Your future is on the line when you face a violent crime conviction in Tampa. You could spend years in prison, pay a steep fine, and lose everything you worked to achieve. Even a misdemeanor conviction on your record could mean the loss of your gun rights, difficulty finding a job or housing, and other serious consequences.
Are you facing violent crime charges? Contact experienced the Tampa violent crime attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A. Call (813) 258-4800 for a free consultation.
Why Choose Our Tampa Violent Crime Lawyers?
A violent crime will look worse on your record than many other types of offenses. The best thing you can do if you are accused of a violent crime is to contact an experienced defense attorney right away. We will aggressively defend your charge at all stages of the proceedings.
Our Process for Beating Violent Crime Charges in Tampa
Initial Consultation
The first consultation is your opportunity to ask questions, understand the charges and potential sentences, and learn about your defense attorney’s experience. There is no charge or commitment for your initial consultation.
Should you hire our firm, a violent crimes lawyer in Tampa will be with you throughout the process, beginning with your arraignment.
Arraignment
Your arraignment is your first court appearance in which you are formally charged. The court reads the charge against you during this proceeding, and your attorney enters a plea on your behalf.
You may plead guilty, not guilty, or no contest. We strongly urge our clients to plead not guilty. Our firm can enter a not guilty plea in writing before your arraignment, saving you a trip to the courthouse.
Demand for Discovery
Your attorney will file a demand for discovery with the court clerk and send a copy to the prosecuting attorney’s office. The state must provide all evidence they intend to use against you and any evidence that is exculpatory, or anything that could help your case.
Depositions
Depositions allow us to question the prosecution’s witnesses under oath. Do not underestimate the importance of this process. Our firm will strategically plan our questioning to develop sworn testimony helpful to your defense.
Pre-Trial Motions
We will file any necessary pre-trial motions on your behalf, such as motions to suppress to exclude evidence. We will also negotiate with the prosecution. You can obtain a good outcome by agreeing to plead guilty to a lesser charge in many cases.
Trial
If you do not wish to plead guilty, we will aggressively defend your rights at a jury trial. We are skilled trial criminal lawyer in Tampa who are comfortable in court. Our courtroom experience is a significant advantage for our clients.
Post-Conviction Appeal
If convicted of a crime, you have a right to file an appeal to challenge the ruling. You must file an appeal within the deadline.
What Is a Violent Crime?
In Florida, a violent crime involves using unlawful force, threat, or attempt to use illegal force against another individual. A person must intend to use force or cause an injury, and in most violent crimes, to use this force knowingly. You must understand that your actions will cause harm or fear of injury. Some violent offenses involve reckless disregard.
Types of Violent Crime Charges We Handle in Tampa
Our law firm handles all types of violent crime defense including:
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Penalties for a Violent Crime Conviction in Tampa
Penalties for violent crimes include prison, fines, community service, and more. Violent crime offenders in Florida pay restitution, or compensation, to victims for losses related to the crime. Florida also has a three strikes law which can impose mandatory minimums for some violent crime convictions.
Punishments for violent crimes depend on several factors, including:
Age and status of the victim (police officer, firefighter, or first responder)
Reclassification of Violent Crimes
Violent crimes against a firefighter, police officer, or emergency medical provider result in an enhanced sentence.
You must “knowingly” commit a violent crime against one of these types of victims to be found guilty of an enhanced crime based on victim status. However, you might not know that the victim is a police officer if they are undercover. The state must prove that you were unaware of the officer’s true identity.
Misdemeanor vs. Felony Violent Crimes
A misdemeanor charge is less severe than a felony. Depending on the type of crime and the charge level, you could still have a criminal record. Additional penalties might include registering as a sexual predator if convicted of a sex crime.
Aggravated Crimes
An aggravated violent charge involves more serious conduct because the crime involved a deadly weapon or occurred during the commission of another felony. For example, a robbery committed with a deadly weapon rather than a verbal threat is an aggravated charge.
Collateral Consequences of Violent Crime Convictions
Violent crime convictions usually include prison, fines, probation, community service, or a combination. However, there are additional consequences that could follow you throughout your life.
Expungement – removing your criminal record from public searches – is possible for some crimes. A violent crimes lawyer in Tampa can determine if you are eligible for expungement.
Employment Issues
Violent crimes appear on an employer’s background check. You might find it tough to get specific jobs or retain your professional licenses.
Immigration Issues
A violent crime conviction could affect your immigration status and lead to deportation. If you are not a naturalized citizen or entered the country illegally, tell your attorney. You could retain or earn citizenship despite being a former offender.
Child Custody and Divorce
Being convicted of a violent crime will almost certainly play a role in a child custody determination, especially if any minor children were present during the commission of the crime. Unfortunately, sometimes a parent makes false allegations of abuse or violence to gain an advantage in a custody battle.
Gun Rights
Conviction of a violent crime can affect your right to carry or own a gun, even for home defense. Florida law prohibits a felon from possessing a firearm. A violent misdemeanor conviction could mean losing your concealed carry permit and your ineligibility to apply for such a license.
Housing
Your housing situation could be affected since many landlords run background checks as part of their screening process. A violent crime conviction could restrict you from qualifying for government housing assistance and other state benefits.
Defending Against Tampa Violent Crime Charges
We will carefully review the evidence in your case and develop the best defense under the circumstances based on all the facts. You have the right to a jury trial and a vigorous defense.
What Defenses Can Be Used for Violent Crime Charges?
The most common defenses to a violent crime charge include lack of evidence, non-cooperation of prosecution witnesses, the impeachment of witness credibility, and self-defense.
Self Defense
Self-defense is a common defense. A person may use force to defend themselves, another person, or property. Deadly force may only be used when necessary, such as when the alleged victim has threatened you or another person with deadly force.
Misconceptions About Self-Defense
A common misconception about self-defense is that you may use whatever force is necessary to defend yourself if a person hits you first. Deadly force may only be used to prevent death or great bodily harm to yourself or another person or to prevent the commission of a serious felony.
Florida’s ‘Stand Your Ground’ Law
In some states, you must retreat if you can do so without using force to defend yourself safely. Florida’s “stand your ground” law can bolster a claim of self-defense because you are not required to retreat once a person has threatened to use unlawful force against you.
However, using “stand your ground” as a defense requires that you:
Are not engaged in criminal activity
Did not instigate the altercation, and
Were in a location where you were lawfully entitled to be
How Can I Avoid a Violent Crime Conviction in Tampa?
If the prosecution cannot prove all the elements of your case, you may be found not guilty. The state must prove beyond a reasonable doubt that you committed the crime. A Tampa violent crime lawyer looks for weaknesses and inconsistencies to raise reasonable doubt.
One of the most effective ways to avoid a violent crime conviction is hiring a criminal lawyer in Tampa with a deep understanding of these cases. Our attorneys have secured many legal victories for clients accused of violent crimes.
Tampa Violent Crime FAQ
Being charged with a violent crime is a serious offense. Below are some of the most commonly asked questions about violent crimes and their charges in Florida.
Please contact our office if you have more questions or schedule a consultation about your case.
What Should I Do if Accused of a Violent Crime?
The very first thing you should do is contact a criminal defense lawyer to represent you. Once you have legal representation, you can take steps to work on your defense strategy. This might mean gathering any evidence helpful to your case and analyzing the evidence the state claims to have against you. The consequences of a violent crime conviction are harsh. The worst thing you can do after being accused of a violent crime is to do nothing.
Should I Talk to the Police?
Please don’t say anything to law enforcement or answer their questions without an attorney present. Anything that you say can be used against you at trial. As soon as you know that you’re a suspect in a violent crime, get an experienced criminal defense lawyer on your side.
Once you’ve retained legal representation, we can further discuss handling the charges against you, whether a plea agreement with the state or aggressively defending your innocence at trial.
What Happens If I’m Falsely Accused of a Violent Crime?
Law enforcement will investigate allegations even if they turn out to be false. Talk to a Tampa violent crimes lawyer instead of repeating that you are innocent or trying to get the alleged victim to retract their statement. Our legal team can analyze the charges against you and work toward clearing your name.
Will I Go to Prison If I’m Found Guilty of a Violent Crime?
Violent crimes carry severe penalties. You could be facing decades or even life in prison. You may or may not be eligible for parole. It all depends on the type of violent crime you have been charged with, whether you have a history of violent crime convictions, and other factors.
You must have a plausible and compelling defense ready to explain to the judge and jury so you can avoid these devastating penalties.
Can I Get a Violent Crime Conviction Expunged in Florida?
Although many different crimes are eligible for expungement in Florida, most violent crimes are considered felonies, which do not qualify for expungement. Suppose you have a previous conviction for a misdemeanor violent crime that isn’t domestic violence. In that case, you may be eligible to have your record sealed or expunged.
You can contact our office to learn more about whether you qualify and what you have to do to get your petition granted.
Call A Violent Crime Lawyer in Tampa Today
If you are accused of a violent crime, speak to a Tampa violent crime attorney right away. Even if you are innocent, you need a skilled skilled defense attorney to protect your rights. Metcalf Falls, Criminal Defense Attorneys, P.A., has handled many different types of violent offenses successfully.
Don’t ever plead guilty without consulting a defense attorney in Tampa– we may find a way to clear your name of the charges against you.
Call today at (813) 258-4800 to schedule a free consultation. Or fill out our quick contact form, and we will contact you.
