Fort Myers Violent Crimes Defense Attorney
A violent crime conviction can result in years or decades in prison and hefty fines. But the punishment doesn’t end when your sentence is completed. A conviction involving violence on your record can bar you permanently from certain professions and make it impossible to find a good job, a place to live or even to volunteer with certain organizations in your community.
To give yourself the best chance of preserving your freedom and your future, you need to respond quickly with the help of a skilled, tenacious criminal defense attorney. In Southwest Florida, you’ll find such an attorney when you contact Cantor & Cantor.
What Constitutes A Violent Crime?
For 20 years, attorney Zack Cantor has been representing clients charged with all manner of violent crimes, including:
- Simple and aggravated assault
- Simple, felony and aggravated battery
- Domestic violence
- Child abuse
- Stalking and cyberstalking
- Kidnapping and abduction
- Burglary and armed robbery
- Hate crimes
- Gang violence
- Arson
- Murder/homicide
- Manslaughter
- Most sex offenses
Obviously, an offense that involves the use of force is classified as a violent crime. But in Florida, a violent crime can also be one that involves the threat of force or the use of a weapon. The charging options are vast for prosecutors, which is another reason to seek an attorney’s help as soon as possible.
How Florida Handles Violent Crimes In Fort Myers And Lee County
Florida treats violent crimes as serious offenses because they involve allegations of physical force, threats, weapons or injury to another person. In Fort Myers and throughout Lee County, these cases may include:
- Assault
- Aggravated assault
- Battery
- Domestic violence
- Robbery
- Manslaughter
The severity of the case depends on the facts, the alleged conduct and how the offense is charged under Florida law. Some factors that may affect the charge include:
- The level of harm involved: A case may become more serious if the alleged victim suffered significant or lasting injuries.
- Whether a weapon was used: Use of a firearm, knife or other deadly weapon can increase the charge and possible penalties.
- The person involved: Allegations involving protected individuals, such as law enforcement officers, elderly adults or children, may lead to enhanced penalties.
- Prior criminal history: Past convictions can affect how prosecutors in Lee County approach the case.
- The accused person’s intent: Prosecutors may look at whether the act was intentional, reckless or based on a misunderstanding.
Some violent crime charges may be misdemeanors, especially when the alleged conduct is less severe and does not involve serious injury or a weapon. However, a charge may become a felony when the case involves serious bodily injury, use of a deadly weapon, repeat offenses or conduct that creates a greater risk of harm.
Felony violent crime charges in Lee County can carry serious penalties, including:
- Prison time: A conviction may lead to time in state prison, depending on the charge.
- Probation: The court may order strict supervision and compliance with certain conditions.
- Fines and court costs: Financial penalties can add to the long-term impact of the case.
- No-contact orders: A person may be barred from contacting the alleged victim.
- A permanent criminal record: A conviction can affect employment, housing, professional licenses and family relationships.
A violent crime charge is not the same as a conviction. Florida still requires the state to prove each element of the offense beyond a reasonable doubt. That is why the details matter, including what happened before the arrest, whether self-defense may apply, whether the evidence supports the charge and whether the Fort Myers arrest involved constitutional concerns.
Possible Defenses Against Violent Crime Charges
Facing allegations of a violent crime can be a daunting experience, but there are several potential defenses that might be applicable in your case:
Self-defense: This defense is often used in violent crime cases. If you genuinely believed you were at risk of immediate harm and used reasonable force to protect yourself, you might be able to use this defense. It’s important to prove that your actions were necessary and appropriate for the threat you faced. This defense can also extend to protecting others if you acted to safeguard someone else from imminent danger.
Mistaken identity: In some instances, people are incorrectly accused due to being misidentified. This can happen if a witness mistakenly identifies you as the offender, possibly due to factors like poor lighting, stress or similarities in appearance. Providing a reliable alibi or other evidence can help establish that you were not present at the crime scene.
Insufficient evidence: The prosecution must demonstrate guilt beyond a reasonable doubt. If the evidence is weak or mainly circumstantial, it may not be enough to secure a conviction. A thorough review of the evidence by a legal professional may reveal inconsistencies or gaps that could support your defense.
Problems with evidence collection: The manner in which evidence is collected and handled can sometimes be questioned. If your rights were violated during the investigation, such as through an illegal search or seizure, the evidence obtained might be inadmissible in court. Additionally, if the crime scene was not secured properly, leading to potential contamination or loss of evidence, this could weaken the prosecution’s case.
Lack of intent: Many charges related to violent crimes require proof of intent. If it can be shown that you did not intend to cause harm, this could be a viable defense. Accidents or misunderstandings can sometimes lead to charges that do not reflect your true intentions.
Each legal situation is unique, so it’s important to seek advice and representation from an experienced attorney who can provide guidance tailored to your specific circumstances.
Discuss Your Legal Options For Free
Attorney Zack Cantor is available to help you make sense of the charges you are facing and what your defense options may be. Our firm offers free initial consultations to clients in Fort Myers and throughout Southwest Florida. To schedule your first meeting, call us at 239-494-3164 or send us an email.
