Florida Law
Florida Felony & Misdemeanor Criminal Defense
- Felony & Misdemeanor Criminal Defense (Florida)
Incest
Anyone who marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity (child, parent, grandparent) or with a brother, sister, uncle, aunt, nephew or niece is guilty of incest. Incest is a third degree felony.
Kidnapping
Kidnapping is the forcible and secret abducting, confining
or imprisoning of a victim against his or her will
with intent to (1) collect a ransom, (2) commit or
facilitate the commission of a felony, (3) inflict
bodily harm or terrorize the victim, or (4) interfere
with any governmental or political function. Kidnapping
is a first degree felony. Anyone who kidnaps a child
under the age of 13 and commits aggravated child abuse,
sexual battery or a lewd act in the presence of the
child commits a life felony.
Robbery
Robbery is the forcible, violent or threatening taking
of property from another with intent to either permanently
or temporarily deprive the person or owner of the property.
Robbery is a second degree felony. If in the course
of a robbery the defendant carries a firearm or other
deadly weapon, the robbery is a first degree felony.
Home invasion robbery occurs when the defendant enters
a victim's home and robs the occupants in their dwelling.
Home invasion robbery is a first degree felony.
Sexual Battery
Sexual battery is used to describe both forcible rape
and statutory rape (sexual relations with a minor).
This includes oral, anal or vaginal penetration by,
or union with, the sex organ of another, or the anal
or vaginal penetration by any other object. Depending
on the circumstances, sexual battery can be a capital
felony, life felony or a first or second degree felony.
Anyone soliciting another to engage in an act that
would constitute sexual battery is guilty of a third
degree felony.
Stalking
Any person who willfully, maliciously and repeatedly
follows or harasses another person is committing the
crime of stalking, a first degree misdemeanor. Aggravated
stalking occurs when a stalker makes "a credible
threat with the intent to place a person in reasonable
fear of death or bodily injury." Aggravated stalking
is a third degree felony.
Theft
Florida has combined the crimes of larceny, embezzlement,
false pretenses and receiving stolen property into
the category of theft. A person commits theft when
he or she knowingly obtains or uses the property of
another with intent to either temporarily or permanently
deprive the other person of the property. Theft of
property valued at $100,000 or more is grand theft
in the first degree and a first degree felony. Theft
of property valued at $20,000-100,000 is grand theft
in the second degree and a second degree felony. Theft
of property valued at $300-20,000 is grand theft in
the third degree and a third degree felony. Theft of
any other property is petit theft and a second degree
misdemeanor. (The category of larceny, the taking of
property without consent and with intent to steal,
is still used for reporting purposes.)
Justification for the Commission of Crimes
In some situations, the law will view the commission
of a crime as justifiable. The best example of a justifiable
crime is one committed in self-defense. As a general
rule, persons are permitted to use a reasonable amount
of nondeadly force to protect themselves from an unlawful
attacker. A person may also use a reasonable amount
of nondeadly force in defense of others (particularly
family members) or in his or her home. Florida law
permits the use of deadly force in self-defense only
if a person reasonably believes that such force is
necessary to prevent imminent death or great bodily
injury. Depending on the circumstances, coercion and
mistake are two other instances for which committing
a crime may be justified or the penalty mitigated to
some extent.
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