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Sarasota Violent Crimes Defense

What are violent crimes?

Violent crimes generally involve the unlawful touching or striking of another individual, known better as a "battery." However, assaults and robberies are also crimes of violence. An assault is when you threaten another individual, and in doing so you put that other individual in fear of immediate bodily harm or death. Robbery involves the taking of someone else's property by force or threat of force. All crimes of violence come in varying degrees of severity. For example, a fight at a bar may be a simple battery, which is a first degree misdemeanor. However, if a knife is used or you cause serious bodily harm to the other person in the fight, the charge jumps up to a third or second degree felony. The same holds true for assaults and robberies—the more egregious the act, the higher the potential penalty.

What is a Domestic Battery?

Florida has made a distinction between simple battery and domestic battery or domestic violence. The difference between simple battery and domestic battery is in domestic battery the two individuals involved in the battery live together. While this generally applies to husbands and wives, it applies to any individuals who live together such as mother and son, son and father, mother and daughter, siblings, etc. Both battery and domestic battery are first degree misdemeanors, but domestic battery has some unique consequences if you are found guilty. First, you will likely be required to attend a certified batterers' intervention program (an approximately 28 week program consisting of a class once a week.). Most importantly, if law enforcement is called out to investigate suspected domestic violence, it is very likely that one individual will go to jail.

What are some consequences of a conviction for a crime of violence?

First and foremost, you will have a crime of violence on your record. This will greatly affect any future sentencing recommendations if you commit another crime. If you have been adjudicated for a misdemeanor battery before, if you commit another misdemeanor battery, it may be upgraded by the State to a felony battery. Some crimes, such as robbery and aggravated battery, may qualify you as a Violent Felony Offender of Special Concern. This will affect your ability to get a bond, requires a court to conduct a special "danger hearing" before you are released for any reason, and doubles the points scored on a felony score sheet for a violation of probation.

What will Soler & Slack, P.A. do to help you?

At Soler & Slack, P.A. we will do everything we can legally do to defend you if you are charged with a crime of violence. We will conduct depositions of witnesses, victims, and law enforcement to flesh out any inconsistencies in their stories. We will file any applicable motions to suppress if you were improperly searched or interrogated by the police. In many crimes of violence, there are two sides to every story and we will present your side of the story to the State and to a jury if necessary.

Crimes of violence are serious charges. Call us today to schedule a free consultation.

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