In Florida, when a defendant is charged with an offense classified as a “violent crime,” he or she faces a stiffer sentence than is imposed for other forms of criminal activity like property theft or white collar crime.

The violent crimes classification includes all offenses involving actual harm or a threat of harm to a person and where there was a reasonable probability of harm. Examples of violent crimes in Florida include:

• Homicide
• Assault and battery
• Kidnapping
• Arson
• Robbery
• Sexual assault
• Vehicular manslaughter or homicide

Violent crimes do not have to have violence as their primary goal. They also include crimes in which violence is incident to another purpose, such as when burglarizing a home causes harm to its residents.

The punishment for a violent crime depends on the degree. For example, violent crimes that are third-degree felonies are punishable by a maximum sentence of five years in prison, while first-degree felonies can result in a sentence of up to 30 years in prison. Additionally, certain violent crimes carry the death penalty in Florida. These include first degree murder, felony murder, capital drug trafficking and capital sexual battery.

Florida also follows what is known as the 10-20-Life law, which imposes certain mandatory sentences for offenses involving guns. If a defendant is in possession of a firearm while committing a crime, a minimum 10-year sentence must be imposed. If the firearm is actually used in the commission of the crime, a minimum sentence of 20 years is required. And if the defendant shoots someone during the crime, the mandatory minimum sentence increases to 25 years to life.

If you have been charged with a violent crime, a strong defense is demanded in view of the lengthy prison sentences that can be imposed. Defendants should also be aware that conviction of a violent crime can prohibit you from ever owning a firearm and will be permanently on your record. It cannot be sealed or expunged. You should consult an experienced criminal defense attorney who will fight aggressively for your rights. In some cases, it is possible that charges may be reduced to a lesser degree crime that avoids mandatory minimum sentence.

At the Law Offices of Tad A. Yates, P.C., Mr. Yates represents criminal defendants in all aspects of the criminal process, including in the defense of violent crimes. If you have questions or need representation, please call the Orlando office at 407-608-7777 or contact the firm online anytime.