Criminal charges involving violence are among the most harshly penalized offenses in Florida. When you are suspected of physically harming or killing another person, particularly with a firearm, you may be in jeopardy of spending the rest of your life in prison or even receiving the death penalty.

If you’re charged with a violent crime, you could be facing lifelong consequences. Finding an experienced criminal defense attorney to help you clear your name is critical. Sarasota violent crimes defense lawyer Erika Valcarcel knows what effects a violent crime accusation or conviction can have. She’s ready to hear
your case and get started on a defense to help you.

What are Violent Crimes in Florida?

The term “violent crime” can refer to a number of different types of Florida criminal offenses. Any of them are very serious legal matters and require the help of an experienced Sarasota criminal defense lawyer like Erika Valcarcel to protect your rights and future.

Attorney Valcarcel has a track record of success that includes handling a wide range of misdemeanor and felony cases. She is prepared to build a strong defense for your violent crime charges.

Murder

Murder is the unlawful killing of another human being. It’s a very serious felony crime in Florida, with some of the most extreme punishments allowed under the law. You could be charged with first-, second-, or third-degree murder.

Felony Murder

Felony murder occurs when someone is killed during the commission of certain felonies, such as rape or burglary. This offense is treated very harshly in Florida, even carrying the possibility of the death penalty.

Manslaughter

In contrast to murder, manslaughter charges in Florida result from the unlawful taking of life without intent or malice aforethought.

Justifiable Homicide

Sometimes people are charged with manslaughter and other homicides when they were merely acting in self-defense, or trying to stop someone from committing a very serious crime. There are some situations that justify the killing of another person which is considered justifiable homicide.

Assault & Battery

Assault and battery are separate criminal offenses, although they often may be charged together. Assault and battery can be either misdemeanor or felony offenses, depending on the circumstances of the alleged crime.

Aggravated Assault & Battery

When certain aggravating factors exist, assault and battery charges can rise to an even more severe level with heightened penalties. Aggravated assault and battery crimes are charged as felonies.

Child Abuse & Neglect

The acts that qualify as child abuse and neglect are numerous, meaning that almost any situation in which a child is harmed could lead to a criminal charge. You could be charged with a third-, second-, or first-degree felony.

Domestic Violence

Florida defines domestic violence as certain types of violent acts committed against a household or family member.

Restraining Orders

Restraining orders are meant to protect individuals from harm. They can, however, make those accused face harsh and unfair consequences and restrictions in terms of where they can live, travel, and simply go for a walk.

Violent Crimes Topics
The Florida Bar 1950, badge
Florida association of criminal defense lawyers badge

Penalties for Violent Crimes in Florida

Violent crimes are taken very seriously by the justice system in Florida. You could be facing years in prison, hefty fines, extensive probation, and other consequences, depending on the severity of your charges and the success of your defense attorney. The penalties for violent crimes include:

  • A jail or prison sentence — up to life for some offenses
  • A death sentence in very serious cases
  • Expensive criminal fines and court fees
  • House arrest or probation requiring monthly reporting, community service work, and classes
  • A permanent felony record and the stigma of being branded a violent offender
  • Loss of custody of your children or your visitation rights
  • Loss or denial of a professional license to work in your chosen career
  • Loss of your immigration visa or green card, denial of your citizenship application, or deportation if you’re a non-citizen

Possible Defense Options for Florida Violent Crimes

It’s important to know that even if you’ve been charged with a violent crime, it’s not a foregone conclusion that you’ll be convicted. With the help of a dedicated Sarasota violent crimes lawyer, you may be able to be found not guilty, get your charge dismissed, or get your penalties reduced. A good defense lawyer can help you put your charge behind you and move forward with your life.

Florida criminal defense attorney Erika Valcarcel has the experience and dedication to help with your Sarasota criminal charges. She has extensive trial experience that includes handling thousands of cases as a prosecutor in Manatee and Sarasota counties prior to becoming a defense lawyer. Her history gives her a valuable perspective on all sides of a criminal case and how to make the best possible arguments in your defense.

"Valcarcel is the best you will find."

Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services.

Google Reviews logo

Joni A.

FAQs about Florida Violent Crimes

What Should I Do Right After Being Arrested for a Violent Crime in Florida?

You should remain silent and request a lawyer immediately. Anything you say can be used against you later. Avoid talking about your case with police, family, or online. Contacting an experienced violent crimes defense attorney right away ensures that your rights are protected from the start.

How Does Florida Classify “Violent Crimes”?

Florida considers any offense involving physical harm, the threat of harm, or the use of a weapon to be a violent crime. This includes murder, manslaughter, assault, battery, domestic violence, and child abuse. Even if no one was seriously injured, the charge can still be treated as violent under state law.

Can I Be Charged with a Violent Crime Even If I Didn’t Hurt Anyone?

Yes. Florida law allows prosecutors to pursue violent crime charges based on intent or threats alone. For example, pointing a weapon or threatening someone with serious harm can lead to an aggravated assault charge — even if no physical injury occurred.

What Are “Aggravating Factors” in a Violent Crime Case?

Aggravating factors are circumstances that increase the severity of your charges or penalties. Examples include using a firearm, committing the offense in front of a child, targeting a vulnerable victim, or having prior convictions. Your attorney can challenge these factors to help reduce sentencing exposure.

How Do Prosecutors Typically Build a Violent Crime Case?

Prosecutors rely on police reports, witness testimony, surveillance footage, physical evidence, and sometimes digital data such as texts or GPS records. An effective defense strategy involves scrutinizing how that evidence was collected, questioning its reliability, and exposing inconsistencies in the state’s version of events.

What Happens If the Alleged Victim No Longer Wants to Press Charges?

In Florida, the decision to proceed with a violent crime case rests with the prosecutor, not the victim. Even if the alleged victim withdraws their complaint, the state may still pursue charges. However, a cooperative or recanting witness can strengthen your defense during negotiations.

Can Self-Defense Be Used Against All Types of Violent Crime Charges?

Self-defense can apply in many violent crime cases, including assault, battery, and homicide, as long as the force used was reasonable and proportional to the threat. Your lawyer will assess whether Florida’s “Stand Your Ground” or traditional self-defense laws can support your case.

What Are the Long-Term Consequences of a Violent Crime Conviction?

A conviction can result in a permanent felony record, loss of civil rights such as voting and firearm ownership, employment barriers, and immigration consequences for non-citizens. It can also affect custody, housing, and professional licensing. That’s why it’s vital to fight the charges from the beginning.

Can Violent Crime Charges Ever Be Expunged or Sealed in Florida?

Generally, convictions for violent crimes cannot be expunged or sealed under Florida law. However, if your case was dismissed, you were acquitted, or the charges were dropped, you may qualify for record sealing. Your attorney can evaluate whether you’re eligible and help with the application process.

How Can Hiring a Former Prosecutor Help My Defense?

A defense lawyer with prosecutorial experience understands how the state builds its case, including evidence weaknesses, plea tactics, and how to challenge witness credibility. This insight can make a significant difference in securing a reduced sentence or a full dismissal.

Contact an Experienced Sarasota Violent Crimes Lawyer

If you’ve been charged with a violent crime in Sarasota or Manatee counties, contact Erika Valcarcel for compassionate and aggressive criminal defense. She understands how devastating a serious criminal charge in Florida can be and will fight to get the best possible result for your case.

Attorney Erika Valcarcel has extensive knowledge of the local criminal courts that mean she understands all facets of how criminal cases work in Sarasota and Manatee counties. Let Erika Valcarcel put her experience to work on your behalf. Call us at (941) 363-7900 or use the online contact form to schedule your consultation today.