Clearwater Violent Crime Attorney
For a violent crime to have occurred, there must be a victim that was harmed by intentional violence or felt threatened by violence. Murder, robbery, sexual assault, and assault are all forms of violent crimes, whereas kidnapping, extortion, and stalking can be considered violent crimes as well if the victim felt physically threatened, which is often the case in those types of serious offenses, according to the National Institute of Justice. Elder, child, and domestic partner abuse also fall under the category of violent crimes when physical threats or harm are present. Contact the Clearwater law office of Roman & Roman today to speak with one of our Clearwater violent crime attorneys.
Murder is defined as the unlawful killing of another, and is categorized as manslaughter, second degree murder, and first degree murder (capital murder). Manslaughter is often punished as a second degree felony, second degree murder is a first degree felony, and capital murder is a capital felony, which is punishable by life in prison or the death penalty.
Assault and Sexual Assault
The punishments for assault vary based on the degree of physical harm done and the other circumstances of the incident. Was it a bar fight in which both parties equally participated in the conflict? If so, the charges will likely be less than if the assault was one-sided.
Sexual assault, such as rape (also sexual battery), is a first degree felony in the state of Florida if the offender is 18 years or older and the victim was 12 or older. However, if the victim was younger than 12, it is a capital felony.
Robbery vs. Burglary or Larceny
There are many various ways in which theft can be described, and only one type is considered a violent crime: robbery. The term “larceny” is used to describe the theft of personal property that occurs without the use of force or breaking into the home or building of the stolen property’s owner. Grabbing someone’s backpack from the locker room bench or pickpocketing are both examples of larceny. Burglary is often a more serious offense, depending on the value of the items stolen in both situations, and involves illegally entering or breaking into a building or home to commit a crime, which is most often theft. Finally, robbery is a type of theft requires that the suspect uses force or constructive force to take property from another person without their consent. Because robbery relies on physical harm or the threat of physical harm to another, it is considered a violent crime, and punished as such. Robbery without a weapon involved may be a second degree felony, whereas robbery of the same item will be a first degree felony if a deadly weapon is used. Moreover, the invasion into a personal home, no matter the value of property taken or whether a weapon was used, is punished as a first degree felony, as stated by Florida statutes 812.13.
If you have been charged with a violent crime, contact an experienced Clearwater violent crimes defense attorney with extensive knowledge of violent crime law. Contact Roman & Roman today at 877-767-1032 for a free consultation and let us begin helping you immediately.