Miami Violent Crimes Attorney
What Constitutes a Violent Crime in Florida?
A violent crime or crime of violence is a
crime in which an offender uses or threatens force upon a victim. This entails
both crimes in which the violent act is the objective, as well as crimes
in which violence is the means to an end. Violent crimes may, or may not
be committed with weapons. It is important to note that all violent crimes
are both state crimes and federal criminal offenses. However, when the
federal government prosecutes violent crimes, it is usually because it
is connected with some other federal crime, or an act of violence against
a federal employee or official. As such, most violent crimes in Florida
are investigated and prosecuted by the State and local authorities.
Violent crimes are investigated and prosecuted by the local sheriff, local
police departments, the Florida Department of Law Enforcement, the Florida
Highway Patrol and the State Attorney’s Office. Federal violent
crimes are investigated and prosecuted by various agencies, including
the FBI, DEA, Homeland Security, ATF, and the Department of Justice.
Some common violent crimes include:
What do you need to know immediately following your arrest?
Being arrested for a violent crime is serious and can have lifelong consequences.
The first thing to remember if you are arrested for such a crime is how
important it is to exercise your right to remain silent and your right
to an attorney. These rights, typically called Miranda Rights, are a very
powerful tool because, once they are invoked, law enforcement MUST stop
all interrogation. It cannot be stressed how important the right to remain
silent is because law enforcement is not your friend if they are arresting
you, and no matter how much they will try to make it appear like they
“only want to help” you, once they have, anything you say
will be used against you in court.
Similarly, the right to any attorney, which is an equally powerful right,
must be exercised upon your arrest. When one invokes their right to counsel,
all interrogation by law enforcement outside the presence of an attorney
is strictly prohibited. Of course, when invoking these rights, one must
do so in such a way that law enforcement will clearly understand as that
is the best way to ensure it will take effect.
Associated Penalties for Violent Crimes
Even though violent crimes range from being misdemeanors (the least serious),
to felonies (the most serious), an arrest for any violent crime has serious
lifelong consequences. Indeed, the possible penalties for violent crimes
may include imprisonment ranging from one day to as much as LIFE, or even
DEATH in some circumstances, heavy fines, and periods of probation. Florida
has also implemented
minimum sentences for violent career criminals and habitual violent felons. In
Florida, such mandatory minimum sentences include prison terms of 5, 15,
30, and LIFE. In addition to these legal penalties, a violent crime conviction
can have other serious consequences.
A violent crime conviction will affect employment opportunities as most
employers run background checks before hiring and often do not even give
persons with criminal records a chance for an interview much less employment.
In addition, under Federal and Florida law, one convicted of a violent
crime may no longer possess and/or purchase a firearm. Worse, in Florida,
one convicted of a violent may also no longer vote as convicted felons
in Florida are strictly prohibited from voting. It may also impact an
individual’s ability to keep or obtain a license such as a professional
license (doctor, lawyer, teacher, law enforcement). A criminal conviction,
especially a felony conviction, even though totally unrelated to the practice
of any profession, may impact the ability to hold that license, and may
result in a revocation.
Protect your rights and get the aggressive defense advocate you need if
you are facing charges for a crime in Miami.
Free case evaluation offered — available 24/7.