Criminal charges come in all types of crime including but not limited to drug crimes, juvenile crimes, DUI, and theft, but the most common criminal charges are crimes of violence. Violence crimes cover a range of criminal activities that our Miami Criminal defense lawyer will cover in this blog post.
Crimes of violence are defined as crimes that use or threaten violent force upon a victim. The different types of crimes covered by this term are listed and explained below:
Assault is defined as a threat of violence against another person. No physical contact or actual violence may happen. In Florida law, our Miami Criminal defense lawyer always stresses the important factor of assault all depends upon the accused’s ability to carry out the threat of violence. Assault can be classified as simple or aggravated assault. Simple assault is a second degree misdemeanor punishable by up to sixty days in jail and a $500.00 fine. Aggravated assault is a third degree felony which is punishable by up to five years in jail and a $5000.00 fine. If a deadly weapon is present in an assault charge, the accused could be looking at up to five years in prison with a three year mandatory sentencing.
Battery is defined as violently striking or causing harm to another person against their will. Unlike assault, battery follows up on the threat to violence. Like assault, battery can be classified as simple or aggravated. Simple battery is considered to be a first degree misdemeanor and can land you a year in prison. Aggravated battery, on the other hand, is classified as a second degree felony punishable by up to fifteen years in prison. Battery is considered aggravated if a weapon is used, the attack results in permanent disability or disfigurement, or with the intent to commit felony. In extreme cases, battery charges can land the accused life in prison.
Robbery involves the use of force, violence and assault during theft. It is classified as a second degree felony punishable by up to fifteen years in prison. If the robbery is committed with a weapon, prison sentencing is doubled to thirty years in prison.
Carjacking is a type of robbery that involves force in an attempt to steal a car. It is a first degree felony and can be punishable by life in prison if a weapon is used.
Kidnapping is defined as the confinement, abduction, or imprisonment of another person against their will through threat of force. Kidnapping charges are serious and it all comes down to the details. The state must prove that the accused had intentions of holding the victim hostage or inflicting harm. Kidnapping is punishable by up to thirty years in prison, but if the victim is younger than thirteen years old, it can be punishable by life in prison.
False imprisonment is similar to kidnapping but with the key difference of imprisonment through force. Classified as a third degree felony, false imprisonment is punishable by five years in prison. If a child under thirteen is the victim, false imprisonment is then classified as a first degree felony punishable by life in prison. Like kidnapping, the punishment depends upon the severity of the crime and the details of each case.
Criminal charges based on crimes of violence are serious, especially in Florida. It’s not enough to have an attorney familiar with Florida crime statutes; you need a Miami Criminal Defense Lawyer like Jason Seidman.