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Miami Criminal Defense Attorney
Violent crimes are the most serious felonies. Below is an overview of a few of the major violent crimes in Florida. I prosecuted many of these crimes and can help you fight these charges.
- First Degree Murder (punishable by death in some cases)
- Second Degree Murder (punishable by up to life in prison)
- Third Degree Murder (punishable by up to 15 years in prison)
- Manslaughter (punishable by up to 15 years in prison)
- Attempted Murder (punishable by up to 30 years in some cases)
- Felony Murder - where the defendant is engaged in an "enumerated crime" and a victim is killed, even though the defendant may not have actually killed the victim, just by being involved in the underlying crime, the defendant may be charged with felony murder (punishable by death in the most serious cases)
- Vehicular homicide - where the defendant operates a motor vehicle in a manner so reckless that it is likely to cause death (punishable by up to 15 years in prison)
Kidnapping is a first degree felony punishable by life in prison. Kidnapping is defined as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his or her will and without lawful authority with the intent to:
- Hold for ransom or reward or as a shield or hostage; or
- Commit or facilitate the commission of a felony; or
- Inflict bodily harm or terrorize the victim; or
- Interfere with the performance of any governmental or political function.
Also, similar to kidnapping, is false imprisonment. False imprisonment is defined as forcibly, secretly, or by threat, confining, abducting, or imprisoning another person against his or her will (without the intent stated above). False imprisonment is a third degree felony punishable by up to 5 years unless the victim is under 13 years old, and then it becomes a life felony.
Burglary may be considered a violent crime depending on whether or not it was done with a weapon and whether or not a person was actually victimized. Burglary is defined as entering a dwelling (house), structure (building), or conveyance (car, truck, boat, etc.) with the intent to commit another crime therein. People often think burglary means stealing but its legal definition is entering a place with the intent to commit a crime while in that place.
Burglary can be a first degree felony punishable by life in prison if during the burglary, there was an assault or battery committed. Burglary is also a life felony if the defendant is armed during the burglary. This law also states that even if you do not enter a house while armed, if you take a weapon from the house, it is considered armed burglary, and thus, if punishable by life in prison.
A burglary of a car or structure that is not a home is not considered a violent crime and is a third degree felony, punishable by up to 5 years in prison.
Aggravated battery is defined in Florida as:
- Intentionally or knowingly causing great bodily harm, permanent disfigurement, or permanent disability; or
- Committing a battery using a deadly weapon; or
- A battery on a pregnant person.
Battery against law enforcement officers, medical staff, and elderly people are also felonies in Florida.
Aggravated assault is an assault with a deadly weapon without an intent to kill.
Child abuse is a third degree felony in Florida. Child abuse is defined as intentional infliction of physical or mental injury on a child, OR an intentional act that could reasonably be expected to result in physical or mental injury to child, OR active encouragement of a person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. Corporal punishment is allowed but only to a certain point.
AGGRAVATED CHILD ABUSE
Aggravated child abuse occurs when:
- A person commits aggravated battery on a child; or
- A person willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or knowingly or willfully abuses a child and in doing so causes great bodily harm, permanent disability, or permanent disfigurement.
Robbery is defined as the taking of money or other property from the person orcustody of another with the intent to permanently or temporarily deprive the person of that money or property by force, violence, assault or putting in fear.
Robbery with a firearm is punishable by life in prison. Robbery with any other type of weapon is punishable by up to 30 years in prison.
Robbery with no firearm or weapon is a second degree felony punishable by up to 15 years.
A Home Invasion robbery where a person enters the home of another is a first degree felony punishable by life if there was any kind of weapon used.
Carjacking, which is basically robbery where a car is taken. In these cases,it is a life felony if any sort of weapon was used. it is a 1st degree felony punishable by 30 years if no weapon was used.
Contact me to review your case and to explain your options.
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