It depends. If adjudication was withheld and you were not convicted, the charge may be eligible for expungement or sealing. However, most violent crime convictions cannot be expunged. This is why fighting the charge — rather than accepting a plea — is so important.
Simple assault is a second-degree misdemeanor involving an intentional threat with no weapon. Aggravated assault is a third-degree felony and involves a deadly weapon or intent to commit a felony. The distinction significantly affects potential penalties.
Yes. Florida’s 10-20-Life law mandates minimum prison sentences for firearm-related violent crimes regardless of the circumstances. Additionally, certain offenses involving children, law enforcement officers, or repeat offenders carry mandatory minimums. An attorney may be able to challenge whether the mandatory minimum applies to your specific facts.
Yes. Assault in Florida does not require physical contact — only an intentional threat that causes the victim to fear imminent harm. Attempted murder, attempted robbery, and conspiracy charges can also be filed even when no injury occurred.
In Florida, the State — not the alleged victim — decides whether to prosecute. Even if the victim recants or refuses to cooperate, prosecutors can still move forward with charges using other evidence. However, a victim’s unwillingness to testify can significantly weaken the prosecution’s case.
Prior convictions can significantly increase sentencing under Florida’s Criminal Punishment Code. Repeat violent offenders may face Habitual Violent Felony Offender status, which carries enhanced mandatory minimums. An attorney can review your scoresheet and work to minimize the impact of prior history.
First degree murder involves premeditation or is committed during certain felonies (felony murder rule) and is a capital offense carrying life in prison or the death penalty. Second degree murder involves an act imminently dangerous to others showing a depraved indifference to human life, carrying up to life in prison.
In most cases yes, though bond may be set very high for serious violent crimes. Certain offenses — particularly capital crimes or cases where the defendant is deemed a danger to the community — may result in denial of bond. An attorney can argue for a reasonable bond at your first appearance hearing.
Yes. Violent crimes are often classified as crimes of moral turpitude or aggravated felonies under federal immigration law, which can result in deportation, denial of naturalization, or permanent inadmissibility. Non-citizens charged with violent crimes should consult both a criminal defense attorney and an immigration attorney immediately.
Attorney fees vary based on the severity and complexity of the charges. Smith & Eulo offers free initial consultations and flexible payment plans. Given that violent crime convictions carry mandatory prison sentences and permanent record consequences, retaining experienced counsel is one of the most important investments you can make.
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