Florida law provides for stiff penalties for any crime of violence. These types of crimes can include anything from misdemeanor offenses, such as battery or assault to more serious felony charges involving a firearm or serious bodily injury.
Due to the punitive approach that this state takes regarding violent offenses, your best defense requires retaining an experienced attorney as early as possible during the process to help you invoke your right to remain silent, negotiate the terms of you surrender and bond, and fight for you during the period after your arrest.
Tallahassee Violent Crime Defense Attorney
Contact an experienced criminal defense attorney at the Law Offices of Don Pumphrey, Jr. Our lawyers represent men and women charged with crimes of violence throughout Tallahassee in Leon County, and the surrounding areas, including Gadsden County, Wakulla County, Liberty County, or Jefferson County.
To schedule a free and confidential consultation to go over the detail of your case with the legal team at The Law Offices of Don Pumphrey, Jr., call (850) 681-7777 or send an online message today.
Violent Crimes in Florida Information Center
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Florida's Crimes of Violence
Florida law provides for numerous charges that are frequently considered "crimes of violence," with many of these offenses being primary areas of focus at The Law Offices of Don Pumphrey, Jr.
The firm represents individuals accused of Misdemeanor Assault (Fla.Stat. § 784.011), which is the intentional act, or threat, of violence, on someone else. The person engaging in the assault has to appear be able to commit the assault in the near future, and it has to cause fear of danger in the victim of the assault. This offense is generally punishable as a misdemeanor of the second degree, but penalties can increase if the victim is over 65, the assault is on a public official or law enforcement officer, or by a person detained in jail or prison.
They also represent those dealing with the more serious type of this crime, Aggravated Assault (Fla.Stat. § 784.021). This offense usually involves either a deadly weapon, or an intent to commit a felony. A conviction of is at least a felony of the third degree.
Similarly, Don and staff also work on Battery cases. Battery is defined as intentionally touching another person against their will, or intentionally causing harm to another person under Fla.Stat. § 784.03. This act is punishable as a misdemeanor of the first degree, or if the person has a prior conviction, it can be a felony of the third degree.
The two specific battery charges that the firm represents are Felony Battery and Aggravated Battery. Felony Battery is intentionally touching another person against their will and causing great bodily harm or permanent disability or disfigurement through the touching (Fla. Stat. § 784.041). This offense is punishable as a felony of the third degree. Aggravated Battery is a battery with the use of a deadly weapon that causes great bodily harm or permanent disability or disfigurement to another person, according to Fla. Stat. § 784.045. It can also be a battery upon a pregnant woman whom the offender knew or should have known was pregnant. This offense, if convicted, is a felony of the second degree.
In addition, they also work with many types of Domestic Violence charges, which are defined under Fla.Stat. § 741.28 as any assault, battery, stalking, kidnapping, false imprisonment, or any other criminal offense that results in death or physical injury of a family or household member. This includes Domestic Battery by Strangulation (Fla.Stat. § 784.041(2)(a)).
Stalking is the willful, malicious repeated following, harassing or cyberstalking of another person. Under Fla. Stat. § 784.048, this offense is a misdemeanor of the first degree. Aggravated Stalking (Fla.Stat. § 784.048(3)) occurs when a person willfully, maliciously, and repeatedly follows another person against their will, and makes a threat against that person that causes them to fear death or bodily injury. This offense is a felony of the third degree.
Kidnapping / False Imprisonment is confining, abducting, or imprisoning another person against their will with the intent to hold them for ransom or cause bodily harm according to Fla.Stat. § 787.01. This act is at least punishable as a felony of the first degree.
Don Pumphrey also defends Robbery cases. Under Fla.Stat. § 812.13, robbery is the taking of money or other property from someone with the intent to keep the money or property, either permanently or temporarily. Robbery also involves force, violence, assault, or somehow putting the other person in fear. This act can be a felony of the first or second degree, depending on whether the robbery is armed.
They represent those accused of Manslaughter (Fla.Stat. § 782.07), which is defined as, the killing of another human being either through the act or culpable negligence of another without and type of justification, and is a felony of the second degree.
Lastly, this representation also extends to the charges of Murder / Homicide. This crime is defined as the unlawful killing of another either through premeditation, in the course of another felony, during the distribution of banned controlled substances, or by acting indifferently to human life according to Fla.Stat. § 782.04. A conviction of murder or homicide can be a capital felony or a felony of the first or second degree.
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Defenses to Violent Crimes
Self Defense – A person can defend themselves with deadly force, and has no duty to retreat from someone using force against them, if they reasonably believed the person’s conduct was likely going to cause death or serious bodily injury. A person can also use non-deadly force if they reasonably believed it was necessary to defend themselves against someone’s conduct against them.
Defense of Others – A person accused of committing a violent crime could potentially use this defense if they reasonably believed force was necessary to defend someone against the conduct of another person. Deadly force may be permitted if the person reasonably believed death or serious body injury was very likely about to happen to the person they defended.
Defense of Property – A person can use justifiable force, and has no duty to retreat, if an intruder unlawfully enters the person’s home, residence or occupied vehicle.
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Penalties for Violent Crimes
The penalties for violent crimes can vary depending on the type of crime committed, and the circumstances surrounding the offense. For example, someone can face prison or jail time, fines, a possible death sentence, probation, court ordered counseling or an abuse program, and community service.
Violent crimes can also have a long-lasting effect on your personal life and affect potential jobs, financial aid, school admissions, personal relationships, and an ability to ever possess a firearm. Although punishments can differ depending on the crime, general punishments for misdemeanors and felonies are:
- Misdemeanors of the second degree can typically lead to 60 days in Florida jail, and/or incur fines up to $500.
- Misdemeanor of the first degree charges can include imprisonment in jail for up to one year and/or fines up to $1,000.
- Charges that are classified as felonies of the third degree can incur prison time up to five years and/or fines up to $5,000.
- Convictions for felonies of the second degree can lead to prison time up to 15 years and/or fines up to $10,000.
- A conviction for a felony of the first degree can include prison time up to 30 years, or up to life imprisonment, and/or fines up to $10,000.
- Felonies that are life felonies can include prison time typically up to life imprisonment, and/or fines of $15,000.
- Capital felonies can incur death sentences or life in prison without the possibility of parole.
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Resources
Florida Statutes Online – This web site contains all of the Florida Statutes governing Florida violent crimes, possible defenses to such crimes, and the penalties for convictions of violent crimes.
The Florida Department of Law Enforcement – This Florida governmental agency promotes public safety by preventing, investigating and solving violent crimes. The Department is located at:
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Phone: (850) 410-7640
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The Law Offices of Don Pumphrey, Jr. | Tallahassee Violent Crime Arrest Lawyer
Contact an experienced criminal lawyer at the Law Offices of Don Pumphrey, Jr., if you are under investigation for any violent crime, including felonies or misdemeanors. Our attorneys represent men and women charged with crimes of violence throughout Tallahassee in Leon County, and the surrounding areas throughout Florida's Second Judicial Circuit, including Crawfordville, Quincy, Bristol, Midway, and Monticello. Call today to speak with an attorney to find out the necessary steps to protect yourself.