Understanding what qualifies as a violent crime under Florida law directly affects the charges you face, available defenses, and potential penalties. A violent crime defense lawyer serving Jacksonville, FL, can clarify where your case falls under state statutes and what options exist for your defense.
What Does Florida Law Consider a Violent Crime?
Florida broadly treats violent crimes as offenses involving the use, attempted use, or threatened use of force against another person. Key statutes include Florida Statute 784, covering assault and battery, plus additional chapters addressing robbery, homicide, kidnapping, and sexual battery.
Under F.S. 784, assault is an intentional, unlawful threat to do violence to another person combined with the apparent ability to carry it out. Battery involves actual physical contact made against another person's will. These distinctions carry different felony or misdemeanor grades and sentencing ranges.
Common charges filed in Duval County include aggravated assault with a deadly weapon, aggravated battery causing great bodily harm, robbery or armed robbery, domestic violence battery, carjacking, kidnapping or false imprisonment, and manslaughter or homicide.
The charge grade depends on factors like the weapon used, severity of injury, and the victim's identity. A violent crime defense lawyer can identify which grade applies and how it affects your sentencing exposure.
How Does Stand Your Ground Affect a Violent Crime Charge?
Florida's Stand Your Ground law may provide a complete defense to certain violent crime charges. A person who reasonably believes they face imminent death or great bodily harm may use force, including deadly force, without a duty to retreat. This applies anywhere a person has a legal right to be, not just inside a home.
In Jacksonville, a pretrial immunity hearing can be requested before a judge. If the court finds the law applies, the case may be dismissed before it reaches a jury. Engaging a violent crime defense lawyer early is critical to building the record needed to support an immunity motion.
What Happens at a Jacksonville First-Appearance Hearing for Violent Crimes?
In Duval County, a person arrested for a violent crime appears before a judge within 24 hours; violent felony charges can trigger a no-bond hold.
What Are the Sentencing Realities for Violent Crimes in Florida?
Florida's Criminal Punishment Code scoresheet assigns violent crimes higher points, so even first-time convictions can trigger mandatory prison time; habitual offender status extends sentences further.
Can a Threat Alone Qualify as a Violent Crime in Florida?
Yes, under F.S. 784, a credible threat combined with the apparent ability to act on it meets Florida's legal definition of assault, even without contact.
Get Legal Help for Violent Crime Charges in Jacksonville
Facing a violent crime charge in Jacksonville, FL, requires experienced legal counsel.
Epstein & Robbins offers free consultations for people facing these charges throughout Duval County, Nassau County, and St. Johns County. To discuss your case and explore your defense options,
contact us today.
