Melbourne Lawyer for Violent Crimes in Brevard County, Florida

Facing accusations of a violent crime in Florida can be overwhelming and frightening as these offenses are treated by Florida prosecutors with the utmost seriousness. A conviction could turn your life upside down affecting your future, your family, and your freedom.

Melbourne Lawyer for Violent Crimes

Violent crime charges are often met with incredible suspicion and even harsher penalties. Even if you are proven innocent, you may still be treated differently and worse after you receive an innocent ruling.

If you are charged with a violent crime, you must contact an experienced criminal defense attorney in Brevard County, Florida.

Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana.

Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.

Specific Offenses
Maximum Jail Time and Fines for Violent Crimes
What Are Potential Defenses?
Criminal Process for Violent Crimes
Collateral Consequences of a Conviction
What Are Possible Alternatives to Incarceration?
Can a Criminal Defense Attorney Defend Me?
Additional Resources
Lawyer for Violent Crimes in Brevard County Florida

Specific Offenses

Assault – Florida Statutes Section 784.011 – Assault is when someone makes a threat to harm another person and acts in a way that makes the other person believe they are in immediate danger. In Florida, this is typically a second-degree misdemeanor. However, if the assault happens during a riot or aggravated riot, it becomes a first-degree misdemeanor.
Aggravated Assault | Assault With a Deadly Weapon – Florida Statutes Section 784.021 – Aggravated assault is when someone threatens to harm another person either by using a deadly weapon or by showing intent to commit a serious crime. Even if there is no intent to kill, the presence of a weapon or the intent to carry out another felony makes this offense more serious. This crime is classified as a third-degree felony.
Battery – Florida Statutes Section 784.03 – Battery occurs when someone intentionally touches or strikes another person against their will or causes them physical harm. The offense is typically treated as a first-degree misdemeanor. However, if the offender has a prior conviction for battery or similar crimes, the charge is elevated to a third-degree felony.
Battery by Strangulation – Florida Statutes Section 784.031 – Battery by strangulation involves someone intentionally blocking another person’s breathing or blood flow by applying pressure on their throat or neck, or by covering their nose or mouth, which creates a risk of serious harm. This act, done without the victim’s consent, is classified as a third-degree felony.
Felony Battery – Florida Statutes Section 784.041 – Felony battery is when someone intentionally hits another person and causes significant injury, such as great bodily harm, permanent disability, or disfigurement. This is considered a third-degree felony.
Aggravated Battery – Florida Statutes Section 784.045 – Aggravated battery is when someone intentionally inflicts serious injury on another person, such as causing great bodily harm, permanent disability, or disfigurement, or when the person uses a deadly weapon during the battery. If the victim is pregnant and the offender knew or should have known about the pregnancy, it is considered aggravated battery. This crime is a second-degree felony.
Kidnapping – Florida Statutes Section 787.01 – Kidnapping is when someone forcefully or secretly takes or confines another person against their will, intending to hold them for ransom, commit a crime, hurt them, or interfere with government activities. If the victim is a child under 13, and certain serious crimes like child abuse or sexual battery happen during the kidnapping, the offense becomes even more severe. Kidnapping is classified as a first-degree felony. If the victim is a child under 13 and specific additional crimes occur, it escalates to a life felony.
Manslaughter and Aggravated Manslaughter – Florida Statutes Section 782.07 – Manslaughter occurs when someone unintentionally causes the death of another person because of reckless actions or negligence without legal justification. This crime is classified as a second-degree felony. If the victim is an elderly person, a disabled adult, a child, or a public safety worker, the offense becomes aggravated manslaughter, which is a first-degree felony.
Abuse, Aggravated Abuse, and Neglect of an Elderly Person or Disabled Adult – Florida Statutes Section 825.102 – This offense involves intentionally harming or failing to care for an elderly person or disabled adult, which can include physical harm, psychological injury, or neglect. If someone abuses an elderly or disabled person without causing severe harm, it is a third-degree felony. If the abuse results in severe injury, it becomes a first-degree felony. Neglect that leads to severe harm is a second-degree felony. If there is no severe harm involved, then the offense is a third-degree felony.
False Imprisonment – Florida Statutes Section 787.02 – False imprisonment is when someone forcefully or secretly confines, abducts, or restrains another person without their permission. If this involves a child under 13, it counts as false imprisonment if done without the parent’s or legal guardian’s consent. This crime is classified as a third-degree felony. If false imprisonment of a child under 13 is paired with specific crimes like sexual battery or aggravated child abuse, it becomes a first-degree felony, which can lead to life imprisonment.
Resisting Arrest – Florida Statutes Section 843.01 – This offense occurs when someone knowingly uses or threatens physical force against a law enforcement officer or other authorized personnel while they are performing their legal duties. It is classified as a third-degree felony. If the person does not use or threaten physical force, it is classified as a first-degree misdemeanor.
Home-Invasion Robbery – Florida Statutes Section 812.135 – Home-invasion robbery is when someone enters a home intending to take something from the people inside and actually does take it. This crime is classified as a first-degree felony. If the person uses a gun or other dangerous weapon, they could face up to life in prison. If they use any other type of weapon, it’s still a first-degree felony with severe penalties. Even if no weapon is involved, the crime remains a first-degree felony.

Maximum Jail Time and Fines for Violent Crimes

2nd-Degree Misdemeanor: 60 days jail, $500 fine.
1st-Degree Misdemeanor: 1 year jail, $1,000 fine.
3rd-Degree Felony: 5 years prison, $5,000 fine.
2nd-Degree Felony: 15 years prison, $10,000 fine.
1st-Degree Felony: 30 years prison, $10,000 fine.
Life Felony: Life imprisonment, $15,000 fine.
Capital Felony: Death or life imprisonment.

Actual penalties vary based on the offense, the individual’s criminal history, and any aggravating circumstances. Misdemeanors are heard in county court, while felonies are heard in circuit court.

What Are Potential Defenses?

Self-Defense: This defense applies when a person uses force to protect themselves from an immediate threat of harm. In Florida, the law allows for the use of reasonable force, including deadly force, if the person believes they are in danger of being seriously injured or killed. The force used must be proportional to the threat faced.
Defense of Others: Similar to self-defense, this defense is used when a person uses force to protect another person from immediate harm. The person must have a reasonable belief that the individual they are defending is in imminent danger of being seriously harmed or killed, and the force used must be appropriate to the threat.
Stand Your Ground: In Florida, the “Stand Your Ground” law permits a person to use deadly force if they reasonably believe it is necessary to prevent death or great bodily harm to themselves or others. There is no duty to retreat before using force, even if retreating is possible.
Defense of Property: This defense is used when force is employed to prevent or terminate an unlawful intrusion or trespass onto one’s property. In Florida, a person may use non-deadly force to protect their property. Deadly force may only be used if the person believes it is necessary to prevent a forcible felony, such as burglary.
Duress: This defense applies when a person commits a violent act because they were forced to do so under the threat of immediate harm to themselves or someone else. The threat must be of serious harm or death, and the person must have had no reasonable way to avoid committing the act.
Insanity: This defense is used when a person was legally insane at the time of the violent act. In Florida, a person is considered legally insane if they were unable to understand what they were doing or unable to distinguish right from wrong because of a severe mental disease or defect.
Mistaken Identity: This defense relies on evidence that the wrong person was identified, such as an alibi, or challenges the reliability of witness identification.
Lack of Intent: This defense argues that the accused did not intend to commit the violent act. Many violent crimes require the prosecution to prove that the defendant acted with a specific intent, such as the intent to kill or seriously harm someone. If the defendant lacked this intent, it can be a strong defense.

Criminal Process for Violent Crimes

Mandatory Minimum Sentences

Florida is known for its strict sentencing laws, particularly for violent crimes. The state enforces mandatory minimum sentences for specific offenses, especially those involving firearms. For instance, the “10-20-Life” law (Florida Statutes Section 775.087) requires severe sentences such as 10 years for possessing a firearm, 20 years for discharging it, and 25 years to life if someone is injured or killed during the crime.

Enhanced Penalties for Repeat Offenders

Florida imposes harsh penalties on repeat offenders through the “Habitual Violent Felony Offender” law. This law allows for increased sentences, including life imprisonment, for individuals with prior convictions for violent crimes.

Death Penalty Jury Requirements

Florida is one of the few states that does not require a unanimous jury recommendation for the death penalty. Currently, a death sentence can be recommended with a 10-2 jury vote, which is less strict than the unanimous requirement in many other states.

Pretrial Detention Policies

In Florida, those accused of serious violent crimes may face stringent pretrial detention. Courts can deny bail if they determine the accused poses a danger to the community or a flight risk, making Florida’s pretrial process tougher compared to other states.

Collateral Consequences of a Conviction

Employment Challenges

One of the most significant effects of a conviction for violent crimes is the difficulty in finding and keeping a job. Many employers are hesitant to hire individuals with a violent criminal record, especially in roles involving trust or public safety. Background checks are standard in many industries, and a violent crime conviction can be a barrier to employment, leading to long-term financial instability.

Loss of Civil Rights

A conviction for a violent crime often results in the loss of certain civil rights. For example, in many states, individuals lose the right to vote, serve on a jury, or hold public office. Additionally, those convicted of violent crimes may be permanently barred from owning or possessing firearms.

Housing Restrictions

Finding a place to live can be challenging with a violent crime conviction. Many landlords conduct background checks and may refuse to rent to someone with a record. This can limit housing options, forcing individuals into less desirable or more expensive living situations. In some cases, public housing authorities may also deny housing assistance to individuals with violent crime convictions.

Impact on Immigration Status

For non-citizens, a conviction for a violent crime can lead to severe immigration consequences, including deportation or removal from the country. Even if an individual has legal residency, a violent crime conviction can result in the loss of that status and prevent any future attempts to gain citizenship.

Family and Social Stigma

A conviction for a violent crime can strain family relationships and lead to social isolation. The stigma attached to a violent crime can make it difficult to maintain or rebuild personal relationships. Family members may distance themselves, and communities might shun individuals with a record, making reintegration into society challenging.

Financial Burdens

Beyond fines and legal fees, a conviction for violent crimes can result in ongoing financial difficulties. Those convicted may struggle to secure stable employment, leading to long-term financial instability. Additionally, restitution to victims, if ordered by the court, can add to the financial burden.

Loss of Professional Licenses

For individuals in certain professions, a conviction for a violent crime can result in the loss of professional licenses, making it impossible to continue in their chosen career. This is particularly true for professions that require a high degree of public trust, such as law, medicine, or education.

Difficulty in Obtaining Loans and Credit

A conviction for a violent crime can make it difficult to obtain loans or credit. Lenders may view individuals with a record as high-risk, leading to higher interest rates or outright denial of credit. This can hinder efforts to start a business, purchase a home, or even secure basic financial stability.

Impact on Education

A conviction for a violent crime can also affect educational opportunities. Some colleges and universities may deny admission to individuals with a criminal record, and financial aid opportunities may be limited or unavailable. This can hinder efforts to pursue higher education and improve one’s prospects for the future.

What Are Possible Alternatives to Incarceration?

Probation: Under Florida Statutes Section 948.01, probation can be an alternative to jail. A judge may impose probation with conditions that fit the seriousness of the violent crime. Probation can include regular reporting to a probation officer, restrictions on movement, and participation in counseling or educational programs. The length of probation is usually set by the court and can last up to the maximum time that the individual could have been sentenced to jail.
Community Control: Florida Statutes Section 948.101 provides community control as a more restrictive alternative to probation. This alternative includes house arrest, where the individual must remain at home unless attending work, school, or other approved activities. The person is monitored closely, often through electronic means, and is required to comply with strict rules set by the court.
Mental Health Treatment Programs: Florida Statutes Section 948.16 allows for the court to require participation in a mental health treatment program as an alternative to jail if the crime was influenced by a mental health condition. The person must follow a treatment plan, which may include therapy, medication, and regular progress reports to the court. This option is typically reserved for individuals whose mental health issues played a significant role in their criminal behavior.

Can a Criminal Defense Attorney Defend Me?

When facing charges related to violent crimes, the situation can feel overwhelming. The legal system is tough to understand, and the stakes are high. This is where a violent crimes lawyer steps in to help you.

First, a violent crimes lawyer listens to your side of the story. They make sure to understand every detail of what happened. This isn’t just about the facts of the case, but also about you—your background, your concerns, and what’s most important to you moving forward.

Next, your lawyer explains what you’re up against. They break down the charges, the potential consequences, and the steps involved in the legal process. This helps you know what to expect and reduces the anxiety that comes with uncertainty.

A violent crimes lawyer also investigates the details of your case. They gather evidence, speak with witnesses, and review the prosecution’s evidence against you. This work is crucial because the facts can make a big difference in how your case unfolds.

Even when a person is innocent, circumstantial evidence can complicate their case. A criminal defense attorney is often needed to challenge weak or misapplied evidence, helping to ensure that you are not unfairly penalized based on assumptions rather than solid proof.

Once they have a clear picture, your lawyer talks you through your options. They will explain what paths are available, whether it’s fighting the charges, negotiating for a lesser charge, or something else. Their goal is to help you make informed decisions that align with your priorities.

Throughout this process, your lawyer stands by you in court. They handle all the legal arguments, present evidence, and challenge the prosecution’s case. They are there to protect your rights and work toward the best outcome possible.

Beyond the courtroom, a violent crimes lawyer is also someone you can trust. They provide advice on how to handle the stress of the situation, interact with law enforcement, and manage your life during this tough time.

Additional Resources

Florida Statutes Section 775.084 – This law outlines enhanced penalties for individuals classified as habitual felony offenders, habitual violent felony offenders, three-time violent felony offenders, or violent career criminals in Florida. The law defines the criteria for each category and specifies the mandatory minimum prison terms or extended imprisonment these offenders must face upon conviction. It is designed to impose stricter sentences on repeat offenders, particularly those with a history of violent crimes, to protect public safety.

Florida Statutes Section 784.046 – This law provides a way for victims of repeat violence, sexual violence, or dating violence to seek protective injunctions in Florida. It defines the types of violence covered and the criteria for filing a petition for protection. The law ensures that victims have legal recourse and can obtain court orders to prevent further acts of violence.

Uniform Crime Reports – The Florida Department of Law Enforcement’s Uniform Crime Reports (UCR) program collects and reports data on crime across the state. This program provides important crime statistics, including offenses, arrests, and law enforcement officer data. It serves as a key resource for understanding crime trends in Florida, aiding law enforcement agencies in planning and resource allocation.

Florida Statutes Section 775.087 – Florida Statutes Section 775.087 outlines the enhanced penalties for crimes involving the use or possession of a weapon or firearm. If a person is charged with a felony and uses or threatens to use a weapon during the crime, the felony is upgraded to a higher classification. The law also specifies minimum mandatory sentences for offenses involving firearms, ensuring that those convicted face significant prison time.

Lawyer for Violent Crimes in Brevard County Florida

Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.

Violent Crimes