Violent crimes are taken very seriously by the judicial system and have some of the strictest penalties. If you are accused of a violent crime, you have the right to an attorney. To ensure you get the best possible defense, you should look for a Florida defense attorney that has experience with the crime of which you are being accused.
Here is some information on a few violent crimes of which you might be accused:
Assault & Battery – This includes assault, aggravated assault, battery, felony battery, and aggravated battery. Each crime is defined a little differently and carries different punishments. The primary distinction between the different types of battery is the amount of damage that was inflicted, ranging from simply threatening someone to causing permanent disability or disfigurement. If you are being charged with any of these crimes, you should hire a Florida criminal defense attorney as soon as possible to start building a defense.
Murder – There are many different types of murder charges, such as first-degree murder, second-degree murder, third-degree murder, and manslaughter. First-degree murder is the most serious crime. It is a Capital Offense, and if you are convicted, you will either be sentenced to life in prison or death. A murder is considered first-degree when the murder was premeditated or occurs while engaged in another felony.
A second-degree murder occurs when the murderer shows no regard for human life, but the murder was not premeditated. You can also be charged with second-degree murder if you are an accomplice to someone who commits a Felony Murder. If convicted, you can face a minimum sentence of 16 ¾ years in prison up to a life sentence. You may also be hit with up to $10,000 in fines.
If you unintentionally kill someone while committing a non-violent felony, you can be charged with third-degree murder, which carries a minimum sentence of 10 1/3 years up to 15 years in prison as well as the possibility of $10,000 in fines.
The last type of murder is called manslaughter, which can be committed three ways. Manslaughter by Act is when you commit an act that was not excusable or justified that resulted in the death of someone else. Manslaughter by Procurement is when you persuade, induce, or encourage someone to commit an act that results in the death of another. And Manslaughter by Culpable Negligence is when your culpably negligent conduct results in the death of another. If convicted, manslaughter carries a minimum prison sentence of 9 ¼ years.
Kidnapping – When you “forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will,” you can receive a prison sentence up to 30 years and be fined up to $10,000.
Sexual Battery – This is more commonly known as Rape, and is defined as the unconsensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person; or unconsensual oral, anal, or vaginal penetration of another person with any object. If you are convicted of this federal offense, you will receive a minimum sentence of 9 years in prison and up to a life sentence. If you are over 18 years old and are convicted of raping a child under 12, this is a capitol felony which will result in a mandatory life sentence without the possibility for parole. If you are under 18 and are convicted of raping a child under 12, then this is a life felony which will result in at least 40 years in prison up to life in prison.
Carjacking – When you use force, violence, or threats to take a motor vehicle from another person or with the intent to take the motor vehicle, this is considered a First Degree Felony. The minimum prison sentence is 21 months but you can also receive a sentence as high as 30 years in prison. You can also be sentenced to 30 years of probation and up to $10,000 in fines. If you used a weapon to commit the crime, the judge is required to give you a minimum sentence of 48 months in prison.
Other Violent Crimes
Of course, these are just a few of the violent crimes you can be accused of. Others include armed robbery, arson, bank robbery, domestic assault, domestic abuse, domestic violence, weapon offenses, assault weapons, sales and discharge, hate crime offenses, stalking and terrorist threats.
Get the Help of an Orlando Violent Crimes Attorney
If you find yourself accused of a violent crime or any other crime in our practice areas list, it is in your best interest to hire a Florida criminal defense attorney as soon as possible.