Crimes where one person is hurt or injured by another are generally considered to be “violent crimes.” In the state of Florida, one violent crime occurs every five minutes and nine seconds according to the Crime Clock. These violent crimes are taken very seriously by law enforcement and the penalties for violent crimes can be harsh.
If you are accused of violent crimes, you may face a variety of different criminal charges against you. These charges can lead to long jail sentences, sometimes up to life in prison depending on the crime committed. This means you should be proactive in defending yourself and protecting your legal rights, whether you have already been charged with a violent crime or whether law enforcement is simply investigating your involvement. The best way to be proactive in protecting yourself is to speak with an experienced Florida criminal defense attorney at Musca Law.
Violent Crimes in Florida
In the state of Florida, there are certain crimes that are always considered violent crimes by definition. These include:
- Homicide (Murder or manslaughter). Murder and manslaughter are violent crimes because a victim is always harmed by definition. Murder is intentional and unjustified killing and is generally considered the most serious crime in the state of Florida. Penalties may include life in prison.
- Manslaughter is the unintentional taking of a life, or the taking of a life with some mitigating circumstances. A manslaughter charge may be brought, for example, if you killed someone accidentally while driving drunk (vehicular manslaughter).
- Assault and battery. While often grouped as one offense, assault actually refers to threatening harm while battery refers to inflicting harm or unwanted contact. Sexual battery. More commonly known as rape, sexual battery involves unwanted penetration with the sex organs or with some other object.
- Abuse of children or the elderly. Both abuse and gross neglect can constitute a violent crime.
In other cases, a crime may not be inherently violent, but may escalate into violence. For instance, burglary may not be a violent crime but during the course of a burglary, violence may be used. Under Florida law, if you are in the act of committing a felony and any death occurs as a result, this can give rise to charges of “felony murder.” (Florida Revised Statutes § 782.04). Under the felony murder doctrine, you may be charged with murder even if you had no intent for anyone to be killed.
Only certain crimes are considered felonies that will lead to felony murder charges. These include drug trafficking; arson; rape (sexual battery); robbery, kidnapping, murder, and aggravated staking, among other crimes.
When you are accused of a violent crime, you know that the penalties are very severe. You may face a mandatory minimum sentence or you may face the very real possibility of life in prison. Even for more minor violent offenses, such as assault (a second degree misdemeanor), you can face up to 60 days of jail time and a fine up to $500.
Fortunately, there are ways to defend yourself when you have been charged with a violent crime. Although possible defenses vary depending on the nature of the offense, some common ways to fight the charges against you include:
Introducing doubt into the prosecutor’s case. The prosecutor must prove your guilt beyond a reasonable doubt and if you present a convincing alternate theory of the crime or poke holes in the prosecutor’s evidence, you may be able to avoid a conviction.
Claiming self-defense. Self-defense can be a viable defense even when you are facing murder charges.
Claiming mistaken identity or false accusations. The police may sometimes arrest the wrong person for a crime, or victims may remember things incorrectly or even make up stories (this may happen as part of a custody dispute, for example, where the person making the allegations believes that claiming a sex offense will help in the divorce and custody process).
These and numerous other defenses can help you to stay out of jail and keep your criminal record clean, even if you have been accused of a violent crime. To learn more about your options for the charges against you or for an evaluation of your particular situation, contacting a Florida criminal lawyer may be your best option.
If you are facing charges for violent crimes in Florida, call the Florida criminal defense lawyers at Musca Law for a free consultation. 800-687-2252. Phone answered 24/7.
