What is a “Violent Crime”? Violent crime is a general term which many different crimes fall under. Often defined a crime(s) that use or even threaten violence upon a victim. These crimes include assault, battery, carjacking, false imprisonment, kidnapping, and robbery to name a few. Below, we will take a brief look at some of these.
Assault (many times confused with Battery) is often defined as an apparent immediate threat of violence against another person. Usually required is the awareness of the person that a threat of violence is upon them. However, physical contact or actual violence need not occur. Florida law holds an important key factor for assault; the accused must have the ability to actually implement the harm (the threat of or the actual violence). There are two types of assault in FL. Simple assault and aggravated assault. Currently, simple assault is a second degree misdemeanor punishably by up to sixty days in jail and/or a $500 fine. To compare, aggravated assault is a third degree felony which is punishable by up to five years in prison and a $5,000 fine. As you can see, felonies are punishable by harsher consequences when compared to misdemeanors.
Battery is many times mistakenly called assault. Battery differs from assault in the requirement of contact or harm. Battery is defined as striking or causing harm to another person. Dissimilar to assault, battery actually acts on the threat of violence. Similar to assault, there are two types of battery. Simple battery is classified as a first degree misdemeanor and may result in a year of prison. Aggravated battery is classified as a second degree felony punishable by up to fifteen years in prison. Aggravating factors of battery can be if a weapon is used, the battery occurred with intent to commit a felony, the battery results in permanent disability or disfigurement.
Kidnapping is defined as abduction, confinement or imprisonment of another person against their will with the threat of force or actual force used. Kidnapping is punishable by upto thirty years in person. If the victim is younger than thirteen years old, kidnapping may be punishable by up to life in prison.
Robbery is defined as the use of force, violence or threat of force to deprive another of their possession. Robbery is classified as a second degree felony and punishable by up to fifteen years in prison. Armed robbery—any robbery committed with a weapon or threat of a weapon— carries a more severe penalty. Armed robbery is punishable by up to thirty years in prison.
When facing allegations of violent crimes, you need aggressive and experienced representation. Please call our office for immediate assistance, time is not always on your side.