An individual who has been charged with a violent crime in Jacksonville can receive very serious penalties if they are convicted, including possible prison sentences, steep fines, an inability to pursue certain jobs or professions, a possibly permanent criminal record and/or ineligibility to receive certain types of government assistance.
However, in order to be convicted of a violent crime offense, the prosecutor is required to prove beyond a reasonable doubt the alleged offender was guilty of committing every element to their charged violent crime. This burden is very high and difficult to meet, as there can be a number of defenses or mitigating factors that will create doubt in the prosecution’s case.
If you have been charged with a violent crime offense throughout Jacksonville in Florida, it is important to hire an experienced criminal defense attorney who will help you craft the best defense for your particular situation.
JACKSONVILLE VIOLENT CRIME LAWYER
If you have been charged with any violent crime in Jacksonville, or any of the surrounding areas in Florida, including Jacksonville Beach, St. Augustine, Orange Park, or Fernandina Beach, contact Roelke Law, P.A. Bill Roelke is knowledgeable in all areas of Florida’s violent crime laws and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call Roelke Law today for a free consultation at (904) 354-0333 about your violent crime charges.
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Florida Violent Crimes
Some of the most common violent crime charges in Jacksonville can include, but are not limited to the following:
Assault – According to Fla. Stat. § 784.011, an individual can be charged with this offense if they intentionally cause violence to another person or threaten violence against another person, cause the person to be fearful of the threatened violence, and the alleged offender must be capable of committing the act of violence. A conviction for this offense can result in a misdemeanor of the second degree.
Aggravated Assault – According to Fla. Stat. § 784.021, and individual can be charged with this offense if they commit assault against another person with the intent to commit a felony against that person or if they use a deadly weapon during the commission of an assault. A conviction for this offense can result in a felony of the third degree.
Battery – According to Fla. Stat. § 784.03, an individual can be charged with this offense if they intentionally cause harm to another person by touching them or touching them against their will. A conviction for this offense can result in a felony of the third degree.
Aggravated Battery – According to Fla. Stat. § 784.045, an individual can be charged with this offense if they intentionally or knowingly cause serious bodily harm or permanent disfigurement or disability to another person or use a deadly weapon during the commission of a battery. A conviction for this offense can result in a felony of the second degree.
Manslaughter – According to Fla. Stat. § 782.07, an individual can be charged with this offense if they negligently cause the death of another person without any lawful justification or defense. A conviction for this offense can result in a felony of the second degree.
Robbery – According to Fla. Stat. § 812.13, an individual can be charged with this offense if they forcefully or violently take personal property from another person with the intent to keep that property or permanently deprive the rightful owner of the property. A conviction for this offense can result in a felony of the first or second degree.
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Serious Bodily Harm Defined Under Florida Law
According to Fla. Stat. § 316.1933(1)(b), serious bodily harm is defined under Florida law as any injury to another person that:
- Creates a substantial risk of death,
- Causes serious disfigurement, or
- Results in impairment or the loss of any limb or bodily organ.
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Penalties for Violent Crimes in Jacksonville
An individual who has been charged and convicted of a violent offense in Jacksonville can receive the penalties listed below, according to Fla. Stat. § 775.082, 775.083 and 775.084.
- A conviction for a misdemeanor of the second degree violent crime can result in a jail sentence up to 60 days and/or a fine up to $500.
- A conviction for a misdemeanor of the first degree violent crime can result in a jail sentence up to one year and/or a fine up to $1,000.
- A conviction for a felony of the third degree violent crime can result in a prison sentence up to five years and/or a fine up to $5,000.
- A conviction for a felony of the second degree violent crime can result in a prison sentence up to 15 years and/or a fine up to $10,000.
- A conviction for a felony of the first degree violent crime can result in a prison sentence up to 30 years or life and/or a fine up to $10,000.
Although these penalties are the suggested penalties for violent crime convictions, an individual can receive a greater punishment if they use a weapon during the commission of the offense, if the victim was a certain age or disabled, if the offense occurred in a certain place, if the victim was a firefighter or peace officer, and/or whether the alleged offender has any previous criminal history or convictions.
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Defenses to Jacksonville Violent Crimes
In certain violent crime situations, defenses may be available to avoid a conviction for the offense or to have the charges reduced to a lesser included offense. However, the following defenses are not applicable in every situation, so it is important to consult with an experienced criminal defense lawyer in Jacksonville to determine if any of these defenses are available for your unique case.
- Self Defense – An individual may be able to use this defense if they reasonably believed another person’s conduct was going to cause them serious bodily injury or death.
- Defense of Property – An individual may be able to use this defense if they reasonable believed their property was about to be or was being damaged by another person, or force may be used to protect their home, residence or occupied vehicle from an intruder.
- Defense of Others – An individual may be able to use this defense if they used force against another person they believed was causing or about to cause harm, death or serious bodily injury to a third party.
- Justification – An individual may be able to use this defense if they committed an act that would otherwise be a criminal offense, but was used to prevent public or private injury in an emergency situation.
- Lack of Intent – An individual may be able to use this defense if they did not have the statutorily required intent to commit an offense that requires intent as an element to the offense.
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Jacksonville Resources for Violent Crimes
Florida Statutes Online – This link is to Chapter 784 of the Florida Statutes, which defines many violent crimes in Florida, including assault, aggravated assault, battery and aggravated battery, and the penalties for committing such offenses.
Florida Department of Law Enforcement – Crime Rates – The Florida Department of Law Enforcement enforces the state’s laws and aims to prevent violent crimes throughout the state. This link provides information on violent crime statistics throughout Duval County.
Victim Assistance Office – Florida Department of Corrections – The Florida Department of Corrections Victims Assistance department helps individuals who have been injured by a crime committed by an offender or inmate released on community supervision or parole and provides notice to victims of violent crimes before the offender is released who harmed the victim.
The National Center for Victims of Crime – The goal of the NCVC is to assist crime victims rebuild their lives after they have been a victim of a criminal offense. This national non-profit organization also provides information and resources to individuals, communities and families who have been harmed by crimes of violence.
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Roelke Law, P.A. | Jacksonville Violent Crimes Attorney
Contact Roelke Law today for a consultation about your alleged violent crime throughout Duval County in Florida. Bill Roelke is an experienced Jacksonville criminal attorney who will make every effort to find applicable defenses or mitigating factors to your particular violent crime allegation. Call (904) 354-0333 for a consultation about your violent crime charges throughout Duval County and the surrounding counties in Florida, including St. Johns County, Nassau County and Clay County.
