Punta Gorda Violent Crime Defense Lawyers
At Foley & Wilson Law Firm, we understand the profound impact that violent crime charges can have on your life. Led by former prosecutors with over 45 years of experience, our highly credentialed legal team is dedicated to providing the best and highest level of professional representation. We treat each client with dignity and respect, delivering exceptional skill and professionalism to defend against serious allegations. No matter what charges you are facing, a skilled attorney from our office can help you get the best outcome available in your given circumstances. Contact our experienced Punta Gorda violent crime defense lawyers today.
Understanding Violent Crime Charges in Florida
Violent crimes encompass a range of serious offenses, each with specific legal elements and penalties. Below, we outline key violent crime charges under Florida law:
Assault – Florida Statutes Section 784.011
Elements:
- An intentional, unlawful threat by word or act to do violence to another person
- An apparent ability to carry out the threat
- Creating a well-founded fear in the other person that violence is imminent
Classification: Second-degree misdemeanor
Aggravated Assault – Florida Statutes Section 784.021
Elements:
- An intentional, unlawful threat by word or act to do violence to another person
- An apparent ability to carry out the threat
- Creating a well-founded fear in the other person that violence is imminent
- Use of a deadly weapon without intent to kill, or with an intent to commit a felony
Classification: Third-degree felony
Battery – Florida Statutes Section 784.03
Elements:
- Actual and intentional touching or striking of another person against their will
- Intentionally causing bodily harm to another person
Classification: First-degree misdemeanor
Aggravated Battery – Florida Statutes Section 784.045
Elements:
- Actually and intentionally touching or striking another person against their will, causing great bodily harm, permanent disability, or permanent disfigurement
- Use of a deadly weapon
- Committing battery on a pregnant female known to be pregnant
Classification: Second-degree felony
Homicide – Murder (Florida Statutes Section 782.04)
Elements:
- Unlawful killing of a human being
- Premeditation (First-degree murder), or
- Killing during the commission of certain felonies (Felony murder), or
- Depraved mind without regard for human life (Second-degree murder)
Classification:
- First-degree murder: Capital felony
- Second-degree murder: First-degree felony
Homicide – Manslaughter (Florida Statutes Section 782.07)
Elements:
- The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification
Classification: Second-degree felony
Hate Crimes – Florida Statutes Section 775.085
Under Florida law, if a crime is committed with evidence of prejudice based on race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age, the penalties can be enhanced. This means that a misdemeanor charge could be elevated to a felony, and felony charges could lead to more severe sentences.
Common Defenses to Violent Crimes in Punta Gorda
Facing violent crime charges can be daunting, but several defenses may be available depending on the specifics of your case:
- Self-Defense. Claiming self-defense involves demonstrating that the use of force was necessary to prevent imminent harm to oneself.
- Defense of Others. Similar to self-defense, this defense is used when the accused acted to protect another person from immediate danger.
- Defense of Property. In some cases, the use of force to protect one’s property can be justified, though this defense is limited in its application.
- Lack of Intent. For many violent crimes, proving the intent to cause harm is essential. If the accused did not have the requisite intent, this could be a viable defense.
- Presenting evidence that the accused was elsewhere when the crime occurred can be a strong defense against charges.
- Insanity or Mental Incapacity. If the accused was legally insane or mentally incapacitated at the time of the crime, they might not be held criminally responsible for their actions.
- Mistaken Identity. Eyewitnesses can sometimes be mistaken. Challenging the identification process or presenting an alibi can undermine the prosecution’s case.
Why Choose Foley & Wilson Law Firm
At Foley & Wilson Law Firm, we are committed to providing personalized and effective legal defense. Our experience as former prosecutors gives us unique insight into the criminal justice system, allowing us to anticipate and counteract the strategies used by the prosecution. If you are facing violent crime charges in Punta Gorda, trust our seasoned team to defend your rights and fight for the best possible outcome. Contact us today to schedule a free consultation and take the first step toward protecting your future.
