Daytona Violent Crimes Lawyers

Violent Felony Defense in Volusia County

Facing an accusation of a violent crime can be one of the most frightening moments in a person’s life. Whether you were arrested after a heated argument or accused of an act you didn’t commit, the stakes are high—your reputation, freedom, and future are all at risk. In Florida, “violent crime” usually refers to offenses involving the use or attempted use of physical force against another person. These cases are prosecuted aggressively and often move quickly through the court system, leaving little time to prepare without experienced legal counsel.

At Hager & Schwartz, P.A., we understand what you’re facing. As former state prosecutors, our Daytona Beach criminal defense lawyers know exactly how the prosecution builds its case, and we use that knowledge to anticipate their strategies and identify weaknesses in their evidence. Our firm has successfully defended clients across Volusia County charged with a range of crimes from assault and battery to attempted murder. We approach every case with a clear goal: to protect rights, challenge the prosecution's version of events, and pursue a favorable outcome.

If you’ve been accused of a violent offense, don’t wait to get legal help. The sooner you involve an attorney, the stronger your defense will be. Contact us for a free consultation. We are available 24/7 and proudly serve clients throughout Daytona Beach and Volusia County.

What Is Considered a Violent Crime in Florida?

Under Florida law, violent crimes are offenses that involve the use—or the threatened use—of physical force against another person. These crimes are taken very seriously by prosecutors, as they often include allegations of bodily harm, weapons, or aggressive intent. Even if no one is injured, the mere threat or perceived intent to commit violence can result in criminal charges that have lasting consequences.

Florida statutes classify a wide range of offenses as violent crimes, including:

• Simple assault (§ 784.011): Intentionally threatening or attempting to harm someone, coupled with the apparent ability to carry out that threat. No physical contact is required for a simple assault charge.
• Aggravated assault (§ 784.021): An assault involving a deadly weapon or the intent to commit a felony. This offense is a third-degree felony punishable by up to five years in prison.
• Battery and aggravated battery (§ 784.03, § 784.045): Battery occurs when a person intentionally touches or strikes another against their will, or causes bodily harm. Aggravated battery involves serious injury or the use of a weapon.
• Domestic assault or battery: Crimes of violence between family members, romantic partners, or household members, often prosecuted with enhanced penalties and mandatory counseling.
• Robbery (§ 812.13): Using force, violence, or intimidation to take property from another person.
• Homicide (§ 782): The unlawful killing of another human being, which can range from manslaughter to first-degree murder.
• Attempted murder (§ 782.051): Taking direct action toward killing another person, even if the attempt is unsuccessful.

These offenses can differ in degree and severity, but all are classified as violent crimes because they endanger the safety or well-being of another person. Sometimes, the presence of a firearm or previous convictions can increase charges and punishments.

It’s also crucial to understand that being arrested for a violent crime does not mean you are guilty. Many people face these charges after false accusations, self-defense situations, or misunderstandings that get out of control. Unfortunately, even an arrest without a conviction can harm your reputation, job prospects, and personal relationships.

We recognize the seriousness of these situations. As former prosecutors who now practice criminal defense, our Daytona Beach attorneys know how to challenge the state’s evidence, defend your rights, and tell your side of the story.

Penalties and Sentencing for Violent Crimes in Florida

Florida enforces strict penalties for violent crimes. Because these offenses are seen as immediate threats to public safety, prosecutors in Volusia County and across the state pursue convictions vigorously. Even a first-time offender could face years—or even decades—behind bars if convicted of a violent felony. Knowing the possible repercussions is crucial for developing a strong defense strategy.

Violent crimes in Florida are usually categorized by degree, with penalties based on the severity of the offense and the presence of aggravating factors such as injury, weapon use, or prior convictions.

Felony classifications and example penalties include the following:

• Third-degree felony: Punishable by up to 5 years in prison and a $5,000 fine.
  • Example: Aggravated assault under §784.021 falls into this category.
• Second-degree felony: Punishable by up to 15 years in prison and a $10,000 fine.
  • Example: Aggravated battery (§784.045) is typically charged as a second-degree felony.
• First-degree felony: Punishable by up to 30 years in prison and a $10,000 fine.
  • Example: Attempted murder (§782.051) may result in life imprisonment, depending on the circumstances.

Beyond jail time, a violent crime conviction can result in probation, heavy fines, community service, loss of gun rights, and a permanent criminal record, all of which can impact employment and housing opportunities long after the sentence is completed.

Florida’s Mandatory Minimum and “10-20-Life” Laws

Under Florida’s “10-20-Life” statute (Florida Statute §775.087), crimes involving firearms are punished with mandatory minimum prison terms:

• 10 years for possessing a firearm during the commission of a felony.
• 20 years for firing the weapon.
• 25 years to life if someone is injured or killed as a result.

These sentencing enhancements apply even if the weapon was not fired but only displayed, used, or threatened to be used. Judges have limited discretion under this law, which emphasizes the importance of early, strategic intervention.

Local Enforcement in Volusia County

Prosecutors in Volusia County are known for their strict stance on violent crimes, often pushing for the harshest penalties allowed by law. Therefore, defendants in Daytona Beach should be prepared for a tough fight that calls for a defense team skilled in negotiation and trial defense.

Our Daytona Beach violent crime attorneys have firsthand experience with how the state builds its case. As former prosecutors, we leverage that knowledge to find weaknesses in the prosecution’s evidence, challenge enhancements under the “10-20-Life” law, and fight to reduce or dismiss charges whenever possible.

Defenses Against Violent Crime Charges

Being accused of a violent crime can make you feel powerless—but under Florida law, you still have rights and defenses available. Each case is unique, and the circumstances surrounding an arrest often tell a different story than what the prosecution presents. A strong defense begins with understanding the facts, the evidence, and the law—and using them to your advantage.

Our Daytona Beach criminal defense attorneys thoroughly examine every detail of your case. As former prosecutors, we understand how the state prepares its arguments and the evidence it depends on to win a conviction. This perspective helps us spot weaknesses, identify procedural mistakes, and create a defense tailored to your situation.

Common defenses to violent crime charges include the following:

• Self-defense: Florida’s “Stand Your Ground” law (§ 776) permits individuals to use reasonable—and sometimes deadly—force if they believe it’s necessary to prevent imminent death or great bodily harm. You may be protected under this statute if you acted out of genuine fear for your safety.
• Defense of others: Similar to self-defense, this argument applies when you use force to protect someone in immediate danger of harm.
• Lack of intent: Many violent crimes require proof that the accused intended to cause injury. If the incident was accidental or resulted from reflexive action, intent may not exist—and without intent, the crime may not stand.
• Mistaken identity: Eyewitness testimony and quick identifications can be unreliable, especially in chaotic or stressful situations. Demonstrating that you were misidentified can be a powerful defense in violent crime cases.
• Constitutional violations: If your rights were violated during the investigation, such as an unlawful search, lack of probable cause, or a coerced confession, evidence obtained through those means may be suppressed, weakening the prosecution’s case.

A well-prepared attorney will thoroughly review all evidence, including police bodycam footage, witness statements, and forensic reports, to determine if the state has met its burden of proof. Identifying inconsistencies or procedural errors can occasionally be enough to have charges reduced or dismissed entirely.

Early legal intervention often decides how a case unfolds. The sooner you contact a defense lawyer, the more chances you have to preserve evidence, negotiate with prosecutors, or prevent charges from being officially filed.

Every person deserves a fair fight and a dedicated advocate in their corner. We work swiftly, strategically, and relentlessly to protect your rights.

FAQs About Violent Crimes in Florida

Understanding how Florida defines and prosecutes violent crimes can help you make informed decisions during one of the most stressful times of your life. Below are answers to some of the most common questions people ask when facing these serious charges.

What Crimes Are Considered Violent in Florida?

In Florida, violent crimes are offenses that involve the use—or attempted use—of physical force or violence against another person. These include assault, aggravated assault, battery, aggravated battery, domestic violence, robbery, homicide, and attempted murder. Even the threat of harm, without physical contact, can lead to criminal charges under Florida’s assault laws. The severity of a violent crime depends on factors such as whether a weapon was used, the extent of injury, and whether the act was premeditated.

Is Aggravated Assault a Felony in Florida?

Yes. Aggravated assault is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. The charge can escalate to harsher penalties if a deadly weapon is involved or if the alleged victim is a law enforcement officer, firefighter, or another protected individual. Because aggravated assault is considered a violent felony, it can also impact firearm rights and future employment opportunities if convicted.

Can Self-Defense Be Used in Violent Crime Cases?

Absolutely. Florida’s “Stand Your Ground” law permits individuals to use reasonable, and in some cases deadly, force to defend themselves if they genuinely believe they are in imminent danger of harm. Self-defense claims can be relevant in many violent crime cases, including assault, battery, or even homicide, if the evidence shows that the accused acted to prevent serious injury or death. A skilled defense attorney can help prove that your actions were justified under Florida Statutes § 776.

What Are the Penalties for Violent Felony Convictions in Volusia County?

Penalties for violent felonies in Volusia County depend on the charge and the circumstances of the case.

• Third-degree felonies (like aggravated assault) can result in up to 5 years in prison.
• Second-degree felonies (like aggravated battery) can lead to 15 years.
• First-degree felonies (like attempted murder) may carry up to 30 years or even life imprisonment.

Volusia County prosecutors take a tough stance on violent crime cases. That’s why it’s crucial to have a defense team skilled at challenging evidence, questioning witness credibility, and negotiating strategically before trial.

Why Hire a Violent Crimes Lawyer in Daytona?

When your future is at stake, you need a defense team that understands both sides of the courtroom. Our Daytona Beach violent crime attorneys bring a rare and valuable perspective as former state prosecutors who now defend the accused exclusively. We understand how prosecutors think, what evidence they rely on, and where their cases often fall short.

We combine that experience with local courtroom insight, a proven track record, and a commitment to offering personal, 24/7 legal support. Whether you’re under investigation or already facing charges, we’re here to protect your rights, reputation, and future.

Contact Our Daytona Violent Crimes Attorneys

If you’ve been accused of a violent crime, it can feel like your whole world has turned upside down. The uncertainty, fear, and pressure following an arrest can be overwhelming, but you don’t have to face this alone. The choices you make in the hours and days after your arrest can greatly impact your future, which is why it’s important to get experienced legal help immediately.

We offer the strong, strategic defense you need during this critical time. With decades of combined experience as former state prosecutors, our Daytona Beach criminal defense trial lawyers provide unique insight into how the state builds and prosecutes violent crime cases. That insider perspective helps us anticipate the prosecution’s tactics and identify weaknesses in their evidence.

Choosing our firm means more than just legal help—you gain committed advocates who are personally invested in your case. We pride ourselves on giving clients direct access to their attorneys, offering updates, guidance, and reassurance every step of the way. Our team is known for providing personal attention, proven results, and relentless advocacy, whether your case involves assault, aggravated battery, or a serious felony charge.

Your freedom and your future deserve immediate protection. Contact Hager & Schwartz, P.A. for a free, confidential consultation. We are ready to answer your call, listen to your story, and begin building your defense. The sooner you reach out, the sooner we can start fighting to protect your rights and reputation.