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State and Federal Violent Crimes In Miami
Violent Crimes Lawyers Effectively Protecting Clients and Their Rights
Violent criminal offenses are considered to be among the most serious types of crimes in Florida, and the penalties for a conviction are often severe. Whether you have been charged with assault, battery, aggravated assault or aggravated battery, manslaughter or murder. Your future and freedom are at stake. Depending on the facts and circumstances of your specific case, you could face far-reaching and long-lasting consequences if convicted of a violent crime.
Reach out to Jeffrey S. Weiner, P.A. today if you have been charged with a violent crime. Backed by more than four decades of experience, our violent crimes lawyers in Miami are deeply familiar with this complicated practice area. Our legal team can help you make sound decisions as we navigate you through each stage of the criminal proceedings. You can depend on us to provide you with the relentless and effective legal defense you deserve if facing a violent crimes charge.
What Makes A Crime A Violent Crime?
Violent crimes are acts that involve a weapon, the threat of use of force, the actual use of force, or a physical injury resulting from another’s purposeful actions. A wide variety of criminal offenses fall under the umbrella of violent crimes. Our violent crimes lawyers are well versed in all of these offenses, and we can strongly fight for your rights and best interests. Robbery and armed robbery are serious violent crimes.
Violent Crime Penalties In Florida
Most violent crimes are considered felony offenses. A conviction can result in a lengthy prison sentence and a permanent criminal record that can haunt you for the rest of your life.
The following are the felony penalties for several violent crimes in Florida:
- Capital or life felonies – Capital felonies carry the death penalty upon conviction, while life felonies are punishable by a life prison sentence and a fine of no more than $15,000. First-degree murder can either be a capital or life felony.
- First-degree felonies – Common examples include second-degree murder, kidnapping, and aggravated battery to a police officer during his/her official duties. A first-degree felony can lead to a prison term of up to 30 years and a maximum $10,000 fine.
- Second-degree felonies – Common examples include third-degree murder, manslaughter, robbery, and aggravated battery. A second-degree felony can result in a maximum 15-year prison sentence and a fine not exceeding $10,000.
- Third-degree felonies – Common examples include aggravated assault and felony battery. A third-degree felony is punishable by a prison sentence of up to five years and a maximum $5,000 fine.
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What Is Assault With A Dangerous Weapon?
Assault is a misdemeanor offense that is almost always charged in state court. In Florida, misdemeanors are tried in County Court and felonies in Circuit Court. However, there are exceptions to this rule, in which a person faces federal penalties for a conviction. If you have been charged with either state or federal assault with a dangerous weapon, the advice from experienced violent crimes lawyers is critical to your chances of success.
Elements Of The Offense
A person can only be convicted of this offense if he or she:
- Physically threatens, strikes, or wounds another person with a dangerous weapon
There must also be evidence that the defendant used an object that qualifies as a dangerous weapon, which federal law defines as an instrument that is capable of inflicting death or serious bodily injury.
However, even objects that are not capable of inflicting this type of injury can qualify as a dangerous weapon if:
- It closely resembles an instrument that could inflict injury
- The defendant used the object in a way that created the impression that the object in question was the type of instrument that could inflict serious harm
Federal Jurisdiction for Violent Crimes
An offense must be charged under federal jurisdiction before it can be tried in federal court. Federal jurisdiction generally exists when an offense occurred on government property or when the victim was a government employee who was on the job at the time of the alleged assault. Attacks against former government employees are also punishable in a federal court if the assault was prompted by an official decision made by that individual during his or her tenure.
Former judges, for instance, fall under this category if they are attacked because of a prior ruling. Federal courts also have jurisdiction over assault cases where the incident occurred during an attempt to steal government property, including mail. This is true regardless of whether the defendant knew that the property belonged to the U.S. government or that the victim was a government employee.
What Are The Penalties For Assault With A Dangerous Weapon?
Those who are convicted of assault with a dangerous weapon could be sentenced to up to ten years in prison. However, the penalties faced by a defendant may be higher because these types of crimes are often accompanied by other charges, such as using a firearm during the commission of a crime. The number of victims involved in the case as well as the defendant’s criminal history, also play a role in the severity of a person’s sentence.
Call For A Complementary Consultation To Discuss Your State or Federal Violent Crimes Case
There are certain aggravating factors that could increase the seriousness of a violent crime, such as if a person sustained an injury or died, if a weapon was used, if the defendant had been previously convicted, and more. If these factors are present, they could significantly enhance the charges, as well as the criminal penalties. Since each violent crimes case is different, it is important to speak with a knowledgeable criminal defense attorney who can give you well-informed advice. At Jeffrey S. Weiner, P.A., our legal defense team can discuss your situation with you and help you figure out how best to proceed.
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The Law Office Of Jeffrey S. Weiner Is Based In Miami, Florida And Represents Clients Throughout Florida In Both State And Federal Courts, Throughout The United States, As Well As International Criminal Courts.
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