Violent crimes cover a broad spectrum of misdemeanors and felony offenses that can result in fines and jail time or incarceration for offenders. Understanding what makes a crime violent can differentiate between receiving a fine and landing a lengthy prison sentence. Below, we will discuss the types of violent crimes and what makes a violent crime a misdemeanor versus a felony.
What is a Violent Crime?
A violent crime is defined as the unlawful use of force or threat of force against another person.
Under Florida Statute 775.084, crimes such as murder, kidnapping, and child abuse, with the addition of many other crimes, are listed as violent crimes.
What Makes a Crime a Felony?
According to Florida Statute 775.08, a felony is any criminal offense punishable by death or imprisonment in a state prison. A felony is classified into five categories: capital, life, first-degree, second-degree, and third-degree felonies. Violent crimes must meet certain criteria to be considered a felony. Each crime has different criteria; in robbery, for example, the offender has a deadly weapon and uses force, violence, or puts people in fear.
What Makes a Crime a Misdemeanor?
A misdemeanor is a criminal offense punishable by imprisonment in a county correctional facility for not more than one year. Misdemeanors are classified into two categories: first and second-degree. The majority of violent crimes are felonies, but a few can be considered misdemeanors. For example, assault without a weapon is normally considered a misdemeanor, and stalking is also considered a misdemeanor.
What Are the Penalties for Violent Crimes?
Violent crimes have a wide variety of punishments. The punishment for violent crimes will depend on the severity of the offense and the number of times the offender has been convicted.
Felony Penalties
Felony penalties vary based on the crime that has been committed:.
- Capital felony (ex. Capital murder): Life Sentence or Death Penalty
- Life felony (ex., Kidnapping a child under 13): 30 years to life and fines up to $15,000
- First-degree felony (ex. Aggravated child abuse): Up to 30 years and fines up to $10,000
- Second-degree felony (ex. Aggravated battery with a firearm): Up to 15 years and fines up to $10,000
- Third-degree felony (ex. Battery): Up to 5 years and fines up to $5,000
Felony penalties change based on a defendant’s criminal past. Florida Statute 775.084 states that “habitual violent felony offenders” may have extended sentences of imprisonment imposed on them. To be considered a habitual violent felony offender, an individual who has been convicted of a violent crime commits another violent crime within 5 years of conviction or release from prison.
Misdemeanor Penalties
Misdemeanor offenses have less severe penalties associated with the crime and usually do not involve a weapon:
- First-degree misdemeanor (ex. Simple battery): up to 1 year and fines up to $1,000
- Second-degree misdemeanor (ex. Simple assault): up to 60 days and fines up to $500
Defendants convicted of a misdemeanor violent crime who become repeat offenders will be charged with a minimum of a third-degree felony.
What to Do if You Are Charged with a Violent Crime?
Violent crimes, no matter the charge, are always serious. Talk to a lawyer before talking to authorities or pleading to charges. An experienced criminal defense attorney will work with you to establish the best defense for your case.
Need Help? Contact Our Florida Bar Board-Certified Criminal Trial Attorney
Alison M. Lopes is an experienced Orlando violent crime defense attorney helping to protect the rights of clients across Central Florida. Violent crimes should always be taken seriously. If you or a loved one needs help, call our office at 407-442-2724 or email us at alison@lopeslawoffices.com to learn how we can help you.