Bonita Springs Violent Crime Lawyer

Bonita Springs Violent Crime Attorney

One of the more serious offenses someone can commit is a violent crime. This is when someone harms or threatens to harm someone else with force. Anyone who is accused of this offense faces significant legal consequences if proven guilty, such as large fines and the possibility of a lengthy prison sentence. If you have recently been accused of a violent crime, a Bonita Springs violent crime lawyer can provide the defense you need to protect yourself.

At the Law Office of Donald P. Day, we work hard to defend clients against criminal accusations, like committing violence. Our ability to uncover the facts of a legal case and support our client’s position with compelling evidence makes us a competitive defense team. We always put our client’s needs first, striving to give them the outcome they desire. Our firm has already done this for countless other individuals who faced similar charges in the past.

Common Defense Positions to Combat Violent Crime Allegations

While it can seem like being accused of a violent crime is the end, it’s really just the beginning. Everyone has the right to defend themselves, whether they are facing allegations from a misunderstanding, protecting a child, or dealing with legal complications that are tied to a heated divorce. This is especially true if they feel like their rights are being violated or that the charges do not reflect what actually happened.

Some of the more common defense positions we use include:

Self-Defense

Sometimes, our clients may have been forced to engage in combative behavior to protect themselves or someone else from immediate danger. To establish this, a defendant will need to prove in court that the threat of harm was valid and proportionate to their intervention. It also needs to be clear that they were not the individual who provoked the altercation. If all these details are true in your case, a self-defense argument could work.

Mistaken Identity

Violent altercations are typically chaotic. It can be difficult to accurately remember everything that happened, especially to the level of specificity that the court system needs to determine fault and guilt. This is why defendants are sometimes mistaken as the violent perpetrator. This can be due to poor lighting, spotty memory, or any other factors that make it difficult to identify who is the true violent suspect.

Lack of Intent

If there is no clear indication that someone had the intent to commit a violent crime, this can make it more difficult for the prosecution to win their case. If the defense can show how their actions were an accident, it could lead to reduced charges or a complete case dismissal. For example, if someone hurt someone else during a sports game, this context could suggest the individual was merely trying to play the game and did not set out to be violent.

Consent

In some situations, proving consent from the alleged victim can be a solid defense option. This could apply in scenarios where both parties entered a mutual fight or were willfully engaging in rough physical activity together. If both parties truly did voluntarily participate, the defense can make the case that the injuries were an unfortunate repercussion of consensual fighting rather than a criminal act.

Violation of Constitutional Rights

If there is evidence to show how law enforcement violated the defendant’s Constitutional rights, it could dismiss critical evidence that the prosecution is relying on. For example, if they did not secure a search warrant before searching your personal property, any evidence they collected from it would be deemed inadmissible in court. Hire a defense attorney to scrutinize every aspect of your arrest to see if there are any opportunities for a constitutional defense.

FAQs

How Much Does a Criminal Lawyer Cost in FL?

There is no universal cost to how much a criminal lawyer will cost for each client, which is why it’s extremely important to discuss costs and payment structures with your attorney upfront before hiring them. The more complicated your case is to resolve, the more you can expect to pay, even though your peer might have a more straightforward case where all the evidence against them is easily inadmissible. However, making this investment can have a huge return.

What Is Considered a Violent Felony in Florida?

Any instance where someone has physically harmed another individual or threatened to harm them can be considered enough to charge them with a violent felony. Some of the more common examples include aggravated assault, armed robbery, sexual assault, and kidnapping. These aggressive crimes are classified as felonies because they are serious in nature, with penalties of lengthy prison sentences and significant fines to deter the behavior.

What Should I Look for When Choosing a Criminal Lawyer in Florida?

As you are searching to hire a new criminal defense attorney in Florida, you want to find someone who has as much relevant experience as possible. It’s critical to hire someone with a strong record of winning cases for people who were in your exact position, as this can make you feel more confident that they have the education and experience necessary to secure another win. Make sure you feel comfortable working with your lawyer and are confident in their hard work and care.

How Do Criminal Lawyers Help Reduce Penalties for Violent Crime Charges?

While no attorney can guarantee any type of specific outcome, a defense attorney enters a new case with the mission of either reducing or dismissing the penalties their client faces. They can achieve this through negotiations with the prosecution, like trying to downgrade a felony to a misdemeanor or suggesting an alternative sentencing option, like probation, which would be more appropriate. This advocacy can help minimize the impact of these charges.

Contact the Law Office of Donald P. Day Today

If you have recently been accused of violent activity and are looking for legal representation in Bonita Springs, FL, look no further than the defense team at the Law Office of Donald P. Day. We take violent accusations seriously, and our firm can explore every detail of your case. We can make sure no one takes advantage of your rights or tries to hold you accountable through misguided or unfair legal intervention. Contact us today to begin.