What is Considered a Violent Crime?
Posted on March 19, 2019 1:00 PM EST
The courts take violent crimes seriously. When someone is charged with a violent crime and they go to court, it takes a strong criminal defense lawyer to handle the case. Before a trial begins, a criminal defense lawyer may try to get a plea bargain to obtain a lesser offense for their client. What is considered a violent crime? You may be surprised to find out what crimes qualify as violent crimes. Murder is a violent crime, but other crimes that can fall into the violent crime category include manslaughter, assault, rape and other sexual assault charges, robbery (especially if there is a weapon, or even the threat of a weapon, involved, negligence (resulting in harm to victim), child endangerment, kidnapping, and a large group of other crimes that involve some level of violence. Like many legal situations, the laws can vary from one state to another. A criminal defense lawyer can help you when you are charged with a violent crime, whether it is to get you acquitted or secure a lesser charge or sentence.
As far as the Federal Bureau of Investigation is concerned, violent crime is composed of four offenses. These include murder (homicide), non-negligent manslaughter, forcible rape, robbery, and aggravated assault. These components are generally considered to be violent crimes regardless of the state in which they occur. Violent crimes can also be defined as crimes that involve a victim. In almost all of these cases, a victim feels the threat of violence even if an actual "act of violence" doesn't occur.
As we mentioned above, murder is obvious. Someone is dead, killed by someone else. The death is a result of criminal action. Someone is guilty of that violent crime. That's the end of the "straightforward" definition. Homicide and even manslaughter charges fall under many different levels of severity and with different extenuating circumstances. These circumstances can greatly affect whether or not someone is convicted of a violent crime, to what degree, and what the sentence will be if there is a conviction. Manslaughter, for instance, carries less jail time than first-degree murder. Pre-meditated murder will likely carry a greater sentence than a sudden crime of passion resulting in murder. There is nothing cut and dry about violent crimes and the prosecution of such crimes. In the case of a crime like murder, even if the defendant is convicted, there is still the question of whether or not there will be a death penalty (in states where capital punishment exists). This is why it is so important to find a criminal defense lawyer that you can trust if you are charged with a violent crime.
While not every sex crime appears on the surface to be violent, even a crime such as indecent exposure can typically be charged as a violent crime. Sex crimes are considered violent because there is injury, both physical and emotional, and the result is an assault charge. Both rape and sexual assault are violent crimes. They are also felonies that can result in many years behind bars.
Kidnapping, robbery, assault and battery, and domestic violence are violent crimes as well, although to what extent depends upon the circumstances of the crime. Any of these crimes committed with weapons and the threat of bodily harm are considered violent and can be more severe than crimes of this nature that aren't committed with a weapon. Again, this is where there is a great deal of variables that can affect the outcome of a trial. A criminal defense attorney has a lot of work to do in preparing a defense for a violent crime. Whether a client is innocent and needs to be cleared or guilty, but to a lesser degree, it is the job of a criminal defense lawyer to provide the best outcome for the client. A good criminal defense lawyer can quickly assess your legal situation, investigate and plan for outcome options, and fight to get you acquitted or a lesser sentence, depending upon the situation.
If you are in need of Miami Criminal defense lawyers
because you have been charged with a violent crime, let the professional team of Donet, McMillan & Trontz, P.A. handle your case. We are proud of the outstanding representation we give our clients. We always provide trusted legal counsel to clients from all walks of life and we are pleased to say that we have obtained favorable results for a wide array of clients, regardless of the charges against them. We offer free consultation and have decades of experience in defending criminal cases of all types. We can help you navigate the many legalities and the details of a criminal case with the end goal of reaching the best outcome possible. Give us a call at (305) 396-3982
and letDonet, McMillan & Trontz be your legal team.
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