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Violent Crime Attorneys in Naples, Florida 

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Violent crimes comprise intentional acts of aggression against people and/or pieces of property that threaten, inflict, or attempt to inflict damage of some sort. As Florida Criminal Law dictates, a violent crime can be ruled as a felony, and, if one or more people are convicted, they can face years in state prison. Besides time in jail, you will also face a permanent criminal record and (potentially) a loss of rights. Due to the serious nature of these crimes, legal officials usually prosecute these cases to the full extent of the law. 

If you are facing charges for a violent crime, we at Musca Law can help you support your rights. Our criminal defense attorneys have over 150 years of combined experience with criminal defense and will guide you every step of the way. We understand the complex structure of Florida Law and the nature of the prosecution. 

For more information, call (239) 793-5297 to speak to a representative at our office in Naples, Florida. 

What Are the Types of Violent Crimes? 

Ultimately, the definition of a violent crime is broad. As a result, several criminal activities fall under this category. Here is a closer look: 

  • Homicide: unlawful killing of another human being by means of acts, procurement, and/or negligence (includes 1st-degree murder, 2nd-degree murder, and three forms of manslaughter) 
  • Robbery: use of force, violence, assault, or instilling fear in the process of taking money (or other forms of property) for the purpose of keeping (permanently/temporarily) this item from the rightful owner
  • Assault: unlawful and intentional threat of inflicting physical violence on a victim with the ability to do so (includes use or brandishing of a deadly weapon for the intent of committing a felony) 
  • Battery: intentional and touching/striking of a victim against his/her will or intentional infliction of bodily harm 
  • Kidnapping: forcibly, secretly, or by threat abducting and imprisoning a person against his/her will 
  • Child Abuse: neglect or failure to protect a child against incidences that result in injury or trauma
  • Conspiracy to Commit a Violent Crime: planning a crime (whether or not this incident actually takes place) 

Prosecution and Charges for Violent Crimes in Florida 

Although the penalties for violent crimes vary (depending on the severity of the crime), 1st-degree murder is the only conviction that may result in the death penalty. Aside from this, the second most severe forms of punishment are life sentencing or a 30-year prison sentence, both of which are eligible for violent crime convictions. As part of the investigation, the prosecution will use the testimonies of experts and witnesses and any available evidence to prove the defendant is guilty. In response to these serious penalties, a skilled Florida attorney knowledgeable in violent crime cases will rebut testimonies and provide evidence that proves the innocence of the alleged culprit. 

Charges for Homicide (Act of Murder) in Florida  

Florida Statute Title XLVI Chapter 782.04 (1-2) defines murder as the premeditated and illegal action of killing a victim. Apart from homicide (singularly), criminals may also commit an act of murder while simultaneously attempting to burglarize property (including home invasion), kidnap a victim, sexually assault a victim, carjack a vehicle, or inflict any other form of physical/verbal violence. 

Any act of murder categorized under Chapter 782.04 (including any acts of terrorism or drugging) will be labeled as a federal crime, resulting in the culprit’s processing into federal court. People who murder victims will be charged with a life sentence and a count of 2nd-degree murder. 

If culprit did not initially want to murder a person (as determined by the court), the criminal will faces charges of a 3rd-degree murder (ranked as a 2nd-degree felony), punishable by a 15-year prison sentence and a $10,000 fine. 

Assisting in a Suicide 

As dictated by Florida Statute Title XLVI Chapter 782.08, any person who helps another person commit suicide (self-murder) will face charges of a 2nd-degree felony for manslaughter, punishable by a 15-year prison sentence and a $10,000 fine. 

Charges for Vehicular Homicide in Florida 

As dictated by Title XLVI Chapter 782.01 defines vehicular homicide as the act of recklessly using a vehicle (e.g. car, truck) to kill a victim and/or an unborn child. Under this Florida code, criminals may be punished in one of the following ways, depending on the severity of the crime: 

  • Chapter 782.01(a): Offenders who commit an act of vehicular homicide face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 
  • Chapter 782.01(b): If (during the time the crash took place), the culprit was aware that accident occurred and did not attempt to render aid to the victim(s), he/she will face charges for a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000 to $15,000 fine. 

Charges for Robbery Crimes

As dictated by Florida Statute Title XLVI Chapter 812.13 (1), a robbery occurs when a person steals (or makes an attempt to steal) money or additional types of property from the rightful owner, with the intention to prevent this owner from wielding authority over this property (temporarily/permanently). Depending on the circumstances surrounding the crime, the culprit may face on the following charges: 

  • Chapter 812.13(2a): If the culprit was armed with a deadly weapon as the crime was taking place, he/she will face charges for a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000 to $15,000 fine. 
  • Chapter 812.13(2b): If the culprit was armed with a weapon during the time the crime occurred, he/she will be charged with a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000 to $15,000 fine. 
  • Chapter 812.13(2c): If the culprit was not carrying a weapon during the robbery, he/she will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a fine of $10,000. 

Charges for Assaulting a Victim 

Florida Statute Title XLVI Chapter 784.011 defines assault as an intentional and illegal threat of violence or the act of violence towards a victim (or victims) and retaining the physical ability to carry out this threat, triggering an overwhelming sense of fear in the victim (who believes he/she will suffer from a violent attack). Any culprit who maliciously attacks or threatens a person in this manner will face charges of a 2nd-degree misdemeanor, punishable by a 60-day prison sentence and a $500 fine. 

On that note, any person who commits the act of aggravated assault (occurring when a person uses a weapon to abuse/injure victims, with the intention of committing a felony) will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a fine of $5,000. 

Committing an Act of Battery in Florida 

As dictated in Florida Statute Title XLVI Chapter 784.03, an act of battery occurs when a culprit maliciously touches/hits a victim against that victim’s will, resulting in bodily injuries. Any person who commits a crime of this nature will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine. Any person with previous convictions for battery who commits a second or subsequent crime of this nature will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

As stated in Chapter 784.041, a felony battery crime occurs when a culprit maliciously touches/strikes a victim and inflicts permanent bodily damage, facial disfigurement, or disabilities. In this case, offenders will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

As dictated in Chapter 784.045, an act of aggravated battery takes place when a culprit (during the act of battery) purposefully inflicts physical damage on a person and (in the process) brandishes a dangerous weapon. (Aggravated battery also includes a situation when the culprit should have known a female victim was pregnant or was fully aware this woman was expecting.) Offenders who commit an act of aggravated battery will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine. 

Charges for Kidnapping 

Florida Statute Title XLVI Chapter 787.01 defines kidnapping as an act of forceful/threatening abduction, imprisonment, and/or holding of a victim (or victims) against that victim’s will with the intention of: 

  • Holding the victim for ransom or use him/her as a hostage for bargaining. 
  • Committing any sort of felony. 
  • Terrorizing victims or inflicting physical harm on them. 
  • Disrupting the function of government. 

Any person who kidnaps a victim (for any of these aforementioned purposes) will face charges of a 1st-degree felony, punishable by a 30-year prison sentence and/or a fine that does not exceed $10,000-$15,000. 

Charges for Kidnapping Children 

Under the same rules defined in Chapter 787.01, any person who kidnaps a victim who is 13 years of age or younger against the will of the parents or guardians will face one of the following charges (depending on the circumstances surrounding the crime), punishable by a life felony and a $10,000 to $15,000 fine: 

  • Aggravated abuse of a child
  • Sexual battery of a child
  • Lewd battery (or lascivious), molestation, conduct, and/or exhibition
  • Child prostitution 
  • Exploiting the child 
  • Human trafficking 

Charges for Abusing Children in Florida 

Florida Statute Title XLVI Chapter 827.03 defines child abuse as the act of battering, torturing, intentionally harming, or maliciously/cruelly punishing juveniles, resulting in the infliction of physical injuries and emotional trauma. This category also includes the act of urging someone to physically or verbally abuse children. 

Anyone who commits this crime may be charged in the following ways, depending on the circumstances surrounding the offense: 

  • Aggravated child abuse: People who commit this crime will be charged with a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000 to $15,000 fine. 
  • Child neglect: People who willingly and maliciously neglect children (resulting in physical harm and/or emotional trauma) will face charges of a 2nd-degree felony, punishable by a 15-year prison sentence and a $10,000 fine.
  • Abusing a child: Anyone who maliciously abuses a child and does not inflict physical harm on the victim will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 
  • Child neglect (no injury): People who intentionally and maliciously neglect children without inflicting physical harm or emotional trauma on the victim will face charges of a 3rd-degree felony, punishable by a 5-year prison sentence and a $5,000 fine. 

Charges for Conspiring to Commit Violent Crimes 

Florida Statute Title XLVI Chapter 777.04 (3) dictates that any person who agrees to participate in a crime or works with another person to commit this crime, ultimately resulting in a failure to carry out this crime, will face charges of a conspiracy to commit this offense. In the effect that courts label the crime as a low-ranking conspiracy, the culprit will face charges of a 1st-degree misdemeanor, punishable by a 1-year prison sentence and a $1,000 fine. If the crime constitutes a capital felony, the culprits will face charges of a 1st-degree felony, punishable by a 30-year prison sentence and a $10,000 to $15,000 fine. 

Reaching a Verdict for Violent Crimes in Florida 

For a readout of instructions provided to juries for the aforementioned crimes, please review the links to the following cases: 

Get a Strong Legal Defense for Your Charges of Violent Crimes in Florida 

If you have been accused of committing a violent crime, you are facing potentially disastrous charges, which can not only ruin your record but also your life forever. The punishment for these offenses far outlives a prison sentence, but you don’t have to be afraid to get support for your problem. Put the skills of an experienced defense attorney to good use. Our legal team at Musca Law has the resources to help fight your violent crime conviction. Without advice and years of expertise on your side, you are far more likely to win your case and build a better future for yourself (and your loved ones). 

Musca Law is ready to help. Call us today at (239) 793-5297 to speak with a highly qualified representative at our Naples office.

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