Types of Violent Crimes Punishable by Criminal Laws in Florida
Violent crime is a criminal offense that is committed with the use of force and violence, as the name infers. However, this type of classification can also include a crime that involves the threat of force or violence, even if it wasn't carried out.
The definition of a violent crime is very broad and covers several types of criminal activity, such as:
- Homicide
- Robbery
- Assault
- Battery
- Kidnapping
- Child Abuse
- Conspiracy to Commit a Violent Crime
Prosecution & Penalties for Violent Crimes
Although the penalties for violent crimes may vary depending on the offense, first-degree murder is the only violent crime conviction that is punishable by the death penalty. The second most severe penalties are life sentences and prison terms of more than 30 years.
Murder and Manslaughter
Florida Statute 782.04 defines murder as the unlawful killing of a human being. First-degree murder, which covers premeditated killings and killings committed during listed felonies, is a capital felony punishable by death or life without parole. Second-degree murder is a first-degree felony punishable by up to life in prison, and manslaughter under Florida Statute 782.07 is a second-degree felony carrying up to 15 years. Read more on our Florida murder defense page.
Vehicular Homicide
Florida Statute 782.071 defines vehicular homicide as killing a person, or an unborn child by injury to the mother, through reckless driving likely to cause death or great bodily harm. It is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine, and it becomes a first-degree felony carrying up to 30 years if the driver knew or should have known a crash occurred and failed to stop and render aid. See our vehicular homicide defense page.
Robbery
Under Florida Statute 812.13, robbery is taking money or property from a person by force, violence, assault, or putting in fear. Unarmed robbery is a second-degree felony carrying up to 15 years. Robbery with a firearm or other deadly weapon is a first-degree felony punishable by up to life, and a firearm triggers Florida's 10-20-Life mandatory minimums. Home-invasion robbery and carjacking are charged under their own statutes.
Assault and Aggravated Assault
Florida Statute 784.011 defines assault as an intentional, unlawful threat by word or act to do violence, with the apparent ability to carry it out, that creates a well-founded fear the violence is imminent. Simple assault is a second-degree misdemeanor punishable by up to 60 days in county jail and a $500 fine. Aggravated assault, an assault with a deadly weapon or with intent to commit a felony, is a third-degree felony carrying up to 5 years in prison.
What "Assault with a Deadly Weapon" Means in Florida
A deadly weapon is not limited to objects designed to kill. The exact test depends on the offense charged and the jury instruction that goes with it, but Florida courts generally ask whether the object was used, or threatened to be used, in a way likely to produce death or great bodily harm. A rock, a bottle, a bat, or a car can all qualify depending on how it was used, which is why the weapon element is often the center of an aggravated assault defense.
Battery, Felony Battery, and Aggravated Battery
Simple battery under Florida Statute 784.03 is intentionally touching or striking someone against their will, or intentionally causing bodily harm. It is a first-degree misdemeanor punishable by up to one year in jail, and a prior battery conviction raises a new charge to a third-degree felony. Felony battery under Florida Statute 784.041 covers battery that causes great bodily harm, permanent disability, or permanent disfigurement, and is a third-degree felony carrying up to 5 years. Aggravated battery under Florida Statute 784.045, which involves a deadly weapon, great bodily harm caused intentionally, or a victim the offender knew was pregnant, is a second-degree felony carrying up to 15 years.
Kidnapping and False Imprisonment
Kidnapping under Florida Statute 787.01 is forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will for one of the purposes listed in the statute, such as holding for ransom, committing a felony, or terrorizing the victim. It is a first-degree felony punishable by up to life in prison. Kidnapping a child under 13 that also involves a listed offense, such as sexual battery or aggravated child abuse, is a life felony. False imprisonment under Florida Statute 787.02 is the same restraint without those listed purposes. It is a third-degree felony carrying up to 5 years, rising to a first-degree felony punishable by up to life in prison when the victim is a child under 13 and a listed offense is involved. Arguments between partners that end with one person blocking a door or taking the other's phone are charged as false imprisonment more often than people expect.
Child Abuse
Florida Statute 827.03 defines child abuse as intentionally inflicting physical or mental injury on a child, or an intentional act, or encouragement of an act, that could reasonably be expected to cause injury. Child abuse is a third-degree felony, child neglect is a third-degree felony that rises to a second-degree felony when it causes great bodily harm, and aggravated child abuse is a first-degree felony carrying up to 30 years. Read more on our child endangerment charges page.
Domestic Violence and Sexual Battery
Many violent-crime charges arise inside a household. When the accused and the alleged victim are family or household members, the case is prosecuted as domestic violence, which can bring added consequences, such as a court-ordered batterers' intervention program and limits on withholding adjudication, depending on the offense and how the case is resolved. Sexual battery under Florida Statute 794.011 is charged by degree based on the ages involved and the force used, from a second-degree felony up to a capital felony.
Carjacking
Florida Statute 812.133 defines carjacking as taking a motor vehicle from a person by force, violence, assault, or putting in fear. It is a first-degree felony carrying up to 30 years in prison, and carjacking with a firearm or other deadly weapon is punishable by up to life. When the State charges and proves a firearm, Florida's 10-20-Life law (Fla. Stat. § 775.087(2)) imposes mandatory minimums that must be served before any gain-time or early release:
- 10 years for actually possessing a firearm during the carjacking
- 20 years if the firearm was discharged
- 25 years to life if the discharge caused death or great bodily harm
