Andrew M. Coffey, P.A.
Call for a Free Initial Consultation
Local 954.406.9272
Specialist in Florida Criminal Trial Law

Florida man charged with spreading HIV

To be told you are HIV-positive must be one of the toughest things in life to hear. To be accused of knowingly spreading the HIV virus to others must also be tough to hear, especially if you believe you didn't do it. One Florida man may be feeling this way right now. He has been arrested by Sheriff's deputies and is now facing felony charges arising out of allegations that he knowingly spread the dreaded virus.

News reporters interviewed one man who claims he was infected when the accused had sexual relations with him. He claims the man told him he had been tested for the virus two months earlier, and that he was clean.

Under Florida law it is a felony to have sexual relations with a person if you know you are HIV-positive, and do not warn them you are infected. A person can be charged under this law whether or not the alleged victim actually became infected. As with all felonies, the law carries serious penalties. Those who are convicted can face a prison sentence of up to five years.

The key issue in any case arising under this law is whether the accused knew they had the virus when they had sexual relations with the alleged victim. If prosecutors are unable to produce medical records that clearly show the accused was told by a physician that they had the virus, the charges should be dismissed. If the medical records are unclear, or if the accused disputes what they say, reasonable doubt as to the charges can be raised and an acquittal by the jury is a possibility

Source: WINKnews.com, "Fort Myers man arrested, accused of knowingly spreading HIV," Aug. 17, 2013

EMAIL US FOR A RESPONSE
Certified | The Florida Bar | Criminal Trial Law

Andrew M. Coffey has been recognized as a Board Certified Civil Trial lawyer by the Florida Bar. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

Super Lawyers

Recently Named Florida Super Lawyer

Contact Us To Schedule A Free Consultation
Andrew M. Coffey, P.A. | Attorney at Law

Andrew M. Coffey, P.A.
208 SE 6th Street
Fort Lauderdale, FL 33301

Toll Free: 888-332-3451
Phone: 954-467-5700
Fort Lauderdale Law Office Map

E-mail Us
Review Us