Violent Crime Lawyers in New Port Richey, Florida
Get the Help of an Experienced Lawyer
Any intentional act that is aggressive towards another individual can be defined as a violent crime. This activity may also be against property. The offender will try to inflict harm, sometimes being successful in this.
Because these crimes are often very violent, Florida judges have a tendency to believe the victim. However, it should be said that defendants can still have a good case if they find the right lawyer who is willing to put in the work to make a strong defense for the case.
At Musca Law Firm here in New Port Richey, we can develop the best possible defense for your case. Our goal is to find a solution that will be favorable to you. In many cases, we are successful at making negotiations with the prosecution. We definitely know our way around the courtroom. Don't hesitate to call our New Port Richey office today at (727) 480-9675 to schedule a free initial case consultation with one of our experienced criminal defense attorneys.
New Port Richey Types of Violent Crimes
There are various different types of violent crimes. These include:
- Assault - Defined as the unlawful and intentional threat of violence on another individual with the ability to do so.
- Robbery - An offender is robbing someone when they put fear in them in order to take property or money. The offender could have plans of keeping the stolen item(s) on a temporary or permanent basis.
- Child Abuse - Failures or actions that a parent or guardian does that result in any injury or trauma of a child.
- Sexual Assault - Sexual contact or behavior that occurs with the victim having no consent.
- Murder - A premeditated unlawful killing of another individual.
- Manslaughter - A crime that involves the killing of another human without any malice.
- Homicide - Defined as any unlawful killing of a human being, this violent crime can include murder in the first and second degree, along with manslaughter.
- Armed Robbery - Robbery in which the offender is armed with a weapon.
- Rape - The act of forcing one to have sex with you against their will.
- Conspiracy to commit a violent crime - This is the plan to commit a violent crime that is illegal. It may or may not occur.
- Sodomy - anal or oral sex between two individuals or sexual activity involving a person and an animal.
- Carjacking - The crime of stealing a vehicle that is occupied.
- Domestic violence - Abuse from one person in a domestic setting.
- Hate Crimes - Crimes in which sexuality, race, religion, gender, gender identity, and more are the motivation.
- Arson - An act of setting fire to any property.
- Terrorism - Violence and/or intimidation to create a sense of terror among masses of people.
- Gang violence - Illegal acts of violence against other gang members. It may also be against military personnel, law enforcement, or firefighters.
- Kidnapping - Secretly, forcibly, or threatening to imprison or confine another individual against their will. There is also no legal authority to do so.
- Elder Abuse - The mistreatment of elderly individuals is intentional. This could be harmful or create a risk of harm. It can also be a failure for a caretaker to fulfill the basic needs of the elderly person.
- Stalking - This type of violent crime is one in which the offender seeks to be in control of the person they are stalking. It can happen online or in person.
- Teens date violence - The stalking, physical, psychological or sexual abuse, harassing, of any person between the ages of 12 and 18 from a past or present relationship that was or is romantic and consensual. It can also be referred to as intimate partner violence.
- Battery - The unlawful and intentional touching or striking of a person against their will. It may cause bodily harm.
Penalties for Violent Crimes
As violent crimes are crimes against humanity, they are punished severely. Depending on what the crime was will depend on the length of jail or prison time, probation, fines, victim restitution and more.
Assault penalties: Second-degree misdemeanor with up to 60 days in jail and a fine of $500. Six months of probation may also be given.
Simple Battery: A first-degree misdemeanor with penalties of up to one year in jail and a $1,000 fine. Probation of 12 months may also be given.
Stalking: A first-degree misdemeanor in New Port Richey, this violent crime will result in up to one year in jail, one year of probation, and a fine of $1,000. There will also be a restraining order imposed.
Arson: This first-degree felony is punishable by up to 30 years in prison and a fine of $15,000.
Carjacking: A first-degree felony that is punishable by up to 30 years in prison.
Murder: This felony will result in 15 years to life without parole and possibly the death penalty.
Robbery: A felony in the first degree that will be punishable by up to 15 years in prison. Fifteen years of probation may also be given, along with a $10,000 fine.
Armed Robbery: Punishable by up to 30 years in prison, this violent crime is labeled as a first-degree felony.
In New Port Richey and the rest of Florida, violent crimes can be viewed as dangerous crimes. According to the Florida Statutes, Section 907.041, the following are all classified as dangerous crimes:
- Child abuse or aggravated child abuse
- Illegal use of explosives
- Home invasion robbery
- Abuse of an elderly person or disabled adult
- Act of terrorism as defined in s. 775.30, F.S.
- Aggravated abuse of an elderly person or disabled adult
- Sexual battery
- Human trafficking
- Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at the solicitation of a person in familial or custodial authority
- Stalking and aggravated stalking: Acts of domestic violence as defined in s. 741.28, F.S.;
- Aggravated assault
- Aggravated battery
- Aircraft piracy
- Burglary to a dwelling
- Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
- Manufacturing any substances in violation of ch. 893, in the F.S.
- Attempting or conspiring to commit any such crime
Misdemeanors and Violent Crimes in New Port Richey
A misdemeanor in Florida is typically punished with less than a year in jail or prison. This will be handled by a county court judge. They are usually much less serious than a felony, however, they are still serious. They can be classified as either a first or second degree.
A first-degree misdemeanor cannot be punished by more than a year in jail, one year of probation, and a fine of $1,000.
A second-degree misdemeanor cannot be punished by any more than 60 days in jail, six months of probation, and a fine of $500.
Felonies and Violent Crimes in New Port Richey
Circuit court judges will handle all felony cases. Felonies will receive penalties of more than a year in prison. Felonies will be sentenced in accordance with Florida’s Criminal Punishment Code.
Capital felonies will be penalized with life in prison or the death penalty. There will not be a possibility of parole.
A life felony will be punished with life in prison. There will not be a possibility of parole. It could also be charged with a lifetime of probation and a $15,000.
A first-degree felony will be charged with up to 30 years in prison, 30 years of probation, and a fine of $10,000.
A second-degree felony will be charged with up to 15 years in prison, 15 years of probation, and a $10,000 fine.
A third-degree felony will be charged with up to 5 years in prison, 5 years of probation, and a fine of $5,000.
Florida’s Criminal Punishment Code
The Criminal Punishment Code in Florida, also known as the CPC, is a scoring system that provides what the minimum penalty for a felony is.
Every felony that is committed is assigned a level between 1 and 10. Each will carry a point value associated with them. The more serious the offense, the higher the number on the CPC.
Primary Offense Point Value
|Additional Offense Point Value||Prior Offense Point Value|
There will also be other factors that will depend on the sentence. These include if there were any weapons used, if there were any victim injuries, if any enhancement multipliers can be applied, if there were any serious felonies that happened prior to this one, and any community sanction violations.
Statute of Limitations in New Port Richey
Depending on what classification of a crime you have committed will depend on what statute of limitations. More serious crimes will take a longer time, as can be seen by the following list:
1st degree misdemeanor has a statute of limitations of 2 years
2nd degree misdemeanor has a statute of limitations of 1 year
1st degree felony has a statute of limitations of 4 years
Any other felony has a statute of limitations of 3 years
A capital felony, a life felony, or a felony that results in a death that has no statute of limitations
Questions to Ask Your Violent Crimes Attorney
There are many questions that you should consider asking your violent crimes attorney before you have hired them. These will include the following:
By asking questions, you will find out more about your lawyer, which can help make you more comfortable with them. If the attorney that you wish to hire has an issue answering any of these questions, they may not be for you. Any lawyer should be willing to answer the questions that you have for them, regardless of if they are about your case or their legal background and qualifications.
New Port Richey Criminal Attorney: We Stand With You
At Musca Law Firm, we know the importance of having a great lawyer. We also know that you need one that will stand with you, working hard to put together a defense that will win your case.
Our attorneys here have well over 150 years of combined legal experience. We have had many successful victories and would like to add yours to our list.
We offer a free initial case evaluation to all new clients. Please call us at (727) 480-9675 to speak with one of our highly-qualified attorneys today. Our phone lines are answered at 24/7. We look forward to hearing from you!
- How long have you been in practice?
- Are you well respected by others in your field? Have you ever represented any judges, attorneys, or the prosecution in any other cases?
- How many cases have you won? If you have lost any, why did you lose?
- If I need to get ahold of you, who am I to call? What is the best way to reach you? Via phone, email, or text? How quickly do you respond back?
- How often do you go to trial? How often have you settled out of court?
- Who will be all working on my case? Is it possible for them to meet me?
- How long do you expect my case to take?
- What information will you all need from me?
- How often do you communicate with me?
- Do you have a specific area of law that you are most familiar with?
- Where did you go to law school at? What year did you graduate?
- Are you board certified through the state of Florida?
- Do you belong to any BAR associations?
- Do you have anyone that highly recommends you? Do you have testimonials that I can view?
- Can I view your portfolio?
- Where will my case be handled at? How often do you represent someone in this courthouse?
- How often have you negotiated plea agreements with the state and prosecution?
- How confident are you that we have a good case? Are you confident that we can win it? What are the strong points in my case that would make us win?
- Do you foresee any problems with the case? If so, why?