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Common Violent Crime Charges Under Florida Law

  • Aggravated assault (Fla. Stat. § 784.021): Generally an assault committed with a deadly weapon without intent to kill, or with intent to commit a felony, classified as a third-degree felony.
  • Aggravated battery (Fla. Stat. § 784.045): Generally a battery that intentionally or knowingly causes great bodily harm, permanent disability, or disfigurement, or that involves a deadly weapon, or where the offender knew or should have known the victim was pregnant, classified as a second-degree felony.
  • Robbery (Fla. Stat. § 812.13): Generally the taking of money or property from another person by force, violence, or intimidation, with the degree depending on factors such as whether a weapon was used.
  • Felony battery (Fla. Stat. § 784.041): Generally applies when a battery results in great bodily harm, permanent disability, or disfigurement, or follows a prior battery conviction.

Whether conduct is charged as a misdemeanor battery, a felony battery, or an aggravated offense often depends on specific facts such as the extent of any injury, whether a weapon was present, and the relationship between the parties.

Potential Penalties for Violent Crime Convictions

Penalties vary substantially based on the specific charge and facts. Under Fla. Stat. § 775.082, Florida's general sentencing statute:

  • Aggravated assault, as a third-degree felony, can carry up to 5 years in prison.
  • Aggravated battery and felony battery involving great bodily harm, as second-degree or third-degree felonies, can carry up to 15 years or 5 years in prison, respectively.
  • Robbery can range from a second-degree felony to a first-degree felony punishable by up to life in prison, generally depending on whether a weapon or firearm was used during the offense.
  • Additional mandatory minimum sentences can apply under Florida's 10-20-Life law when a firearm is used or discharged during certain violent offenses.

Because these classifications depend so heavily on the specific facts, including injury severity and weapon involvement, an accurate assessment of exposure requires careful review of the police report, medical records, and any forensic evidence.

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Common Defenses to Violent Crime Charges

  • Self-defense: Presenting evidence that the accused reasonably believed force was necessary to protect themselves or another person, which can be a complete defense depending on the facts.
  • Disputing the extent of injury: Challenging whether the alleged injury meets the legal definition of great bodily harm required for an aggravated charge.
  • Mistaken identity: Contesting surveillance footage, witness identification, or forensic evidence.
  • Lack of intent: Arguing the conduct was accidental rather than intentional or knowing, where intent is a required element.
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What Happens After a Violent Crime Arrest in Hillsborough County

  1. Arrest and booking, often following a 911 call or direct police response to an incident.
  2. First appearance, where bond is addressed, sometimes with additional conditions such as no-contact orders.
  3. Arraignment, where the charge is formally read and a plea is entered.
  4. Discovery, including medical records, witness statements, and any body-camera or surveillance footage.
  5. Resolution, through negotiated plea, pretrial motion, or trial.

Steps to Take If You've Been Charged With a Violent Crime

  • Do not discuss the incident with anyone other than your attorney, including on social media.
  • If you acted in self-defense, document everything you remember and identify any witnesses as soon as possible.
  • Comply with any no-contact order exactly as written, even if you believe it is unnecessary.
  • Contact a criminal defense attorney promptly, particularly given the potential for mandatory minimum sentencing in weapon-related cases.
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Why Choose the Violent Crimes Defense Lawyers at Carlson Hayslett, P.A., in Tampa, FL?

If you are facing violent crime charges, you could be at risk of serious criminal penalties that may affect your freedom, reputation, and future. Our violent crimes defense attorneys in Tampa understand the serious consequences these charges can carry and will carefully review the allegations, evidence, and circumstances of your case to develop an effective defense strategy.

Carlson Hayslett, P.A., has represented clients in the Tampa Bay area for more than 55 years. Our longstanding presence in the community has given us valuable insight into the local courts and legal system, while our approach remains focused on each client's individual needs. Our team has earned recognition for:

  • Deep roots in the Tampa Bay and Clearwater legal communities
  • Extensive familiarity with local courts and the judges who preside over them
  • Leadership within the legal community, including involvement in the nomination of judges our clients now appear before
  • Recognition from respected legal organizations such as Super Lawyers, Florida Trial Lawyers, Martindale-Hubbell, and the Clearwater Bar Association

When you are facing violent crime charges, the defense you build can have lasting implications. Contact Carlson Hayslett, P.A., today to discuss your case and schedule a free consultation by calling 727-219-2272 or completing the form on this website.

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Violent Crimes FAQs

What is the difference between assault and battery in Florida?

Can self-defense be used against an aggravated battery charge?

Does using a weapon automatically make a charge more serious?

What if the alleged victim doesn't want to press charges?

Can a violent crime charge affect other areas of my life, like custody or firearm rights?

What is the difference between assault and battery in Florida?

Generally, assault involves a threat or intentional act creating fear of imminent violence without physical contact, while battery involves actual physical contact or striking of another person.

Can self-defense be used against an aggravated battery charge?

Yes, self-defense can apply to aggravated battery and other violent crime charges where the facts support a reasonable belief that force was necessary, though whether it applies depends entirely on the specific circumstances.

Does using a weapon automatically make a charge more serious?

Generally, yes. The presence of a deadly weapon during an assault or battery typically elevates the charge to an aggravated offense and can trigger additional mandatory minimum sentencing under Florida's 10-20-Life law.

What if the alleged victim doesn't want to press charges?

In Florida, the decision to prosecute belongs to the State Attorney's Office, not the alleged victim, so a case can proceed even if the alleged victim asks that charges be dropped.

Can a violent crime charge affect other areas of my life, like custody or firearm rights?

Yes. A violent crime conviction can affect family law proceedings, firearm eligibility, and other collateral consequences, which is another reason to have the underlying charge evaluated carefully.

Disclaimer

This page is provided for general informational purposes only and does not constitute legal advice. Every violent crime case depends on its own specific facts, and Florida criminal law is nuanced. Nothing on this page should be treated as a substitute for a case-specific consultation with a licensed attorney.

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