of their property, it’s also very important for guests to be careful when staying on these rentals. Guests should check all the details of their stay days before, review feedback from previous guests, and be aware of local procedures.

Legal Responsibilities:

Both guests and hosts should be aware of the local regulations governing short-term rentals in Miami. Miami-Dade County has specific rules regarding rental licenses, zoning requirements, and taxes. Failing to comply with these rules can result in fines and legal complications.

Tips for Hosts

 

Screen Your Guests:

Make sure to do thorough background checks on all your guests and have extensive communication with them before their stay. This can help avoid many problems and make the stay enjoyable for both you and the guest.

Provide Clear Instructions:

Be very clear when providing all the specifications of the Airbnb to your guests; it is important to emphasize emergency exits, fire extinguisher locations, and how to contact you in case of any problems.

Regular Maintenance:

It is important to regularly perform thorough maintenance on your property to avoid any accidents. Make sure you review faulty wiring or plumbing issues to prevent liability issues.

Tips for Guests

 

Verify the Listing:

Make sure that the description of the Airbnb perfectly matches the property. Take into account past negative comments (as well as positive ones) to identify any red flags and make decisions accordingly. Also, it’s important to choose verified listings. 

Know Your Rights:

Investigate your rights as a guest and familiarize yourself with what to do in case of a host’s failure or a security issue.

Report Issues Promptly:

Remember that reporting a problem as soon as possible helps resolve it more quickly and easily, ensuring your safety.

 

By considering all these factors, you can ensure that both your stay and your accommodation will be safer and more enjoyable. Additionally, following these tips will help you avoid legal issues, making your stay or accommodation more pleasant and enjoyable.

In the unfortunate event that safety issues lead to legal disputes or criminal activity, it is crucial to seek legal advice. 

Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. To meet with lawyer Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200. You may also contact the firm online.