Assault / Battery / Violent Crimes in Orlando
Allegations of assault or violent crimes can have a lasting effect on a person’s life, even if the allegations turn out to be false. For example, a violent crime conviction could lead to imprisonment, fines, and/or detrimentally impact educational and employment opportunities. Some of the most common violent crimes charges in Florida are:
Orlando Violent Crime Defense Attorney
If you have been charged with assault or another violent crime in Orlando, Florida, contact the attorneys at Hale, Hale & Jacobson at (407) 425-4640. Maria D. Hale and Richard O. Hale will make every effort to help you avoid harsh punishments and find mitigating factors or defenses to have your charges reduced or dismissed. Call the law office of Hale, Hale & Jacobson for a consultation about your violent crime offense today.
Orlando Violent Crimes Information Center
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Violent Crimes Offenses and Florida Statutes
- Fla. Stat. § 784.011 – Assault:
This offense is the intentional act of violence, or threat to cause violence, to someone else. A person who assaults another has to be capable of committing the threatened act, and the intended victim has to be fearful the act is going to happen in the near future.
- Fla. Stat. § 784.021 – Aggravated Assault:
This assault involves a deadly weapon without intending to kill the victim, or an assault that was intended to cause a felony against the victim.
- Fla. Stat. § 784.03 – Battery:
This offense is defined as intentionally touching someone against their will, or intentionally touching someone to cause harm.
- Fla. Stat. § 784.041 - Felony Battery:
This type of battery causes great bodily harm or permanent disability or disfigurement to the victim.
- Fla. Stat. § 784.045 - Aggravated Battery:
This type of battery is committed with a deadly weapon by a person who intentionally or knowingly causes great bodily harm, permanent disability or disfigurement to the victim. Aggravated battery can also be a battery upon a pregnant woman that the offender knew or should have known was pregnant.
- Fla. Stat. § 812.13 - Robbery:
This offense occurs when someone tales money or other property from someone else, with the intent to permanently or temporarily deprive the person of the money or property, and in the course of taking the item, the offender uses force, violence, an assault or causes fear in the victim. This offense can be in the first or second degree, depending on whether a weapon was used, and the type of weapon used.
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Penalties for Florida Violent Crime Charges
Violent crimes in Florida can lead to harsh punishments and severe sentences if the alleged offender is convicted; even misdemeanor violent crime offenses can result in jail time and/or fines. The following describes the basic sentencing guidelines for offenders of violent crimes according to the Florida Statutes §§ 775.082 and 775.083:
- Misdemeanor of the Second Degree – Simple assault charges are usually misdemeanors of the second degree, and a conviction for this offense can lead to up to 60 days in jail, and/or fines not in excess of $500.
- Felony of the Third Degree – Aggravated assault, battery, and felony battery are all felonies of the third degree. A conviction for these felonies can result in imprisonment for up to five years, and/or fines not more than $5,000.
- Felony of the Second Degree – Aggravated battery and robbery without a weapon are felonies of the second degree, and can incur prison sentences up to 15 years, and/or fines not in excess of $10,000.
- Felony of the First Degree – Robbery committed with a deadly weapon or a firearm is punishable by a prison sentence up to life and/or fines not more than $10,000. Robbery committed with any other weapon is a felony of the first degree, and penalties can include imprisonment up to 30 years, and/or fines not exceeding $10,000.
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Defenses to Violent Crimes Charges in Florida
Often, when someone has been accused of a crime of violence in Florida, there are defenses or other factors that may lead to a charge of a lesser offense, or even lead to a dismissal of your charges. It is important to discuss the facts of your case with a criminal defense attorney who may be able to help you identify any mitigating factors, and have an attorney help you identify possible defenses in order to avoid lasting repercussions.
Lack of Intent:
Intent to cause injury to someone else is a required element for many violent crime charges. If the alleged offender did not have the required intent when they committed the offense, their charges could be dismissed or reduced to a less serious charge.
This defense is applicable to acts that would otherwise be considered criminal offenses, but are not if the conduct was required or authorized by law, or is a necessary emergency measure to prevent public or private injury that is probably going to happen in the immediate future.
A person can defend themselves with deadly force from someone who attacks them if they reasonably believed the person’s conduct was likely going to cause death or serious bodily injury. A person can also use non-deadly force if they reasonably believed it was necessary to defend themselves against someone’s physical actions against them.
Defense of Others:
It may be a defense to violent crime charges to use physical force against someone if you reasonably believed they were going to immediately harm a third party, and the use of force was necessary. Deadly force may be used if you reasonably believed death or serious body injury was going to happen immediately to the third party; however, you may have a duty to retreat instead of using deadly force.
Defense of Property:
It may be a defense to a violent crime allegation to use force against a person you reasonably believed was committing, or about to commit, damage to property. Deadly force is justifiable against an intruder you reasonably believed was going to commit a crime who unlawfully entered your home, residence or occupied vehicle.
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Violent Crime Resources in Florida
The National Center for Victims of Crime – The National Center for Victims of Crime (NCVC) is an organization dedicated to helping victims of crime rebuild their lives after a crime of violence, and serve individuals, families and communities who have been harmed by violent crimes. This web site also provides resources and advocacy information for victims of crime.
Florida Department of Law Enforcement – This governmental law enforcement and crime prevention unit provides information on violent crime statistics and violent crime reports for counties in Florida, including Orange County. The Orange County regional Operations Center of the Florida Department of Law Enforcement (FDLE) is located at:
Orlando Regional Operations Center
500 West Robinson Street
Orlando, Florida 32801-1771
Phone: (407) 245-0888
Victim Assistance Office – Florida Department of Corrections – The Florida Department of Corrections provides assistance to victims of crime committed by inmates or offenders who have been released on community supervision or parole, and to notify victims of the offender’s release. The office also provides resources for victims, such as counseling, support groups, crisis intervention and crimes compensation.
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Hale, Hale & Jacobson | Orlando Violent Crime Arrest Lawyer
Contact the law office of Hale, Hale & Jacobson today for a consultation about your assault or violent crime charge in Orlando, Florida. It is important to hire an experienced criminal defense attorney who will make every effort to help you find the best possible outcome for your situation. Contact the attorneys at Hale, Hale & Jacobson at (407) 425-4640 for a consultation about your violent crime or assault offense in Orange County and the surrounding areas, including Seminole County, Osceola County, Apopka, Winter Park and Kissimmee.