Miami Violent Crimes Attorney
Violent crimes are a subset of criminal offenses that involve violence against another person. Violent crimes can be domestic in nature or random. Specialized detective units are assigned to investigat violent criminal offenses. The following offenses are considered violent crimes and may trigger minimum mandatory sentences:
- Aggravated Assault
- Aggravated Battery
- Aggravated Stalking
- Armed Burglary
- Simple Assault & Simple
- Burglary of a dwelling
- Burglary with Assault or
- False Imprisonment
- Lewd and Lascivious
- Robbery, with a firearm or weapon
- Sexual Battery
The offenses that fall under violent crimes are usually very serious. As a result they are investigated and prosecuted to the fullest extent of the law. Judges tend to show the least leniency when sentencing people convicted of violent offenses. Bond and release conditions are often restrictive for most offenses. Individuals charged with felonies punishable by life, such as armed robbery, armed burglary, sexual battery, lewd and lascivious molestation on a child under 12, sexual battery are routinely denied bond at all
The importance of having an experienced and quality criminal defense attorney cannot be understated. Violent crimes are prosecuted differently and they must be defended differently. Any person accused of a violent crime should contact an experienced attorney immediately and get legal advice.
What is a punishable by life felony?
A punishable by life felony, commonly called a PBL, are certain enumerated offenses that can result in a life sentence if convicted at trial. Burglary with assault or battery, kidnapping, murder, lewd and lascivious molestation on a child under 12, robbery with a firearm or weapon, and sexual battery are all punishable by life felonies. A person charged with one of these enumerated felonies has no bond after arrest and must petition the court for release in an “Arthur” hearing. Bond is rarely granted and these cases can take a while to resolve.
What is VFOSC?
The VFOSC statute, or violent felony offender of special concern statute, is a Florida law that requires a judge to hold an offender without a bond on a probation or community control violation if they are on probation for an enumerated violent felony offense. Typically, VFOSC will apply in all violent felonies. Another component of the VFOSC statute is that a judge is required to sentence an offender to the bottom of their guidelines under the criminal punishment code. That sentence is always a state prison sentence. As bleak as that sounds, Brian Kirlew, Esq. is experienced in VFOSC cases and has effectively mitigated countless probation violations for clients charged under the VFOSC statute.
The 10-20-Life law has become synonymous with the State of Florida for almost 20 years. Signed into law by former Governor Jeb Bush, the 10-20-Life law imposes minimum mandatory sentences on violent felonies that involve the use of a firearm. If a firearm is brandished or displayed in threatening manner during the commission of a felony, the offender faces a minimum mandatory sentence of 10 years. If the firearm is discharged, even a warning shot into the air, the offender faces a minimum mandatory sentence of 20 years in state prison. If someone is seriously injured or killed by a firearm during the commission of a felony, the offender faces a minimum mandatory sentence of 25 years to life in state prison. Only the most experience lawyers can properly represent someone charged under the 10-20-Life law. Brian Kirlew, Esq. has a depth of experience in successfully representing clients charged under the 10-20-Life law.
What should I do if I am accused of a violent crime?
The first thing any person should do if they stand accused of a violent crime is to contact an attorney. If that person is in custody, they should request a lawyer immediately. Do not give a statement to any police officer and do not send out rapid texts or phone calls to family or friends. The phone records of a recently accused or arrested person is routinely searched by the police and introduced as evidence against the accused. Remain calm and don’t panic. Contact a lawyer, even if after hours, and set up a time and place to meet to discuss your case.
Our Firm is able to assist immediately after an accusation or arrest. Our team and investigators will begin obtaining and preserving favorable evidence for our client. We will make sure that your rights are protected and that you are treated fairly by law enforcement and the court system. We will be ready to defend you against any and all charges.