Van Elswyk Law

A child with a criminal record faces an uncertain future. If your child has been accused of a crime, your family needs trustworthy advice and guidance. Working with a capable juvenile defense attorney can mean the difference between a judicial finding of delinquent or not delinquent.

Van Elswyk Law regularly handles juvenile offenses such as:

• Underage drinking
• Driving under the influence (DUI)
• Traffic offenses
• Drug possession
• Disorderly conduct
• Vandalism
• Trespassing
• Petit larceny and other theft-related offenses
• Assault and battery
• Burglary
• Robbery
• Arson

Above all, attorney Van Elswyk is committed to protecting your child’s rights and future.

Assault and battery, two distinct offenses under Florida law, can result in misdemeanor or felony charges, punishable by imprisonment, fines, and other penalties:

• Assault is an intentional, unlawful threat by word or an act of violence by one person to another
• Battery occurs when a person intentionally touches, strikes, or causes bodily harm to another person

There are several classifications of assault and battery:

• Simple assault
• Aggravated assault
• Simple battery
• Domestic battery
• Felony battery
• Aggravated battery

Several factors distinguish these classifications, including:

• The extent of the victim’s injuries
• Whether the alleged assailant acted with intent
• Whether a deadly weapon or dangerous instrument was used during the commission of the crime

Van Elswyk Law will assess the facts of your case, choose the best line of defense, and guide you through the process. Above all, Brice will work to achieve the best possible outcome, whether an acquittal, a dismissal, or reduced charges and penalties.

Being arrested for driving under the influence doesn’t mean you will automatically be convicted as long as you have an experienced DUI defense lawyer.

Whether you are facing misdemeanor or felony DUI charges in Sarasota, trust Van Elswyk Law to protect your rights, reputation, and driving privileges.

Common drug offenses under Florida law include:

• Possession
• Possession with intent to sell
• Distribution
• Manufacturing
• Trafficking
• Prescription fraud

The penalties for drug offenses depend on the nature of the crime (possession for use versus possession with intent to sell), the drug classification, and the quantity involved. Also, many drug crimes, including trafficking, are federal offenses that can carry stiffer penalties. With its renowned motions practice, Van Elswyk Law will explore your options, determine whether authorities violated your rights (e.g. illegal search and seizure), and vigorously defend you, whether in state or federal court.

Prosecutors in Florida and around the country take sex crimes very seriously and pursue convictions aggressively. A mere accusation of illegal sexual misconduct, even if false, can ruin your reputation at work and in the community. Attorney Van Elswyk has extensive experience, both pre- and post-arrest, litigating all types of sex offenses, including:

• Sexual assault
• Sexual battery (rape)
• Unlawful sexual activity with a minor / lewd or lascivious molestation
• Child pornography
• Prostitution/solicitation
• Indecent exposure
• Failure to register as a sex offender

When your freedom and reputation are hanging in the balance, Brice will be your dedicated advocate, never judge you, and do his best to defend you and your good name.

Capital and life felonies are the most serious felony offenses under Florida law. Capital felonies include murder and certain sexual batteries.  First-degree murder, for example, is punishable by the death penalty or life in prison without the possibility of parole.  Examples of life felonies include:

• Kidnapping
• Accomplice to murder
• Second degree murder
• Lewd or lascivious molestation of a minor
• Robbery with a firearm or deadly weapon
• Armed burglary
• Burglary with assault or battery

In addition to imprisonment and fines, those convicted of life or capital felonies may be ordered to pay restitution to the victims.