Don Waggoner Law

Orlando and Kissimmee Criminal Defense Lawyer and DUI Attorney

DO NOT TALK TO LAW ENFORCEMENT WITHOUT FIRST CONSULTING A LAWYER!!!

VIOLENT CRIMES

Orlando and Kissimmee Violent Crimes Attorney has 19 years of experience in 1000s of cases involving violent crimes.  The majority of Attorney Don Waggoner’s 176 jury trials involved violent crimes, from 1st Degree Capital Murder to simple battery.  It is important that you acquire an attorney experienced in violent crime defense as early on in your case as possible.  You should call Orlando and Kissimmee Violent Crimes Attorney Don Waggoner and he will advise you and begin you defense, from getting you a bond hearing and all the way to trial.  It is important that if you are accused of a violent crime, or think you might be, you do not talk to anyone, especially law enforcement, about any involvement or non-involvement you may have had.  Consult with an attorney first.

The following crimes are considered to be violent crimes, or crimes of a special nature in the State of Florida and may incur enhanced punishment, restrictions on bond or bail, or cause other considerations to have to be made in a particular case:

Murder, F.S. 782.04;
Sexual battery, F.S. 794.011;
Robbery, F.S. 812.13;
Burglary, F.S. 810.02;
Arson, F.S. 806.01;
Aggravated assault, F.S. 784.021;
Aggravated battery, F.S. 784.045;
Kidnapping, F.S. 787.01;
Aircraft piracy, F.S. 860.16;
Aggravated child abuse, F.S. 827.03;
Aggravated abuse of the elderly or disabled, F.S. 825.102;
Unlawful throwing, placing, or discharging of a destructive device or bomb, F.S. 790.161;
Carjacking, F.S. 812.133;
Home-invasion robbery, F.S. 812.135;
Aggravated stalking, F.S. 784.048;
Aggravated Fleeing or eluding with serious bodily injury or death, F.S. 316.1935;
Resisting an officer with violence, F.S. 843.01;
Possession of a firearm or ammunition by a felon, F.S. 790.23;
Drug Trafficking, 893.135;
or a Felony that is an act of terrorism or is in furtherance of terrorism.


Penalty Chart:

3rd Degree Felony:
5 years prison, 5 years probation, $5,000.00 fine
2nd Degree Felony:
15 years prison, 15 years probation, $10,000.00 fine
1st Degree Felony:
30 years to LIFE in prison, 30 years to LIFE probation $10,000.00 fine
Capital Felony:
LIFE in prison or DEATH
\
Use of Firearm:
Minimum Mandatory Prison (day for day, no early release) - 10 years if firearm is carried or acquired during the commission of a crime, 20 years if a firearm is discharged, and LIFE if a firearm is discharged and someone is struck by the bullet
Possible Enhancements:
The sentence can be doubled if you are convicted as a Habitual or Violent Felony Offender, F.S. 775.084; for most Sex Offenses, you can spend many years in a mental health facility for sex offenders after your sentence under the JIMMY RYCE ACT, plus you will be designated as a sexual offender or sexual predator for life, and you will have to register with the sheriff every year and every time you move, even if you move to another state or country, F.S. 775.21.

 

HOMICIDE

Homicide is the killing of one human being by the act, procurement, or omission of another.  A person is guilty of criminal homicide if he purposely, knowingly, recklessly, or negligently causes the death of another human being.  Criminal homicide is murder, manslaughter, or negligent homicide.
Homicide is not necessarily a crime.  It is a necessary ingredient of murder and manslaughter. But there are cases where homicide may be committed without criminal intent and without criminal consequences, such as, where it is done in self-defense.

Homicide is classified as justifiable, excusable, and felonious. 


  1. Justifiable homicide F.S. 782.02 is committed intentionally, but without any evil design, and under such circumstances of necessity or duty that it renders the act proper and relieves the party of blame, such as where the killing takes place in order to prevent the commission of a felony or in self-defense.  In Florida, a successful “stand your ground” defense would be an example of justifiable homicide.

  2. Excusable homicide F.S. 782.03  occurs when the perpetrator is acting in a manner that is lawful and a death occurs.  It may be done in self-defense, defense of others, or may be caused accidentally by misadventure.  A death caused at a lawfully sanctioned boxing match may be excusable homicide.

  3. Felonious homicide
    is the wrongful killing of another human being, without justification or excuse in the law.  There are two types of felonious homicide – murder and manslaughter.

  4. Florida’s “Stand Your Ground Law”
     Chapter 776

  5. Florida’s “Stand Your Ground Law” is found under the chapter defining justifiable use of force.  Generally, under this chapter one can defend oneself or another person from another’s imminent use of unlawful force.  Only the amount of force necessary to defend against the attack may be used.  Deadly Force may not be used unless such force is necessary to prevent death or great bodily harm to oneself or another or to prevent the imminent commission of a forcible felony.  One is presumed to have held a reasonable fear of imminent peril of death or great bodily harm in the case of an unlawful entry into a dwelling, residence, or occupied vehicle.
    Also, a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

  6. Murder F.S. 782.04

  7. The most serious crimes one can commit.  Murder usually requires some form of intent to commit the crime. 
    Murder in the First Degree may be committed by pre-meditation or during the commission of a felony (felony murder).   The maximum penalty for either one is death.
    Murder in the Second Degree does not necessarily require an intent to cause the death.  Rather, it requires an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.  It may also be caused during the commission of a felony.  The maximum penalty for second degree murder is life in prison.
    Many people are convicted of murder even though they were not the one who actually caused the death.  This happens when a person participates in a felony crime with another person, knowingly aids, abets, counsels, hires, or otherwise procures the commission of a felony, and the other person kills someone during the commission of the crime.  Both may be held equally guilty.

  8. Manslaughter F.S. 782.07

  9. Manslaughter is a form of murder/homicide, but there was no intent to cause the death.  Instead the death was caused by culpable negligence or when a person intentionally commits some act which causes the death of another, even if there was no intent to cause the death, and the death was not caused by mere negligence, was not justifiable, or was not excusable.
    Manslaughter is generally a second degree felony, punishable by a maximum of 30 years in prison.  However Aggravated Manslaughter is a first degree felony punishable by up to 30 years in prison.

  10. Vehicular Homicide   F.S. 782.071

  11. Vehicular Homicide is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another.   
    Vehicular homicide is a second degree felony punishable by up to 15 years in prison.  However, if the driver knowingly left the scene of an accident, and the accident caused the death or injury to another, whether or not the driver knew of the death or injury, it becomes a felony of the first degree punishable by up to 30 years in prison.

  12. Home Invasion Robbery F.S. 812.135

  13. (1) “Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.
    (2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment.
    (b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable by up to 30 years in prison.
    (c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree.

  14. Carjacking  F.S. 812.133

    (1) “Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
    (2)(a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment.
    (b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree punishable by up to 30 years in prison.

  15. Kidnapping   F.S. 787.01

    The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
    1. Hold for ransom or reward or as a shield or hostage.
    2. Commit or facilitate commission of any felony.
    3. Inflict bodily harm upon or to terrorize the victim or another person.
    4. Interfere with the performance of any governmental or political function.
    Kidnapping is a 1st degree felony punishable by up to life in prison.

    False Imprisonment
      F.S. 787.02

    The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.
    False Imprisonment is a 3rd degree felony punishable by up to 5 years in prison.

    Other Statutes Related to Kidnapping and False Imprisonment
    :

    F.S. 787.025  Luring or enticing a child.
    F,S, 787.03  Interference with custody.
    F.S. 787.04  Removing minors from state or concealing minors contrary to state agency order or court order.
    F.S. 787.06  Human trafficking.
    F.S. 787.07  Human smuggling.