All of us living in the United States are privileged to live in a country where each individual is guaranteed certain constitutional rights. In criminal cases the courts have determined that individuals who have been charged by the government with a crime, have rights, not only to protect them, but all of society. This particularly includes individuals charged with a violent crime. Violent crimes generally are charged as felonies under Florida law, subjecting individuals to serving substantial time on probation or community control, or possibility Florida State Prison. That is why you should hire an experienced violent crime attorney whom can protect your rights.
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For a serious violent crime, Florida has in place the “Anti-Murder Act,” which was signed into law by the Governor on March 12, 2007. The Act created six classes of “violent felony offender of special concern” (VFOSC). The term “violent felony offender of special concern” means a person who is on:
1. Felony probation or community control related to the commission of a qualifying offense committed on or after March 12, 2007.
2. Felony probation or community control for any offense committed on or after March 12, 2007, and has previously been convicted of a qualifying offense. “Convicted” in this regard means a determination of guilt as a the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is imposed or withheld.
3. Felony probation or community control for any offense committed on or after March 12, 2007, and is found to have violated that probation or community control by committing a qualifying offense. Note that only a “finding,” and not a conviction, is required.
4. Felony probation or community control and has previously been found by a court to be a habitual violent felony offender, and has committed a qualifying offense on or after March 12, 2007.
5. Felony probation or community control and has previously been found by a court to be a three-time violent felony offender and has committed a qualifying offense on or after March 12, 2007.
6. Felony probation or community control and has previously been found by a court to be a sexual predator and has committed a qualifying offense on or after March 12, 2007.
The term “qualifying offense” means any of the following:
1. Kidnapping or attempted kidnapping, false imprisonment of a child under the age of 13 or luring or enticing a child.
2. Murder or attempted murder, attempted felony murder or manslaughter.
3. Aggravated battery or attempted aggravated battery.
4. Sexual battery or attempted sexual battery.
5. Lewd or lascivious battery or attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition.
6. Robbery or attempted robbery, carjacking or attempted carjacking or home invasion robbery or attempted home invasion robbery.
7. Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person.
8. Sexual performance by a child or attempted sexual performance by a child.
9. Computer pornography, transmission of child pornography, or selling or buying of minors.
10. Poisoning food or water.
11. Abuse of a dead human body.
12. Any burglary offense or attempted burglary offense that is either a first-degree felony or second-degree felony.
13. Arson or attempted arson.
14. Aggravated assault.
15. Aggravated stalking.
16. Aircraft piracy.
17. Unlawful throwing, placing, or discharging of a destructive device or bomb.
19. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.
If you have been charged with a crime of a violent nature, you should not hesitate to contact our violent crime attorney for an individual and confidential free consultation. Our violent crime attorney will provide you open and honest advice, and if you are interested in hiring our law firm, we will work with you on a fair fee, being upfront about all costs and fees involved.