Plantation Violent Crimes Attorney
Broward County Violent Crimes Attorney
A conviction for a violent crime can lead to a lengthy prison sentence, depending upon the particular offense charged. In Florida, a person with just one previous conviction for a violent felony can be classified as a “habitual felony offender” and be subjected to harsher sentences on a future arrest, including life in prison. Florida law includes several classifications such as “violent career criminals,” “habitual felony offenders” and “three-time violent felony offenders” which can lead to enhanced penalties or mandatory minimum prison terms. Any arrest for a violent offense should be taken seriously and vigorously defended.
Violent crimes typically charged in Florida courts include:
- Aggravated Assault
- Felony Battery
- Aggravated Battery
- Domestic Violence (repeat violence, sexual violence, dating violence)
- Sexual Battery or other sex offenses
Assault and Battery – Violent Crimes without Actual Violence
An “assault” under Florida law is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. As you can see, an actual violent act is not required to commit an assault; the other person does not have to be physically harmed or touched at all.
An assault is a second degree misdemeanor. Aggravated assault, on the other hand, is a felony in the third degree. A person can be charged with Aggravated assault for an assault with a deadly weapon or assault with intent to commit a felony. An assault with the intent to kill could possibly be charged as Attempted Murder.
A battery, meanwhile, includes actually and intentionally “touching or striking” another person against their will, as well as intentionally causing bodily harm to another. While actual physical contact is required for a battery, you will see that actual harm or violence is not required to count as a technical violation of the statute.
Homicide includes various offenses for the killing of a human being, from vehicular homicide and manslaughter to murder. First degree murder generally requires a premeditated plan to kill, but a person can be charged with felony murder when a death occurs during the commission of a felony.
In addition to other defenses one has against a criminal charge, a homicide may be ruled justifiable or excusable in certain circumstances. For instance, it is considered a justifiable homicide to use deadly force to resist a murder attempt or the attempt to commit a felony on a person or the person’s home, such as burglary or robbery. An excusable homicide may be one that is caused by accident or done in self-defense or in response to sufficient provocation.
Assertive, Effective Defense of Violent Crime Prosecutions by an Experienced Plantation Violent Crimes Attorney
If you are charged with committing a violent crime, you have a lot at stake, including the potential for a lengthy prison sentence or having a violent criminal conviction on your record which can come back to haunt you. In Fort Lauderdale, Broward County and Miami, call Carl H. Lida at (954) 472-7687 or contact us online for a free consultation.