Your case deserves the expertise of a relentless criminal defense attorney who will conquer your case and bring you to your legal destination. Time is of the essence with criminal matters. Communication and interactions you may have had at certain places or with various individuals could make or break your case. Contact 954-888-8833 today to schedule a free case evaluation.
Murder
First Degree:
Florida Statute Section 782.04 defines First Degree Murder as an unlawful killing that is both intentional and premeditated, meaning that the murderer intended to cause the death and had time, even if brief, to contemplate the act. This category also includes deaths that occur during the commission of certain felonies such as burglary, arson, kidnapping, or sexual battery, regardless of premeditation, in a principle known as “felony murder.” First degree murder is the most serious of homicide crimes, and Florida law provides for two possible penalties upon conviction: life imprisonment without the possibility of parole or death. It is important to note that the decision between these two penalties often involves complex legal arguments and processes.
Second Degree:
Under Florida law (Statute Section 782.04), Second Degree Murder occurs when an individual is killed, without premeditation, but as a result of an act intended to cause serious bodily harm or an act demonstrating a depraved indifference to human life. This charge may also apply in a felony murder case when the defendant was an accomplice to a felony during which a death occurred but was not the person who actually committed the killing. A conviction for second degree murder in Florida can lead to a sentence of up to life in prison, although unlike first degree murder, the death penalty is not an option.
Attempted Murder
Attempted Murder in Florida, as detailed in Florida Statute Section 782.051, occurs when an individual intentionally performs an act that could result in the death of another person, but does not actually result in death, either because the act did not accomplish its intended lethal result, or the act was interrupted or prevented. To prove attempted murder, the prosecution must show that the accused had a specific intent to kill and took overt actions towards that end.
Attempted murder is categorized in two degrees in Florida: First Degree Attempted Murder involves premeditation, meaning the accused thought out and planned to commit the act beforehand. Second Degree Attempted Murder, on the other hand, doesn’t require premeditation but does require that the act was imminently dangerous and demonstrated a depraved indifference to human life.
Penalties for attempted murder can be severe in Florida. The degree of the charge plays a significant role in determining the potential sentencing. First-degree attempted murder can lead to a life sentence, while second-degree attempted murder is generally punishable by a term of years up to life in prison.
Manslaughter
Manslaughter in Florida, according to Florida Statute Section 782.07, is defined as the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification or excuse, and without any intent to cause death. The key distinguishing factor between manslaughter and murder is that manslaughter lacks the premeditation or intent typically associated with murder charges.
There are two primary types of manslaughter under Florida law: voluntary and involuntary. Voluntary manslaughter, sometimes referred to as a “heat of passion” crime, involves an intentional act that leads to death but occurs in a moment of emotional stress or provocation. Involuntary manslaughter, on the other hand, involves an unintentional death resulting from recklessness or criminal negligence.
The penalties for Manslaughter convictions can have a profound impact on your life. In Florida, manslaughter is generally considered a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine. However, under certain circumstances, such as in the case of aggravated manslaughter of an elderly person or child, or of an officer or a firefighter, the charge may be escalated to a first-degree felony, with penalties increasing accordingly.
Our experienced attorneys will meticulously analyze the evidence, challenge the prosecution’s case, and explore all available legal options to achieve the best possible outcome for you. We are dedicated to providing you with personalized attention, guidance, and zealous representation throughout the legal process. Contact our law firm today to schedule a confidential consultation. We are here to protect your rights and fight for your future.
Felony Murder
In Florida, under Section 782.04(1)(a)(2) of the Florida Statutes, Felony Murder is a severe and distinct type of homicide. The statute describes Felony Murder as a death that occurs during the commission or attempted commission of certain enumerated felonies, irrespective of whether the accused directly caused the fatality or intended for the death to occur. The specified felonies that can trigger a Felony Murder charge include, but are not limited to, crimes such as arson, sexual battery, robbery, burglary, kidnapping, aggravated child abuse, and carjacking, among others.
Notably, Felony Murder does not necessitate the usual proof of intent to kill or premeditation, which are essential elements in other forms of murder. The rationale behind this rule is that specific felonies are inherently dangerous to the extent that it’s logical to hold the person accountable for any resultant death, even if it was unintended.
Felony Murder in Florida is categorized as a capital felony, meaning that it is punishable by death or life imprisonment without the possibility of parole. Whether the prosecution will seek the death penalty or not depends on several factors, including the nature of the underlying felony, the defendant’s role in it, and the presence of any aggravating or mitigating circumstances. If you or someone you know is facing felony murder charges in Florida, it is imperative to seek legal representation as soon as possible. Don’t face these charges alone. Contact our experienced criminal defense team today to discuss your case. We are dedicated to protecting your rights, mounting a vigorous defense, and seeking the best possible outcome on your behalf. Your future is at stake, and this law firm is here to fight for you.
Assault & Battery:
Assault:
In Florida, under Section 784.011 of the Florida Statutes, Assault is defined as an intentional, unlawful threat by word or act to commit violence against another person, coupled with an apparent ability to do so, and creating a well-founded fear in such other person that violence is imminent. Therefore, an assault doesn’t necessarily involve any physical contact but is merely the threat of harm. Florida considers simple assault a second-degree misdemeanor, punishable by up to 60 days in jail and a fine up to $500. However, the severity of the charge can escalate to an aggravated assault – a third-degree felony, if it involves a deadly weapon without intent to kill or with an intent to commit a felony.
Battery:
Battery (Florida Statute 784.03) is a criminal offense that involves intentionally touching or striking another person against their will or causing them bodily harm. It is a serious charge with varying degrees of severity, depending on the circumstances and the extent of the harm caused.
Misdemeanor battery, under Florida Statute 784.03(1)(a), pertains to cases where the battery does not result in great bodily harm or involve the use of a deadly weapon. Misdemeanor battery is a first-degree misdemeanor, punishable by up to one year in county jail, fines, probation, mandatory anger management classes, and community service.
Felony battery, governed by Florida Statute 784.041, encompasses more severe acts of violence. There are two levels of felony battery:
If you are facing charges of battery in Florida, it is crucial to seek the guidance of an experienced criminal defense attorney who can navigate the complexities of the law, protect your rights, and build a robust defense strategy tailored to your case. Our law firm is dedicated to vigorously fighting for your rights and best interests. Contact 954-888-8833 for a confidential consultation.
Domestic Violence
Under Florida Statute 784.03, Domestic Violence Battery is a serious criminal offense that occurs when an individual intentionally causes physical harm or injury to a family or household member against their will. At Natalie Lopez Attorney at Law, P.A., due to years of experience being assigned to domestic violence courtrooms, we understand the gravity of domestic violence cases and the importance of providing effective legal representation to those accused of such offenses. We know how to navigate through these courts.
Crimes falling under the Domestic Violence category encompass a wide range of offenses such as assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any other criminal offense that results in physical injury or death to the victim. These offenses carry greater weight due to the inherent trust and close nature of the relationships involved, which make the victims particularly vulnerable.
If convicted of Domestic Violence in Florida, defendants are subject to severe penalties. These can include imprisonment, hefty fines, probation, and in particular a mandatory minimum of one year of probation, along with a Batterers Intervention Program as a condition of probation. Furthermore, defendants are required to complete community service hours and lose their rights to possess a firearm.
You need an attorney with an in-depth knowledge of the intricacies of domestic violence cases who will guide you through the legal process, ensure your voice is heard and your interests are vigorously represented. We are dedicated to protecting your rights and providing a strong defense strategy tailored to your unique situation. With our unwavering support, we will work tirelessly to achieve the best possible outcome for your case, striving to mitigate the consequences you may face.
Battery LEO/Facility Employees
Under Florida Statute 784.07, Battery on Law Enforcement Officers and Facility Employees is a serious offense that involves intentionally touching or striking a law enforcement officer, correctional officer, firefighter, emergency medical care provider, or other specified facility employees against their will. This statute is designed to protect those who are routinely put in harm’s way in order to safeguard the community.
Battery on Law Enforcement Officers and Facility Employees is considered a third-degree felony in Florida. If convicted, you may face severe penalties, including imprisonment for up to five years and fines of up to $5,000. It’s important to note that these penalties can be enhanced if the battery causes serious bodily injury, permanent disability, or disfigurement, or involves the use of a deadly weapon.
At Natalie Lopez Attorney at Law, P.A., we understand the complexities of cases involving Battery on Law Enforcement Officers and Facility Employees. If you have been charged with Battery on Law Enforcement Officers or Facility Employees, it is crucial to seek immediate legal representation. Prepare to conquer your case by contacting 954-888-8833 today for a confidential consultation. This law firm will provide you with the strong defense you deserve and guide you through every step of the legal process.
Battery on the Elderly
Battery on the elderly refers to the act of committing battery against a person who is 65 years of age or older under section 784.08 of the Florida Statutes. This offense is treated with heightened seriousness due to the vulnerability and potential harm that elderly individuals may face. Florida law recognizes the need for increased protection and severe consequences when a person targets and victimizes the elderly through acts of battery.
Under Section 784.08, battery on the elderly is enhanced as follows:
However, it is important to note that the penalties for battery on the elderly can increase if certain aggravating factors are present. Aggravated battery offenses involve more serious harm or injuries inflicted on elderly victims and can result in felony charges, leading to more severe penalties. Restitution to the victim along with courses such as anger management or counseling programs may be demanded as part of your sentence. It is essential to take these charges seriously and seek experienced legal counsel to protect your rights and fight for the best possible outcome. The experienced attorneys at this firm can assess the details of your case, build a strong defense strategy, and advocate for your rights and best interests throughout the legal process.
If you are facing allegations of Battery on the Elderly, do not hesitate to contact us for a confidential consultation. Our compassionate legal team at Natalie Lopez Attorney at Law, P.A. is here to provide you with the guidance, support, and aggressive defense you need.
Kidnapping
In the state of Florida, the crime of Kidnapping is governed by Florida Statute 787.01. This statute defines kidnapping as the act of forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will. One significant element of Florida’s kidnapping law is that it also encompasses instances of child abduction. This includes cases where the offender is a parent or other family member, which are often known as familial kidnappings.
The crime of kidnapping is classified as a first-degree felony under Florida law. This means that if convicted, individuals can face severe penalties, including substantial fines and extensive prison sentences. In certain circumstances, such as if the kidnapped individual is a child under 13 years of age and the offender commits aggravated child abuse, sexual battery, or other egregious acts, the offender can be charged with a life felony. The specific consequences depend on various factors, including the circumstances of the case, any aggravating elements, and the use of weapons. If convicted, you may face substantial prison sentences, ranging from a minimum of 25 years to life imprisonment without the possibility of parole. It is crucial to have a skilled criminal defense attorney who will vigorously defend your rights and construct a comprehensive defense strategy.
Our experienced attorneys at Natalie Lopez Attorney at Law, P.A. have a proven track record of successfully defending clients facing kidnapping charges. We will thoroughly analyze the evidence, challenge the prosecution’s case, and explore all available legal avenues to ensure the best possible outcome for you. We possess in-depth knowledge of Florida’s kidnapping laws and will relentlessly fight to protect your rights throughout the legal proceedings.
If you are facing kidnapping charges, it is vital to seek immediate legal representation. Contact Natalie Lopez Attorney at Law, P.A. for a confidential consultation. Our dedicated legal team will provide you with steadfast guidance, unwavering support, and a resolute defense to navigate this challenging situation.
False Imprisonment
False Imprisonment, as described in Florida Statute 787.02, is a crime committed when a person forcibly, secretly, or by threat confines, abducts, imprisons, or restrains another person against their will. The law focuses on the aspect of deprivation of personal liberty or freedom of locomotion, essentially creating a situation where the victim cannot move freely.
A vital distinction from kidnapping, the intent of false imprisonment does not include holding a person for ransom or reward, or as a shield or hostage. It also doesn’t concern facilitating the commission of a felony or inflicting harm or terrorizing the victim or another person.
False imprisonment can be classified as a felony in varying degrees, depending on the specific circumstances of the case. Generally though, false imprisonment is considered a second-degree felony. Individuals convicted of this crime could face up to five years in prison, five years of probation, and fines up to $5,000. However, if the false imprisonment involves a child under the age of 13, and the offender committed aggravated child abuse, sexual battery, or other lewd or lascivious offenses, it can be reclassified as a life felony, which carries more significant penalties.
Understanding the legal intricacies of false imprisonment can be challenging. If you are facing False Imprisonment charges, it is crucial to seek immediate legal representation from the experienced criminal defense attorneys at Natalie Lopez Attorney at Law, P.A. Our firm has a proven track record of successfully defending clients against False Imprisonment allegations. You case will be meticulously analyzed, and a strong defense strategy will be tailored to your unique circumstances. For a confidential consultation to discuss your case, contact our law firm at 954-888-8833.
Stalking
Stalking, as defined by Florida Statute 784.048, occurs when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and involves a pattern of unwanted and repeated behavior. To be considered harassment, the behavior must cause substantial emotional distress in the victim and serve no legitimate purpose. Florida’s stalking laws also cover cyberstalking, which includes the use of electronic communication to cause substantial emotional distress to the person receiving the communication and serves no valid purpose.
The state of Florida takes accusations of stalking very seriously. It is classified as a first-degree misdemeanor, with penalties including up to one year in jail, one year of probation, and fines up to $1,000. However, the crime escalates to aggravated stalking, a third-degree felony, under certain circumstances such as , such as when there are aggravated factors involved or when the accused has a prior conviction for stalking. These situations can also include if the accused made a credible threat of harm, the victim is a minor, or the offense was committed in violation of an injunction or restraining order. If convicted of aggravated stalking, an individual can face up to five years in prison, five years of probation, and fines up to $5,000.
At Natalie Lopez Attorney at Law, P.A., we will diligently investigate the details of your case, challenge the prosecution’s evidence, and develop a strategic defense tailored to your specific circumstances. Our goal is to protect your rights, navigate the legal complexities, and achieve the best possible outcome. If you’re accused of stalking or aggravated stalking, reach out to a knowledgeable attorney who can provide valuable insight and provide you with comprehensive legal guidance, support, and advocacy throughout the entire legal process.
