Criminal Defense Lawyers

Pensacola Attorneys List the Punishments for Different Violent Crimes

Pensacola Attorneys Explain Punishments for Violent Crimes

Pensacola attorneys deal with violent crimes like murder, rape, robbery, and assault on a regular basis. As experienced criminal defense lawyers, they understand the complex laws and sentencing guidelines that apply to violent offenders in Florida. This article provides an overview of how Pensacola attorneys explain the potential punishments for different violent crimes to their clients.

Murder

Murder is generally defined as the unlawful killing of another human being with malice aforethought. Under Florida law, murder is classified into three degrees:

First Degree Murder

First degree murder is a capital felony punishable by life in prison without parole or the death penalty. A conviction requires proof of premeditated design or intent to kill. Pensacola defense attorneys explain that first degree murder applies when the killing is willful, deliberate, and premeditated. This means the defendant consciously made the decision to kill the victim.According to Pensacola criminal lawyers, first degree murder convictions often lead to the death penalty in Florida. However, the death penalty process involves many complex steps, including a separate sentencing hearing. Experienced attorneys thoroughly examine mitigating circumstances that could persuade a jury to impose a life sentence instead.

Second Degree Murder

Second degree murder does not require premeditation. However, the killing must be intentional and unlawful. Pensacola attorneys explain that second degree murder applies when the intent to kill was formed quickly or in the heat of passion.Second degree murder is a felony punishable by up to life in prison. A conviction typically leads to a lengthy prison sentence, often 25 years to life, as explained by local defense lawyers.

Third Degree Murder

Florida defines third degree murder, also called felony murder, as a killing that occurs during the commission of a dangerous felony. Pensacola attorneys explain that the defendant does not need to intend to kill the victim. Instead, a death that results from a dangerous felony like robbery, rape, or arson can constitute third degree murder.Third degree murder is a second degree felony with a maximum sentence of 15 years in prison. However, the underlying felony can also be punished, so sentences are often longer.

Manslaughter

Manslaughter is an unlawful killing without malice aforethought. Pensacola criminal defense attorneys explain manslaughter has two forms:

Voluntary Manslaughter

Voluntary manslaughter occurs when the defendant intentionally kills the victim due to adequate provocation. Pensacola lawyers say provocation can be something like catching a spouse in the act of cheating. Manslaughter applies because the killing was provoked and in the heat of passion.Voluntary manslaughter is a second degree felony punishable by up to 15 years in prison.

Involuntary Manslaughter

Involuntary manslaughter takes place when a death results from reckless behavior or criminal negligence. Pensacola attorneys explain that the defendant did not intend to kill the victim. However, their reckless actions or negligence directly led to the victim’s death.

Involuntary manslaughter is typically a second degree misdemeanor in Florida, with up to 60 days in jail as the maximum penalty. But it becomes a second degree felony with harsher punishment when committed with a firearm.

Assault and Battery

Pensacola criminal attorneys frequently defend clients against assault and battery charges. These violent crimes involve threats, violence, and unwanted touching against another person.

Assault

Assault consists of threatening words or actions intended to cause fear of immediate harm or offensive contact. Pensacola defense lawyers explain that no physical contact is required. Pointing a weapon or making threats can constitute assault.

Simple assault is a second degree misdemeanor under Florida law, with penalties up to 60 days in jail. Aggravated assault involves a deadly weapon and is a third degree felony punishable by up to 5 years in prison.

Battery

Battery is defined as intentional, unwanted touching against someone’s will. Pensacola attorneys explain that battery requires physical contact, unlike assault. Punching, kicking, and other acts of violence qualify as battery.

Simple battery is a first degree misdemeanor with penalties up to one year in jail. Aggravated battery refers to battery that causes great bodily harm, disability, or disfigurement. It is a second degree felony in Florida, according to criminal lawyers.

Sex Crimes

Pensacola sex crime attorneys represent clients for serious violent offenses like rape, sexual assault, and child molestation.

Rape

Rape is committed when one forces or coerces another to have sexual intercourse. Pensacola criminal defense lawyers explain that rape requires sexual penetration without consent. Force, threats of violence, or incapacitation of the victim can lead to a rape conviction.

Rape is classified as sexual battery under Florida law. It is generally punishable as a first degree felony with up to 30 years in prison. However, capital felony punishments up to life in prison or death can apply in certain circumstances.

Sexual Assault

Sexual assault encompasses nonconsensual sexual contact like groping and fondling. Pensacola attorneys explain that sexual assault lacks the penetration element required for rape. Still, it is a serious violent crime under Florida law.

Penalties vary based on factors like the victim’s age. But sexual assault often leads to years or decades behind bars, according to defense lawyers.

Child Molestation

When the victim is under 16 years old, any lewd or lascivious act can constitute child molestation. Pensacola lawyers explain that child molestation does not require violence or penetration. Sexual contact with a child is strictly prohibited.

Depending on the circumstances, child molestation ranges from a second degree felony to a capital felony under Florida statutes, punishable by years to life in prison.

Robbery

Pensacola robbery attorneys frequently defend clients charged with theft crimes involving violence or threats.

Robbery consists of taking money or property from another using force, violence, assault, or putting the victim in fear. Pensacola criminal lawyers explain that the key elements are theft and force or threat of force. Snatching a purse or demanding money at gunpoint are common examples.

Robbery is generally a second degree felony under Florida law. However, carjacking or home invasion robbery escalates the crime to a first degree felony. Prison sentences range from 1-30 years depending on the circumstances.

Defenses to Violent Crimes

Pensacola criminal attorneys often defend violent crime charges by asserting justifiable use of force, self-defense, or insanity defenses.

Justifiable Force

Florida law allows the use of non-deadly force to defend yourself or others against imminent threat. Pensacola defense attorneys argue justifiable force when their clients acted reasonably to protect themselves from harm. However, the force cannot excessively exceed the threat.

Self-Defense

Self-defense enables the use of deadly force if you reasonably believed it was necessary to prevent imminent death or great bodily harm. Pensacola lawyers use this defense when clients had a reasonable fear of serious injury or death during an attack.

Insanity

Under the insanity defense, defendants cannot be convicted if mental illness prevented them from knowing right from wrong at the time. Pensacola attorneys use court-appointed psychologists to determine if clients were unable to understand the consequences of their violent actions.

Conclusion

Pensacola violent crime attorneys regularly defend clients charged with serious offenses like murder, sexual battery, assault, and robbery. They work tirelessly to build the strongest defense possible in each case. While violent crimes come with steep penalties under Florida law, experienced lawyers know how to effectively argue for reduced charges or sentences whenever possible. Pensacola attorneys help clients understand the complex sentencing guidelines and potential defenses for violent crime charges.