Violent Crimes Attorney in Tampa

Educating Clients on Possible Defense Strategies for Serious Crimes

Florida criminal law distinguishes between crimes, categorizing most minor and nonviolent offenses into misdemeanors and designating more serious crimes, including most violent crimes, as felonies. While Florida’s overall crime rate has been declining in recent years, the Florida Department of Law Enforcement reported in 2018 that violent crimes have been steadily increasing in this state. Crimes of violence often mean injuries or death for the victims and innocent bystanders. The government has a vested interest in lowering these numbers, and that means prosecutors and law enforcement officers are focused on investigating and prosecuting these crimes to the fullest extent of the law.

If you’ve been charged with a criminal offense that qualifies as a violent crime, contact an experienced criminal defense attorney immediately. You need aggressive legal representation to help you fight these charges and protect your future and freedom. Attorney Patrick B. Courtney has helped clients in Tampa and the surrounding area beat these charges. Call today to discuss your case.

What Qualifies as a Violent Crime?

Under Florida law, a violent crime is any crime where violence is threatened or is actually used against a victim. Such crimes do not necessarily involve the display or use of weapons, and the other party may not necessarily have to have sustained injuries for the defendant to be charged. Because of the danger they pose to the public, violent crimes are dealt with harshly by Florida’s criminal courts.

Some examples of violent crimes include:

Homicide
Assault
Aggravated assault
Battery
Aggravated battery
Rape
Armed robbery
Kidnapping
Carjacking
False imprisonment
Arson

These are serious offenses, and defendants must understand that their futures — and potentially even their lives in the case of capital felonies — are on the line. Criminal defense lawyers like Patrick B. Courtney have the experience necessary to represent clients charged with violent crimes. It is imperative that you have an attorney on your side who is ready and able to provide an aggressive defense and do everything they can to mitigate the consequences of these charges.

What Are the Consequences of a Conviction for a Violent Crime?

In Florida, a conviction for a violent crime can result in a prison sentence and a significant fine. The exact terms of the sentence depend on the charge and whether the defendant has any prior felony convictions. In most cases, the possible sentences are as follows:

Capital felonies: Up to life in prison without the possibility of parole or the death penalty
Life felonies: Up to life in prison and a fine of up to $15,000
First-degree felonies: Up to 30 years in prison and a fine of up to $10,000
Second-degree felonies: Up to 15 years in prison and a fine of up to $10,000
Third-degree felonies: Up to five years in prison and a fine of up to $5,000

It is possible for some violent crimes to be charged as misdemeanors. For example, simple assault is a misdemeanor. Misdemeanors carry much shorter potential sentences and smaller fines, but they should still be treated seriously and with the help of an experienced criminal defense attorney.

A conviction for a violent crime triggers not only serious legal penalties but also serious extra-legal consequences. Your family could be devastated. Your career could be ruined. You’ll probably also lose your right to own a firearm if you are convicted of a crime of violence, and at least temporarily, you could lose your right to vote.

If you hold a professional license or certification in Florida, your professional licensing board will almost certainly take disciplinary action if you’re convicted of a violent crime. If you are an immigrant in this state, a conviction for a violent felony will probably trigger a deportation order.

When you’re talking about charges related to violent crimes, there is virtually no area of your life that can’t be affected. If you’re facing this situation, contact attorney Patrick B. Courtney to find out how he can help and ensure you have the defense representation you need through every step of the process.

When Are Penalties Enhanced for Violent Crimes?

Charges for violent crimes already carry significant consequences, but the penalties can be even more severe — referred to as “enhanced” under the law — if certain extenuating circumstances are present.

For example, if a violent crime involves a firearm or an explosive device, the penalties for a conviction will be even harsher. Another situation where an enhanced penalty can come into play is if the crime involved a minor or a law enforcement officer. Similarly, if an act of violence is found to be a hate crime — a crime motivated by the victim’s gender, race, or ethnicity, for example — the penalties for a conviction will be enhanced.

The sentencing penalties for a conviction can also be enhanced if the defendant qualifies as a habitual offender. In Florida, this means that the defendant has been convicted of three or more felonies. This is also often referred to as the Three Strikes Rule because when someone is convicted of a third felony, they can be sentenced to up to life in prison.

Enhanced penalties can also mean longer sentences or mandatory minimums. If any of these circumstances are present in your case or you have a history of felony convictions, speak to a defense attorney about your options for avoiding these increased consequences.

Could You Be Falsely Accused of a Violent Crime?

Everyone wants to believe that the criminal justice system works as it should, meaning that those who commit crimes are properly charged and that only those who are guilty are convicted. However, there are times when someone is falsely accused — and even convicted, especially if they tried to handle the case without an experienced criminal defense lawyer.

The violent crimes that you are most likely to be falsely accused of in Florida are assault and battery. When a fight or a violent dispute happens in a bar, a parking lot, or another public setting, the police sometimes simply arrest everyone who is involved, including the victims. In the heat of the moment, it may be difficult for officers or even witnesses to figure out who threw the first punch or whether the altercation was a justifiable act of self-defense. It’s up to the investigators, prosecutors, and the judge to determine whether someone committed a crime — and they don’t always get it right.

If you are charged with a violent crime that you did not commit, it is imperative to fight the charge, but do not try to act as your own attorney. When the charge is a crime of violence, even if you’re innocent, acting as your own attorney can be the fast track to prison. Fighting these charges requires extensive knowledge of Florida criminal law and the applicable defense strategies. You will need an attorney who is a strong litigator if the case goes to trial and a skilled negotiator if the best outcome would be a plea deal. Patrick B. Courtney is both of these things, and he should be your first call when you’ve been charged with a violent crime.

What Should You Do When You’ve Been Charged With a Violent Crime?

When you’re facing arrest for a violent crime, don’t try to explain anything to the police. It’s not just a line in a TV show: Anything you say can and will be used against you. Your words could be misconstrued, and they can have a detrimental effect on your case later on. Politely insist on your right to remain silent and on your right to have your attorney present for any interrogation. Do not answer any questions about what happened or provide any information until your attorney gets there, even if you think it’s minor or won’t affect your case.

It’s also crucial not to agree to or sign any “deal” before you have an attorney’s advice. Not every plea deal is a good one, and an attorney can help you negotiate and ensure it’s the best deal possible and that you fully understand the consequences before you sign.

What Defenses May Be Offered Against Violent Crime Charges?

Your legal defense against a violent crime charge will depend on the details of the incident and the charge against you. If you’re innocent, you may have been misidentified or even framed for the crime. You may have acted in self-defense or in the defense of others.

You should know, however, that Florida’s Supreme Court has ruled that violent crime defendants who claim self-defense must assume the burden of proof and show that they were, in fact, acting in self-defense. Working with a skilled defense attorney can help you ensure that you have the evidence necessary to meet this burden if you choose to use this defense strategy.

Every violent crime case in the Tampa Bay area needs to be reviewed and investigated by an experienced Tampa criminal defense attorney. Violent crimes can present difficult defense challenges. Juries, for example, are more likely to convict when a victim is physically injured. An attorney is aware of all of these specifics and uses this information to decide on the defense strategy most likely to result in a positive outcome.

What Is a Tampa Defense Attorney’s Role in Violent Crime Cases?

Experienced defense attorneys in violent crime cases work to find and present exculpatory evidence, to suppress illegally gathered evidence, to challenge unreliable witnesses, and to provide effective defense representation.

You can’t afford to hire an inexperienced defense lawyer. Every criminal defendant is innocent until proven guilty “beyond a reasonable doubt,” and everyone who is charged with a violent crime deserves to be advised and represented by a good defense attorney.

Experienced Criminal Defense Attorney Pat Courtney Knows How to Win Justice

With his background as a former prosecutor, Tampa criminal defense attorney Patrick B. Courtney knows how violent crimes are prosecuted in Florida and just how serious a violent crime charge can be. He knows how to protect a client’s rights — and how to win justice.

Prosecutors sometimes “overcharge” in violent crimes cases to get a quick guilty plea on a lesser charge from a scared defendant. Pat Courtney does not let prosecutors railroad his clients this way. He will recommend a plea bargain only if a plea bargain is genuinely the best option.

Pat Courtney represents clients who are charged with violent crimes in Hillsborough, Pasco, Polk, Pinellas, Manatee, and Sarasota counties. Find out more by calling his law offices at (813) 252-1529 or by using the online contact form on this website.