Miami Attorneys List the Punishments for Different Violent Crimes in Florida
Violent crime is a big problem in Florida, with over 100,000 violent crimes reported each year. As a result, Florida has some of the toughest sentencing laws in the country for violent offenders. Miami attorneys regularly defend clients accused of violent crimes like murder, sexual assault, robbery, and aggravated assault. Here’s an overview of the potential punishments for some of the most serious violent crimes in Florida.
First-Degree Murder
First-degree murder is the most serious homicide charge in Florida. It involves an intentional killing that is willful, deliberate, and premeditated. Or it involves a killing committed during the course of a dangerous felony like robbery, burglary, or sexual battery. Under Florida law, first-degree murder is a capital felony punishable by either life in prison without parole or the death penalty. The State Attorney has discretion on whether or not to seek the death penalty. From 2000 to 2020, Florida executed 99 offenders convicted of first-degree murder.
Second-Degree Murder
Second-degree murder involves an unpremeditated but intentional killing. It often results from a sudden quarrel or heat of passion when emotions are running high. Second-degree murder is a felony of the first degree in Florida, punishable by up to life in prison. A conviction for second-degree murder carries a minimum mandatory sentence of 25 years in prison before eligibility for parole. The judge has discretion to impose a greater sentence up to life in prison.
Manslaughter
Manslaughter is a homicide that results from negligence, recklessness or an accidental death. There are two types of manslaughter charges in Florida. Voluntary manslaughter is an intentional killing without premeditation that occurs in the heat of passion. Involuntary manslaughter stems from reckless or negligent behavior leading to an accidental death. Both forms of manslaughter are second degree felonies. The maximum punishment is 15 years in prison. But the sentencing guidelines provide for considerable judicial discretion based on the circumstances.
Sexual Battery
Sexual battery refers to the criminal act of forced or unwanted sexual contact. Rape is the most well-known form of sexual battery. But sexual battery also includes other forced or coerced sexual acts like oral sex, anal sex, and penetration with an object. Sexual battery is generally categorized as either first degree or second degree. First degree sexual battery involves the use of a deadly weapon or serious physical force likely to cause injury. It is a life felony with up to 30 years in prison. Second degree sexual battery can result in up to 15 years incarceration. The punishments increase for repeat offenders.
Robbery
Robbery refers to theft by force or threat of force. Armed robbery involves the use of a weapon. Strong arm robbery relies on physical force or intimidation. Robbery is generally categorized as either first degree or second degree. First degree punishments are more severe. Armed robbery and robberies that result in serious injury are first degree. The maximum punishment for first degree robbery is life imprisonment. Second degree robbery is punishable by up to 15 years incarceration. The severity of the sentence depends on factors like the use of a weapon and amount of force.
Aggravated Assault
An aggravated assault is an attack involving the intent to cause serious bodily injury and the use of a deadly weapon. Common aggravated assaults involve shootings, stabbings, beatings with a weapon, and vehicular assaults. Aggravated assault is a second degree felony punishable by up to 15 years in prison. However, if a firearm is used, there is a mandatory minimum sentence of 20 years. And if the victim suffers severe injury, the maximum sentence increases to 30 years incarceration.
Aggravated Battery
Aggravated battery is an intentional, unlawful attack involving the infliction of serious bodily injury. It is more serious than a standard assault because it results in grave injuries or permanent disability. Common aggravated batteries include shootings, stabbings, severe beatings, and acid attacks. Aggravated battery is a second degree felony with a maximum punishment of 15 years imprisonment. But if a firearm is used, there is a mandatory minimum sentence of 25 years.
Burglary
Burglary refers to illegally entering a dwelling or structure with the intent to commit a crime inside. In Florida, burglary is prosecuted as either first, second, or third degree depending on the circumstances. First degree burglary is a felony punishable by up to life imprisonment. It involves entering a home or occupied structure while armed or assaulting someone inside. Second degree burglary also involves dwellings but without an assault or weapon. It carries up to 15 years. Third degree burglary, for entering a commercial property, is punishable by up to five years incarceration.
Kidnapping
Kidnapping involves forcibly and unlawfully removing someone against their will, often for criminal purposes. First degree kidnapping occurs when the victim suffers bodily harm or is held for ransom. It is a life felony. Second degree kidnapping is punishable by up to 15 years imprisonment. Third degree kidnapping, involving confinement without harm, is a third degree felony with up to five years incarceration. Stricter sentences apply if victims are under 13 or if sex crimes are committed during the kidnapping.
Carjacking
Carjacking refers to theft of a motor vehicle by force or threat of force. It is a first degree felony punishable by up to 30 years imprisonment, regardless of whether a weapon is used. Carjacking sentences can extend to life imprisonment if serious injury results or if a firearm is discharged during the offense. There are also mandatory minimum sentences ranging from 4 years up to 25 years depending on the circumstances and criminal history.
Home Invasion Robbery
Home invasion robbery is a robbery or burglary involving the use or threat of force while inside a dwelling with occupants present. It is prosecuted as a first degree felony punishable by up to life imprisonment, regardless of whether a weapon is used. The maximum punishment increases to life without parole if a sexual battery occurs during the home invasion. Mandatory minimum sentences ranging from 15 to 50 years also apply based on criminal history and other factors.
10-20-Life Gun Laws
Florida’s 10-20-Life statutes impose mandatory minimum sentencing enhancements when firearms are used in violent felonies. Brandishing a firearm adds a 10-year minimum. Firing a gun adds a 20-year minimum. Shooting someone adds a 25-year to life minimum. These enhancements apply to convictions for offenses like murder, sexual battery, robbery, burglary, carjacking and more. The enhancements effectively increase the typical sentencing range when guns are involved.
Habitual Felony Offender
Under Florida’s habitual felony offender law, judges can impose harsher sentences on defendants with prior felony convictions. If a defendant has previously been to prison, the court can maximize sentences up to the statutory maximum for the primary offense. Judges can also impose mandatory minimum sentences within the guidelines range. These enhanced punishments apply across a wide range of violent crimes.
Violent Career Criminal
Florida’s violent career criminal statute increases penalties for defendants with at least three prior convictions for certain violent felonies. Qualifying past offenses include murder, sexual battery, robbery, aggravated assault, aggravated battery and more. Under the VCC law, judges must impose the statutory maximum sentence for the primary offense. They must also impose mandatory minimum sentences within the guidelines range.
Prison Releasee Reoffender
The prison releasee reoffender law in Florida mandates longer sentences for defendants who commit new violent crimes within three years of being released from prison. Qualifying crimes include murder, sexual battery, robbery, aggravated assault with a firearm, aggravated battery and more. PRReoffender sentencing requires serving the maximum sentence for the new offense with no early release. The judge has no discretion to lower the sentence.
Juveniles Charged as Adults
Florida prosecutors have discretion to charge juveniles aged 14-17 as adults for violent felonies like murder, sexual battery, armed robbery, aggravated assault with a firearm, and other dangerous offenses. If convicted as an adult, a juvenile faces the same statutory maximum penalties as an adult offender. However, judges have discretion to consider the youth’s age and maturity at sentencing when imposing a punishment within the guidelines.
Defense Strategies
Miami criminal defense attorneys use a variety of strategies to fight violent crime charges and seek reduced sentences. Common defenses in violent crime cases include arguing mistaken identity, raising doubts about intent, claiming self-defense, contesting aggravating factors, challenging evidence as illegally obtained, arguing provocation or heat of passion, and asserting intoxication. Sentencing mitigation focuses on presenting positive aspects of the defendant’s background and showing potential for rehabilitation.
The punishments for violent crimes in Florida are among the toughest in the nation. Prosecutors aggressively pursue severe sentences, while judges have limited discretion. Defendants face decades behind bars, with some violent offenses potentially resulting in life imprisonment or even the death penalty. Anyone facing prosecution for a violent crime in Miami needs an experienced and aggressive defense attorney to navigate Florida’s complex sentencing laws and fight for the most favorable outcome possible.