Violent crimes are among the most serious felonies in the criminal justice system. They come with high punishments and life-changing repercussions. Therefore, you should never face such charges without representation from a competent Miami criminal defense attorney.
Definitions and Classifications of Violent Crimes
The law defines violent crimes as actions involving the use or threat of physical force against another person. State jurisdictions often define the crimes as felonies, with lengthy jail terms and fines that are significantly hefty and have long-term consequences beyond incarceration.
Homicide
The most serious violent crime is murder. First-degree murder, which involves premeditation, can cause death or life in prison without release. Second-degree murder, done with a depraved mind but without premeditation, can lead to life in prison. Less severe manslaughter carries a sentence of up to 15 years in jail.
Kidnapping
Law enforcement considers kidnapping as a felony of the first degree – a crime that comes with life in prison. The offense consists of detaining, abducting, or imprisoning another person against their will. Aggravating elements may include seeking money or committing another crime during an offense.
Robbery
The law defines robbery as stealing property with the use of force, thereby instilling fear in the victim. Armed robbery is a first-degree felony with a maximum life sentence. Strong-arm robbery without a firearm is a second-degree felony punishable by up to 15 years in prison. Carjacking, a type of robbery involving vehicles, has comparably harsh penalties.
Aggravated Assault
Aggravated assault happens when someone assaults another person with a lethal weapon without intending to kill or perform a crime. This second-degree felony carries up to 15 years in jail. The presence of firearms or other weapons significantly increases possible penalties.
Aggravated Battery
Aggravated battery occurs when an offender willfully causes another person serious physical harm, a permanent incapacity, or a life-long deformity. When committed against pregnant women or with dangerous weapons, police describe the offense as a first-degree crime. It carries a penalty of up to 30 years in jail. The severity of the punishment increases if the victim is a police officer or other protected professional.
Arson
Arson, the intentional burning of structures or property, carries harsh penalties. First-degree arson involving occupied structures carries up to 30 years in jail. Second-degree arson involving vacant structures carries a maximum sentence of 15 years. Law enforcement may add penalties if the fire causes monetary damages or death.
Sexual Battery
Sexual battery includes some of the worst punishments under a state’s criminal laws. Sexual battery with bodily force carries a life sentence. When committed against kids or with firearms, it can cause mandatory life terms without the possibility of release.
Legal Sentencing
Each state has its sentencing procedures. For example, Florida uses a point-based Criminal Punishment Code to establish minimum penalties for violent offenses. Points are allocated depending on the gravity of the offense, past criminal history, victim injuries, and other criteria.
For instance, the state’s 10-20-Life statute mandates mandatory minimum terms for firearm-related crimes. Possessing a gun or other type of firearm while committing a violent offense may lead to a minimum sentence of 10 years in jail. Discharging a weapon extends this charge to 20 years. Causing damage or death with a firearm is punishable by 25 years to a life-long prison term.
Collateral Consequences of Violent Crime Convictions
Being convicted of a violent crime can also have long-lasting consequences that extend beyond the immediate legal penalties. These collateral consequences can significantly impact various aspects of your life and make it challenging to move forward.
One of the most significant collateral consequences of a violent crime conviction is the impact on employment opportunities. Many employers conduct background checks on potential hires, and a violent crime conviction can be a red flag. This can make it difficult to secure stable employment and provide for yourself and your family. Additionally, certain professions, such as healthcare, education, or government positions, may be off-limits with a violent crime conviction on your record.
Housing can also become an issue. Landlords routinely run background checks on potential tenants, and a violent crime conviction can make it challenging to find suitable housing. Many rental applications include questions about criminal history, and a conviction can result in denial or limited housing options. This can lead to instability and further challenges in rebuilding your life after a criminal conviction.
Another collateral consequence of a violent crime conviction is the impact on personal relationships. The stigma associated with such convictions can strain relationships and make it difficult to rebuild trust.
An experienced attorney can explore options for mitigating these consequences, such as avoiding a conviction to begin with.
The Importance of Legal Representation
Criminal defense attorneys offer several services to clients accused of serious crimes.
Common Defense Strategies
Depending on the circumstances, a criminal defense lawyer may use various defense methods to defend a violent crime.
Self-Defense
Legal arguments for self-defense may justify the use in situations where a realistic risk of physical injury exists.
Alibi Defenses
Alibi defenses are most potent when accompanied by substantial proof that places offenders elsewhere during a crime. Security camera evidence, mobile phone data, credit card transactions, and reliable witness testimony can all provide solid alibis.
Questioning the Evidence
Challenging evidence dependability is another critical defensive approach. Defense attorneys examine forensic evidence gathering and analyzing protocols, including chain of custody and testing methodologies. Expert witnesses may identify flaws in the prosecution’s evidence.
Challenging the Constitutionality of Searches
Some situations justify challenging the constitutionality of searches, seizures, or interrogations. Successful motions to suppress evidence may cause a dismissal or notably weaken the prosecution’s case.
Plea Bargaining
Plea bargaining is typically necessary in negotiating a violent crime. Defense attorneys use case flaws and mitigating circumstances to obtain lower charges or punishments. A plea deal can assist clients in escaping mandatory minimum sentences or lifelong penalties for certain offenses.
Contact a Violent Crimes Defense Lawyer About Your Case Now
Understanding violent crime classifications, sanctions, and defenses enables the accused to make educated judgments regarding their cases. Working closely with a competent criminal defense attorney gives you the best chance for a better outcome. Contact a criminal defense lawyer today about your case.