Violent Crimes Defense

Simple assault in Florida (Fla. Stat. § 784.011) is a second-degree misdemeanor: an intentional, unlawful threat by words or act to do violence, coupled with the apparent ability to carry it out, that creates a well-founded fear of imminent violence. No actual physical contact is required. Aggravated assault (Fla. Stat. § 784.021) is a third-degree felony, assault committed with a deadly weapon without intent to kill, or with intent to commit a felony. The presence of a weapon elevates the charge and triggers potential 10-20-Life enhancement if the weapon is a firearm.

Florida's 10-20-Life sentencing enhancement (Fla. Stat. § 775.087) mandates minimum prison terms for firearm use in specified felonies. If a defendant possessed a firearm during certain violent felonies: mandatory 10 years minimum. If a defendant discharged a firearm: mandatory 20 years minimum. If the discharge caused serious injury or death: mandatory 25 years to life. These minimums are mandatory, judges have no discretion to go below them, and defendants are not eligible for early release, parole, or gain time. The 10-20-Life enhancement makes early case intervention, before charges are formally filed, the most critical window in any violent firearms case.

Florida's Stand Your Ground law (Fla. Stat. § 776.012) provides that a person who is not engaged in a criminal activity and who is attacked in a place where they have a right to be has no duty to retreat and may use force, including deadly force, if they reasonably believe it is necessary to prevent death, great bodily harm, or the commission of a forcible felony. Stand Your Ground creates a pretrial immunity hearing: if the court finds by a preponderance of the evidence that the force was justified, the case is dismissed entirely. We have filed and won Stand Your Ground motions in Broward and Palm Beach Counties. Winning at the immunity stage eliminates the case before trial.

Theft involves taking someone's property without their immediate knowledge or consent. Robbery under Fla. Stat. § 812.13 involves taking property directly from another person using force, violence, assault, or putting the person in fear. Robbery is a second-degree felony carrying up to 15 years. Armed robbery, robbery with a weapon, is a first-degree felony carrying up to life imprisonment. Home invasion robbery carries a mandatory life sentence if a firearm is used. These distinctions determine the entire charge level and the available defenses.

Yes, and this is one of the most important reasons to retain counsel immediately after arrest. In one case we handled, we were retained the same day as the arrest for aggravated assault with a deadly weapon. By engaging the State Attorney's Office immediately and presenting a comprehensive legal and factual argument before formal charges were filed, we secured a No Information decision, meaning the State Attorney declined to file charges entirely. This result is only achievable through rapid, pre-charge intervention. The window for this kind of outcome closes when the Information is filed.

Aggravated battery under Fla. Stat. § 784.045 is a second-degree felony punishable by up to 15 years in state prison and a $10,000 fine. The charge applies when a person intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon. If the battery is committed against a pregnant person whom the offender knew or should have known was pregnant, the same 15-year maximum applies. Under Florida's 10-20-Life enhancement, discharge of a firearm during the battery triggers a 20-year mandatory minimum. Florida's Criminal Punishment Code scoresheet drives the actual sentencing range based on prior record, victim injury, and aggravators, so a defendant with no record may still face a presumptive prison sentence depending on the injury severity scored.

Florida courts define great bodily harm as something more than slight, trivial, minor, or moderate harm, but it need not be permanent or life-threatening. The standard has been refined through decades of Florida appellate decisions and is given to the jury as a fact question. Prosecutors prove great bodily harm through emergency room records, treating physician testimony, photographs of injuries, surgical reports, and the victim's recovery timeline. The distinction between simple battery and aggravated battery often turns on whether the State can establish this element. We retain independent medical experts to evaluate injuries, challenge causation, and dispute the prosecution's characterization. Where the line between simple and aggravated battery is genuinely contested, the difference is a misdemeanor versus a 15-year second-degree felony.

The most common defenses include: self-defense and Stand Your Ground immunity under Fla. Stat. § 776.012; defense of others or defense of property; lack of intent to threaten violence, since aggravated assault requires intent to do violence or commit a felony; absence of the well-founded fear element on the alleged victim's part; misidentification; and the weapon's classification, specifically whether the object qualifies as a deadly weapon under the statute. In firearm cases, we also litigate whether the defendant actually possessed the weapon or merely had constructive access to it. Each defense requires distinct factual development. We investigate witness statements, scene surveillance, 911 audio, and the alleged victim's prior contact with the defendant before settling on the defense theory that fits the record.

No. The Fifth Amendment and Article I, Section 9 of the Florida Constitution protect your right against self-incrimination. You are not legally required to answer police questions, whether you are the alleged aggressor, the alleged victim, or a witness. During a lawful Terry detention under Fla. Stat. § 901.151 (Florida's Stop and Frisk Law), an officer may require limited identifying information, but you have no obligation to discuss the underlying incident. Once you state clearly that you want to remain silent and want a lawyer, all custodial questioning must stop under Miranda v. Arizona. The single most common error we see in violent crime cases is clients giving statements at the scene, in the patrol car, or at the station before counsel arrives. Those statements become the State's primary evidence at trial.

Florida law requires a first appearance before a judge within 24 hours of arrest under Fla. R. Crim. P. 3.130. At first appearance, the court reviews probable cause and sets bond unless the charge is non-bondable. Capital and life felonies are non-bondable as a matter of right under Article I, Section 14 of the Florida Constitution unless the defense proves at an Arthur hearing that the proof is not evident and the presumption not great. For aggravated assault, aggravated battery, and most robbery charges, bond is available but can range from a few thousand dollars to six figures depending on the alleged conduct, prior record, and flight-risk factors. We attend first appearance, present mitigation and community ties, and argue for the lowest reasonable bond. The difference is often weeks in custody versus freedom while the case proceeds.