Violent crimes include murder, forcible sexual offenses like rape, aggravated battery, aggravated assault, and robbery. These are crimes that prosecutors take very seriously. Often, they try to hasten an investigation, even when the penalties upon a conviction are extremely harsh. If you are charged with a violent crime, you should consult experienced St. Petersburg violent crime lawyer Will Hanlon, who is dedicated to protecting the rights of the accused. It is crucial to involve an attorney on your side at the earliest possible stage, even during the investigation if possible.Violent Crimes Under Florida Law
Specific penalties for violent crimes vary depending on what the crime is, but in most cases, the penalties are very severe and can be life-altering. They may include many years of incarceration and, in the case of capital offenses, possibly the death penalty.
For example, aggravated assault is a third-degree felony for which you can face up to five years’ incarceration or probation and a $5,000 fine. Even first-time offenders can face the possibility of going to prison. To establish aggravated assault under section 784.021, a prosecutor will need to establish beyond a reasonable doubt that the accused intentionally and unlawfully threatened by word or act to do violence to the alleged victim, the accused seemed to have the ability to carry out the threat at the time, the threat instigated a well-founded fear that violence was about to occur, and the assault was made with the fully developed intent to perpetrate a felony. A violent crime attorney in St. Petersburg can help you determine whether you may be able to attack any of these elements.
For another example, the crime of aggravated sexual battery against someone 18 or older is a first-degree felony. If there is no basis to impose a downward departure sentence, a judge is supposed to sentence someone convicted of aggravated sexual battery on someone over 18 to a minimum prison sentence of 94.5 months and can also impose up to 30 years of incarceration or 30 years of sex offender probation, as well as a maximum of $10,000 in fines.
To establish aggravated sexual battery, the prosecutor will need to show that the defendant had vaginal, anal, or oral contact with someone else using an object or sexual organ, and an aggravating circumstance was present. Aggravating circumstances include physical helplessness, coercion into submission through threats of force or violence likely to create serious injuries, or coercion into submission through threats of retaliation against the victim or someone else, when the victim reasonably believed that the offender had the ability to follow through on the threat. Also, an aggravating circumstance can apply when a victim was non-consensually and unknowingly drugged into incapacitation, the victim was assaulted because of a known mental defect, the victim was physically incapacitated, or the perpetrator was a law enforcement officer, correctional probation officer, correctional officer, or someone who was in a position of control or authority or reasonably believed to be in a position of authority or control as a governmental agent or employee.
It can be overwhelming to be accused of a violent crime, but a St. Petersburg violent crime attorney often can raise a strong defense to fight a charge of committing a crime like rape, felony battery, or murder. Sometimes, it is appropriate to focus on procedural defenses to get evidence suppressed when possible. In other cases, more substantive defenses like Stand Your Ground may be available. If a St. Petersburg criminal defense attorney gets involved early, it may be possible to persuade the prosecutor based on the circumstances that a lesser charge is appropriate, or a plea deal should be struck that involves a lighter sentence.Consult a Resourceful Violent Crime Lawyer in St. Petersburg
St. Petersburg is considered more dangerous than many nearby cities in Florida and many other cities of a similar size in the U.S. If you are seeking a tough and skillful lawyer to fight serious criminal charges, Hanlon Law may be able to represent you. Our founder, Will Hanlon, has been providing dedicated representation since 1994. You can call Hanlon Law at 727.897.5413 or complete our online form.
- Aggravated Battery Causing Great Bodily Harm with a Deadly Weapon
- Aggravated Battery Causing Great Bodily Harm, Permanent Disfigurement, or Permanent Disability
- Aggravated Battery with a Deadly Weapon 784.045(2)
- Battery on a Law Enforcement Officer
- Battery on Emergency Care Provider, Public Employees, or Other Specified Officers
- Felony battery pursuant to Florida Statute section 784.03
- Resisting an officer with violence
- Resisting an officer without violence
- Shooting or Throwing a Deadly Missile
- Stand Your Ground