Deltona Violent Crime Lawyers
Ready to Defend You Against Serious Charges
Being accused of a violent crime is a life-altering event that can have serious consequences, including long-term imprisonment, a permanent criminal record, and a significant impact on your personal and professional life. Whether you've been charged with assault, battery, robbery, domestic violence, or any other violent crime, it's crucial to seek the assistance of an experienced Deltona violent crime lawyer to protect your rights and build a strong defense.
At Hager & Schwartz, P.A., we understand the gravity of these charges and the impact they can have on your life. Our dedicated legal team will work tirelessly to investigate the circumstances surrounding your case, challenge the evidence against you, and fight for the best possible outcome. We have a deep understanding of Florida's criminal justice system, and we use that knowledge to your advantage.
Common Types of Violent Crimes
Violent crimes are criminal offenses that involve the use of force, threat of force, or harm to another individual. These crimes are considered some of the most serious offenses under the law, and they often carry severe penalties, including imprisonment, fines, and long-lasting consequences for the individuals involved.
Common types of violent crimes in Florida include:
- Assault: Assault involves the intentional threat or attempt to harm another person, even if no actual physical harm occurs. In Florida, simple assault is typically charged as a misdemeanor, while aggravated assault, which involves the use of a deadly weapon or the intent to commit a felony, is a more serious offense.
- Battery: Battery occurs when an individual intentionally touches or strikes another person against their will, causing physical harm or injury. Battery can range from simple battery (a misdemeanor) to aggravated battery, which involves more severe injuries or the use of a weapon, leading to felony charges.
- Aggravated Assault or Battery: These charges involve more severe actions, such as using a deadly weapon or causing severe injuries, which elevate the crime to a felony with more severe consequences.
- Robbery: Robbery is the act of using force, intimidation, or the threat of violence to take someone else's property, money, or belongings. This crime is considered a felony and can lead to significant prison sentences.
- Armed Robbery: Armed robbery combines the elements of robbery with the use of a weapon or firearm, leading to more severe consequences, including mandatory minimum sentences.
- Domestic Violence: Domestic violence encompasses a range of abusive behaviors within familial or domestic relationships. It can include physical violence, emotional abuse, stalking, or threats against a spouse, partner, or family member. Florida has specific laws and penalties for domestic violence cases.
- Sexual Assault: Sexual assault, including rape, involves non-consensual sexual acts or contact with another person. It is considered a violent crime, with serious legal consequences, including mandatory registration as a sex offender.
- Kidnapping: Kidnapping is the unlawful abduction or restraint of another person against their will. This crime often involves a threat of harm and carries significant penalties.
- Carjacking: Carjacking is the violent theft of a vehicle while using force, intimidation, or the threat of violence against the driver or passengers. It is a serious crime in Florida.
- Manslaughter: Manslaughter involves unlawfully causing the death of another person, either due to reckless behavior or in the heat of passion. In Florida, there are two main categories of manslaughter: voluntary manslaughter (intentional killing without premeditation) and involuntary manslaughter (unintentional killing resulting from negligence or recklessness).
- Murder: Murder is the most serious violent crime, involving the intentional and premeditated killing of another person. Florida classifies murder into first-degree murder (premeditated and with specific intent) and second-degree murder (unintentional or without premeditation). First-degree murder can result in life imprisonment or the death penalty.
Common Legal Defenses to Violent Crimes
When facing charges for violent crimes, it's essential to explore potential legal defenses to protect your rights and potentially secure a favorable outcome. The specific defense strategy you can use depends on the circumstances of your case and the charges you are facing.
Here are some common legal defenses to violent crimes:
- Self-Defense: Self-defense is a widely recognized legal defense that allows an individual to use force to protect themselves or others from an imminent threat of physical harm. To successfully claim self-defense, it must be shown that your actions were a reasonable response to a perceived threat, and you did not use excessive force.
- Defense of Others: Similar to self-defense, the defense of others allows individuals to use force to protect someone else from harm. To use this defense effectively, it must be demonstrated that you genuinely believed the other person was in imminent danger, and your actions were a reasonable response.
- Lack of Intent: Many violent crimes require the prosecution to prove that the defendant had the intent to commit the crime. If it can be shown that you did not have the requisite intent, your defense attorney may argue that you should not be held criminally liable.
- Mistaken Identity: Mistaken identity occurs when the prosecution cannot establish beyond a reasonable doubt that you are the person who committed the crime. This can happen when eyewitness testimony is unreliable, and other evidence casts doubt on your involvement.
- Alibi: An alibi defense involves providing evidence that you were in a different location at the time the crime was committed, making it impossible for you to have committed the offense. This can be substantiated with witness statements, surveillance footage, or other forms of evidence.
- Involuntary Intoxication: If you were under the influence of drugs or alcohol involuntarily and it impaired your ability to understand the consequences of your actions, this may be used as a defense. Involuntary intoxication can occur when someone unknowingly ingests a substance or is drugged without their consent.
- Duress or Coercion: If you committed a violent crime because you were threatened with serious harm or death, you may be able to use a defense of duress or coercion. You must demonstrate that you reasonably believed you had no alternative but to commit the crime under extreme pressure.
- Illegal Search and Seizure: If evidence used against you was obtained through an illegal search or seizure, it may be suppressed in court. The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement.
- Chain of Custody and Evidence Reliability: Challenging the reliability and authenticity of evidence presented by the prosecution is another defense strategy. If there are gaps in the chain of custody of the evidence, or if it was mishandled, it may be inadmissible.
- Statute of Limitations: The statute of limitations sets a time limit on how long the prosecution has to bring charges for a particular crime. If the statute of limitations has expired, you may be able to avoid prosecution.
At Hager & Schwartz, P.A., we put our clients at the center of everything we do. We know that facing a violent crime charge can be a traumatic experience, and we're here to guide you through every step of the process.
Our Deltona violent crime attorneys take the time to listen to your side of the story, answer your questions, and ensure you fully understand your legal options. We provide honest, practical advice and work collaboratively with you to build the best defense strategy.
I thoroughly recommend Brett Schwartz as a defense attorney.
“I thoroughly recommend Brett Schwartz as a defense attorney. He worked tirelessly and relentlessly to get my case dropped even before it went to trial. He succeeded, although the odds were heavily stacked against us.”
Should you ever need a defense attorney, he is the person to contact.
“I was referred to Brett Schwartz by a friend facing very serious charges. He was very understanding and also very honest, walked us through the process of what could happen from beginning to end best case scenario and of course worst case scenario.”
If you need help go see Brett!
“We worked with Brett on a domestic violence charge. He was the third lawyer we went to and we FINALLY got the result we desired. His knowledge of the law, the system and straightforwardness are beyond impressive.”