• Call us 24/7 - (407) 900-5805

  • Homicide and Violent Crimes

    • Homicide

    A homicide is generally considered to have occurred when the untimely death of an individual is the direct result of the actions of another. There are two types of Homicide:

    • Murder: generally involves cases where there is evidence where intent and/or premeditation to end another person’s life exists, and/or premeditation, and in some cases, violence or other serious actions that directly contributed to the death.
    • Manslaughter: generally involves the untimely death of a victim that resulted due to the recklessness, carelessness, or negligence of another. A motive may or may not be necessary to charge the accused.

    In the State of Florida, Homicide Crimes include:

    • First Degree Felony Murder: May be charged when premeditation may be established as an element of the act of murder, or if a murder results while the accused was in the act of committing specific other felony crimes (regardless if the murder was intended or not).
    • Second Degree Felony Murder: May be charged when the evidence suggests that the accused performed actions that were inherently dangerous to others without regard for the lives of others (this is known as Murder with a Depraved Mind); or if the accused is an accomplice of another who kills another person while in the commission of specific other felony crimes.
    • Third Degree Felony Murder: May be charged if the accused unintentionally kills another person while in the act of committing (or attempting to commit) a non-violent felony crime.
    • Voluntary Felony Manslaughter: The intentional killing of another human being, when the defendant had no prior intent to kill (no-premeditation).
    • Involuntary Felony Manslaughter: The unintentional killing of a human being as a result of the reckless, carelessness, or negligence of the accused.
    • Vehicular Felony Manslaughter: A death that is unintentional and is the result of reckless driving, such as DUI, erratic lanes changes, aggressive driving, or street racing.

    If a dismissal of your homicide charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the homicide charges against you.

     

    • Battery

     

    Criminal "battery" is when the accused actually and intentionally touches or strikes another person against the will of the other, or intentionally causes bodily harm to another person.

    If it is the first accused first offense the battery charge will typically be a misdemeanor of the first degree, punishable by up to a $1000 fine, twelve (12) months jail and/or probation.

    A person who has one prior conviction for battery, aggravated battery, or felony battery, and commits any second or subsequent battery commits a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.

    A person commits aggravated battery if in the course of committing battery, they intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; if they use a deadly weapon in the commission of the battery crime; or if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Aggravated battery is a felony of the second degree, punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation.

    Because Battery charges are crimes against the public and their safety, battery charges are prosecuted in a more aggressive manner than other misdemeanor crime charges such as prostitution, solicitation, or disorderly conduct.

    Assault charges may associated with other types of criminal offenses, depending upon the evidence collected against you such as:

    • Staking;
    • Violation of a Protective "Restraining" Order;
    • Sexual Assault;
    • Assault or battery of an individual 65 years or older, health Care Personnel, Detention Staff, Law Enforcement, Code Inspectors, or other Public or government Officials;
    • Battery of a minor;
    • Lewd and lascivious acts;
    • Burglary, Theft or Robbery; or
    • Other misdemeanor or felony crimes which may relate to the incident for which you were arrested for.

    A battery conviction can only be accomplished if the prosecution can prove the act of battery was intentional, or inflicting physical harm on another was foreseeable by the accused.

     

    • Assault

     

     A criminal "assault" is an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so, and performing an act which creates a well-founded fear in another person that such violence is imminent.

    This is also commonly referred to a "simple assault", which is a misdemeanor of the second degree, punishable by up to a $500 fine, sixty (60) days jail and/or 6 months of probation.

    If a deadly weapon is used in the commission of the assault, without the intent to kill, or is used in the commission of a felony act, it is considered Aggravated Assault, which is a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.

    Because Assault charges are crimes against the public and their safety, assault charges are prosecuted in a more aggressive manner than other misdemeanor crime charges such as prostitution, solicitation, or disorderly conduct.

    Assault charges may associated with other types of criminal offenses, depending upon the evidence collected against you such as:

    • Staking;
    • Violation of a Protective "Restraining" Order;
    • Sexual Assault;
    • Assault or battery of an individual 65 years or older;
    • Assault of a minor;
    • Lewd and lascivious acts;
    • Burglary; Theft, or Robbery; or
    • Other misdemeanor or felony crimes which may relate to the incident for which you were arrested for.

    A simple assault conviction can only be accomplished if the prosecution can prove intent; and due to the subjective nature of the alleged assault victim's perception of what they believed was a clear and present danger. Because of these variables, in order to strengthen their case against you or force you to take a plea deal, law enforcement and prosecutors may choose to look for any evidence which may allow them to add charges to the indictment, or seek a felony assault over a misdemeanor assault charge.

     

    • Robbery
    • Car Jacking
    • Home Invasion

     

    • Weapon Offenses

     

    In the State of Florida, weapons charges are serious crimes.  It is illegal to conceal a firearm without a proper license, but if you have the proper permit you may carry a concealed firearm.  However, even when you have a license, violating any restriction may result in you still facing legal obstacles, including criminal charges.

    Being arrested with a firearm without the proper permit or license is a whole different situation. The ramifications of weapons charges under this condition is extremely serious; especially if you are arrested with firearm during the course of another crime.

    A Weapons – Firearm Charge in the State of Florida may include, but are not limited to:

    • Felon in possession of a firearm;
    • Carrying a concealed weapon;
    • Carrying a weapon in violation of probation / parole;
    • Illegal gun sales or trafficking;
    • Assault with a deadly weapon;
    • Commission of a crime with a gun.

    When certain felony crime charges include the use of a firearm it is important to know that the State of Florida has the 10-20-Life Statute (775.087) which mandates:

    • A minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device;
    • A minimum 20 year prison term when the firearm is discharged;
    • A minimum 25 years to LIFE if someone is injured or killed;
    • A minimum 3 year prison term for possession of a firearm by a felon;
    • The minimum prison term is to be served consecutively to any other term of imprisonment imposed.