Crimes of violence often carry the most severe consequences. Those charged with violent crimes are often deemed by prosecutors to deserve the most severe sanctions, including lengthy prison sentences, community control, or onerous conditions of probation.
In some cases, the laws against violent crimes carry severe minimum mandatories, such as 10-20-Life (10 years in prison for using a gun in a crime, 20 for firing a gun, and 25 years to Life for injuring or killing someone), and enhanced sentencing schemes such as prison release reoffender and habitual felony offender.
Prison Releasee Reoffenders must be sentenced to the statutory maximums and are not eligible for gain time. Habitual Felony Offenders can have their potential sentence doubled. For example, a Habitual Felony Offender charged with robbery faces a 30-year maximum sentence as opposed to the 15-year maximum he or she otherwise would have faced without the enhancement.
Violent crimes include:
- Sexual Battery
- Burglary with Assault or Battery
- Domestic Violence
- Aggravated Stalking
Defense of violent crimes requires aggressive investigation, negotiation, and litigation. In some cases, the charges should simply be dismissed because of Florida’s “Stand Your Ground” law or some other form of self-defense. However, a self-defense claim normally involves a pretrial hearing to determine whether immunity attaches and, if that is unsuccessful, a jury trial to convince the trier of fact that you were justified in your actions.
In other cases, the offense may be overcharged and an aggressive attorney may be able to convince the prosecutor to reduce the charges. This can sometimes be accomplished by obtained a waiver of prosecution from the alleged victim. However, just because a “victim” does not want to press charges, your case will not go away. The State Attorney’s Office controls whether a prosecution will go forward and a waiver of prosecution does not allow a “victim” to disregard a valid State subpoena. With that said, a waiver can be a powerful negotiation tool.
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.