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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 am a Miami criminal defense attorney that has prosecuted and defended many of these crimes and can help you fight these charges. What follows is a discussion and law regarding MURDER, KIDNAPPING, BURGLARY, AGGRAVATED BATTERY, CHILD ABUSE, AND ROBBERY. Please scroll down to the appropriate crime you wish to learn more about.

MURDER

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

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

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.

FLORIDA BURGLARY STATUTES:

810.02 Burglary.--

(1)(a) For offenses committed on or before July 1, 2001, "burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b) For offenses committed after July 1, 2001, "burglary" means:

1.Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2.Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a.Surreptitiously, with the intent to commit an offense therein;

b.After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c.To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2)Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a)Makes an assault or battery upon any person; or

(b)Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

(c)Enters an occupied or unoccupied dwelling or structure, and:

1.Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2.Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

(3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains;

(b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;

(d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains.

(4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a) Structure, and there is not another person in the structure at the time the offender enters or remains; or

(b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

810.06 Possession of burglary tools.-- Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

810.061 Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty.--

(1)As used in this section, the term "burglary" has the meaning ascribed in s. 810.02(1)(b).

(2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

810.07 Prima facie evidence of intent.--

(1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense.

(2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense.

AGGRAVATED BATTERY OR ASSAULT

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

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

Robbery is defined as the taking of money or other property from the person or custody 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 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.

ROBBERY STATUTES

812.13 Robbery.

(1)"Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a)If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a)An act shall be deemed "in the course of committing the robbery" if it occurs in an attempt to commit robbery or in flight after the attempt or commission.

(b)An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

812.131 Robbery by sudden snatching.--

(1)"Robbery by sudden snatching" means the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. In order to satisfy this definition, it is not necessary to show that:

(a)The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or

(b)There was any resistance offered by the victim to the offender or that there was injury to the victim's person.

(2)(a)If, in the course of committing a robbery by sudden snatching, the offender carried a firearm or other deadly weapon, the robbery by sudden snatching is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)If, in the course of committing a robbery by sudden snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a)An act shall be deemed "in the course of committing a robbery by sudden snatching" if the act occurs in an attempt to commit robbery by sudden snatching or in fleeing after the attempt or commission.

(b)An act shall be deemed "in the course of the taking" if the act occurs prior to, contemporaneous with, or subsequent to the taking of the property and if such act and the act of taking constitute a continuous series of acts or events.

812.133 Carjacking.--

(1)"Carjacking" means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a)If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a)An act shall be deemed "in the course of committing the carjacking" if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.

812.135 Home-invasion robbery.--

(1)"Home-invasion robbery" means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

(2)(a)If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Contact me to review your case and to explain your options. I am a Miami Criminal Defense Attorney with experience in these crimes both as a prosecutor and defense attorney.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami criminal defense attorney about your legal rights and responsibilities regarding your particular case.