Cape Coral Violent Crime Defense Lawyers
At Foley & Wilson Law Firm, our seasoned criminal defense attorneys recognize the immense pressure and uncertainty that accompanies being charged with a violent crime. With a combined experience of over 45 years in the criminal justice system, our team, composed of former prosecutors, brings a unique perspective to each case. We approach every client with respect and dignity and handle their cases with the professionalism and personalized attention they deserve. Our deep understanding of Florida’s legal landscape positions us to skillfully navigate the complexities of charges like assault, battery and homicide, ensuring that every client’s rights are staunchly protected. Contact our experienced Cape Coral violent crime defense lawyers today.
Under Florida law, assault is an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and doing some act that creates a well-founded fear in the other person that such violence is imminent. Assault is typically classified as a second-degree misdemeanor. However, the charge can escalate to a first-degree misdemeanor or even a felony if aggravating factors are present.
Battery in Florida occurs when a person actually and intentionally touches or strikes another person against their will or intentionally causes bodily harm to another person. This offense is generally charged as a first-degree misdemeanor. However, it can rise to a third-degree felony, known as felony battery, under certain circumstances, such as a prior conviction for battery or a special status of the victim.
Homicide, the most serious of violent crimes, involves the unlawful killing of another human being. Florida law categorizes homicides differently, ranging from manslaughter (a second-degree felony) to first-degree murder (a capital felony). The degree of the charge depends on factors like premeditation, malice, and the circumstances surrounding the death.
Enhanced Penalties for Hate Crimes
Florida Statutes Section 775.085 addresses enhanced penalties for hate crimes. If a violent crime is motivated by prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim, it qualifies as a hate crime. This designation can significantly increase the severity of the penalties, elevating the offense by one degree. For instance, a second-degree felony becomes a first-degree felony under this statute.
Common Defenses to Violent Crimes
In defending against charges of violent crimes, several strategies can be effective. Common defenses include:
- Self-Defense: Arguing that the accused was protecting themself from imminent harm.
- Defense of Others: Similar to self-defense, but in the context of protecting another person.
- Accidental Injury: Claiming that any harm caused was unintentional and occurred in the absence of criminal negligence.
- Alibi: Providing evidence that the accused was not present at the time and place of the alleged crime.
- Insufficient Evidence: Challenging the prosecution’s evidence as inadequate for proving guilt beyond a reasonable doubt.
- Mistaken Identity: Arguing that the accused has been wrongly identified as the perpetrator.
Contact Foley & Wilson Law Firm for Help With Violent Crime Defense in Cape Coral
Facing a violent crime charge can be daunting, but with Foley & Wilson Law Firm by your side, you are not alone. Our experienced legal team is dedicated to providing the highest level of representation, leveraging our extensive knowledge and experience to craft a robust defense strategy tailored to your unique situation. We believe in treating our clients with dignity and respect, guiding them through the legal process with skill and professionalism.
For skilled and effective legal representation in Cape Coral, Florida, contact Foley & Wilson Law Firm for a free consultation to discuss your case and explore your legal options.