Orlando Lawyers Break Down Punishments for Violent Crimes in Florida
Finding yourself facing criminal charges in Florida can be an incredibly stressful and frightening experience. The stakes are high, and the potential consequences severe. When violent crimes are involved, penalties tend to be harsher, and prosecutors more aggressive in pursuing convictions. Having an experienced Orlando criminal defense lawyer in your corner is essential.
In this article, we’ll provide an overview of common violent crimes in Florida, typical sentencing ranges, and options for defending against allegations. Our Orlando attorneys have seen these charges from both sides, as former prosecutors and criminal defense lawyers. We understand how these cases are handled, and what strategies give you the best chance of a favorable outcome.
Murder and Manslaughter Charges
Allegations of murder or manslaughter are among the most serious a person can face. Prosecutors pursue these charges when they believe someone has unlawfully taken a human life.1 There are degrees of homicide charges in Florida:
- First Degree Murder – Premeditated killing, or murder committed during a dangerous felony like robbery or arson. Conviction carries a mandatory life sentence or the death penalty.
- Second Degree Murder – Murder that is not premeditated, or results from a depraved indifference to human life. Punishable by up to life in prison.
- Manslaughter – Causing the death of another through culpable negligence. Maximum 30 years in prison.
Defending against homicide charges requires deep investigation into the circumstances and a commitment to hold the prosecution accountable at every stage. Evidence must be meticulously scrutinized, witnesses interviewed, and alternate theories of the crime developed.
Sexual Battery and Rape
Forced or unwanted sexual contact is considered a violent crime in Florida. Charges range from misdemeanor battery to first degree felony sexual battery.2 Punishments can include:
- Sexual Battery (Rape) – 1st Degree Felony. Up to 30 years in prison.
- Sexual Battery – 2nd Degree Felony. Up to 15 years in prison.
- Lewd and Lascivious Battery – 2nd Degree Felony. Up to 15 years in prison.
- Sexual Battery on a Minor – Capital or Life Felony. Up to life in prison or death penalty.
These allegations often come down to one person’s word against another. A dedicated defense lawyer will work to show inconsistencies in the accuser’s statement, bring up credibility issues, and demand proof beyond a reasonable doubt.
Robbery and Burglary
Taking property by force or entering a structure illegally with intent to commit a crime inside are considered violent felony offenses in Florida.3
- Armed Robbery – 1st Degree Felony. Minimum 10 years, up to life in prison.
- Home Invasion Robbery – 1st Degree Felony. Up to 30 years in prison.
- Unarmed Robbery – 2nd Degree Felony. Up to 15 years in prison.
- Burglary of a Structure – 2nd or 3rd Degree Felony. Up to 15 years in prison.
Mistaken identity is a common defense in theft and burglary cases. Eyewitness testimony can often be unreliable. A lawyer may also argue you lacked criminal intent, or were unlawfully entrapped.
Aggravated Assault and Battery
Assault involves creating a reasonable fear of imminent violence in the victim. Battery is unwanted physical contact. Charges become felonies when a weapon is involved or the injuries are severe.4
- Aggravated Assault – 3rd Degree Felony. Up to 5 years in prison.
- Aggravated Battery – 1st or 2nd Degree Felony. Up to 30 years in prison.
- Aggravated Battery on a Pregnant Woman – 1st Degree Felony. Up to 30 years in prison.
Self-defense is a common strategy against assault and battery allegations. An experienced lawyer may argue the physical force was justified and appropriate under the circumstances. They can also scrutinize the claimed injuries and cast doubt on whether a weapon was truly involved.
Domestic Violence
Domestic violence charges apply to abuse against family or household members. While penalties vary based on injuries and use of a weapon, these cases are taken very seriously in Florida.5
- Simple Battery Domestic Violence – 1st Degree Misdemeanor. Up to 1 year in jail.
- Aggravated Domestic Battery – 3rd Degree Felony. Up to 5 years in prison.
Defending domestic violence charges requires a nuanced approach. In addition to contesting guilt, it often involves seeking counseling, anger management, substance abuse treatment or other services for the accused. Diversion programs may also be an option to avoid a conviction.
Weapons Offenses
Florida law restricts the possession, sale, manufacture, and use of certain weapons including firearms and knives. Charges range from misdemeanors to serious felonies.6
- Possession of a Concealed Weapon – 3rd Degree Felony. Up to 5 years in prison.
- Possession of a Firearm by Convicted Felon – 2nd Degree Felony. Up to 15 years in prison.
- Aggravated Assault w/ Deadly Weapon – 3rd Degree Felony. Up to 5 years in prison.
Defending weapons charges requires a deep knowledge of Florida’s complex gun laws. Strategies may include challenging improper searches, contesting constructive possession, or asserting an exemption or lawful self-defense use.
Work with a Trusted Orlando Criminal Defense Lawyer
Facing any criminal charge is scary. Violent crime allegations raise the stakes even higher. But an experienced attorney can carefully analyze the evidence, identify weaknesses, and build the strongest possible defense on your behalf. If you or a loved one are under investigation or have been arrested, consult with a seasoned Orlando defense lawyer right away. An advocate in your corner could make all the difference.