Tampa Violent Crime Lawyer
Sometimes emotions heat up and tempers flare, and sometimes things get out of hand in interactions with friends, family members, neighbors, strangers on the road or on the street, in stores, at sporting events, or just about anywhere. Violent crimes don’t always require actual violence; sometimes, the threat of violence is enough to get you arrested. Whether convicted or not, an arrest could lead to civil liability in a personal injury lawsuit, or you could lose your children in a divorce or other family law proceeding.
Any violent crime arrest should be taken seriously and handled with the help of a skilled and experienced Tampa violent crime lawyer. From assault and domestic violence to murder, the Faulkner Law Group is prepared to advise you and defend you against violent crime charges. Call our Tampa office if you’ve been arrested for a violent crime in Hillsborough, Pinellas, Polk or Pasco County.
Violent Crimes in Florida
Assault – An intentional, unlawful threat by word or act to do violence to another person, along with the apparent ability to carry out the threat, that results in a well-founded fear of imminent violence. Assault is a second-degree misdemeanor, punishable with up to 60 days in jail and $500 in fines.
Battery – Actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to someone. Battery is generally a first-degree misdemeanor, but it can be charged as a third-degree felony if the accused has a prior conviction for battery, aggravated battery or felony battery,
Domestic Violence – Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. A family or household member includes current and former spouses, persons related by blood or marriage, people who live or lived together as a family, and parents with a child in common.
Stalking – Willfully, maliciously and repeatedly following or harassing another. Includes cyberstalking. Stalking is a first-degree misdemeanor, but it can be charged as a third-degree felony if accompanied by a credible threat (aggravated stalking).
Murder – The unlawful killing of a human being when it is premeditated or committed during the course of an enumerated felony. A death resulting from distributing certain controlled substances can also be charged as murder. Murder in the first degree is a capital felony, with punishments including the death penalty or life in prison. Murder in the second degree is an unlawful killing without premeditation but with a “depraved mind,” or a killing committed during the perpetration of certain enumerated offenses. Second-degree murder is a first-degree felony. Other killings occurring during other enumerated felonies can be charged as third-degree murder, a second-degree felony.
Manslaughter – The killing of another without lawful justification or excuse, and which doesn’t qualify as a murder offense. Causing the death of a child or an elderly or disabled adult is aggravated manslaughter, as is the killing of a police officer, firefighter or other first responder. Manslaughter is a second-degree felony, while aggravated manslaughter is a first-degree felony, punishable with up to 30 years in prison and $15,000 in fines.
Defenses to violent crime arrests in Florida
- Defense of others
- Lack of identification
- Involuntary confession
Stand Your Ground
Florida’s home protection law authorizes the justifiable use of force against another in certain situations. If you are in a dwelling or residence where you have a right to be, you do not have a duty to retreat when faced with force or the threat of force. Instead, you can stand your ground and use or threaten to use force of your own. You can use nondeadly force to the extent you reasonably believe it is necessary to defend yourself or another against the imminent use of unlawful force. You can use deadly force to the extent you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another or to prevent the imminent commission of a forcible felony.
There are many nuances and technical aspects to Florida’s stand your ground law, and claiming this defense appropriately and successfully requires extensive knowledge and skill. Tampa criminal defense attorney David Faulkner is a former Assistant State Attorney with 25 years of experience in Florida criminal law who frequently speaks on Florida’s stand your ground law and self-defense. Call the Faulkner Law Group to discuss whether the stand your ground law or some other defense applies to the charges against you.
Call the Faulkner Law Group for Help with Tampa Violent Crime Charges
For help after a violent crime arrest in Hillsborough, Pinellas, Pasco or Polk County, call the Faulkner Law Group for a no-cost, confidential consultation. Our Tampa violent crime lawyers will investigate your case, advise you on your options, and provide a strong defense designed to get you the best result in your particular circumstances.