St. Augustine Violent Crimes Attorney

Fight Back Against Serious Charges with Skilled Criminal Defense

An arrest for a violent crime in St. Johns County begins a legal process in which your freedom and future are immediately at risk. It can set off a chain of events that could permanently alter your life. Florida prosecutors pursue these cases aggressively and often seek maximum penalties. You need an effective defense strategy that directly challenges the allegations.

Our criminal defense law firm provides strong legal representation for persons facing violent offense charges in St. Augustine and the surrounding areas. Terry J. Shoemaker is a leading criminal defense attorney and one of the few in the state who are death penalty qualified, a distinction that indicates a high level of trial readiness and experience in capital cases.

Florida law imposes severe penalties for convictions involving violence. Statutes often require mandatory minimum sentences, in which case judges have no discretion to reduce the time served. We scrutinize the state’s case against you to find weaknesses in police procedure, forensic evidence, and witness statements.

Mandatory Minimums and the 10-20-Life Law

Our state has some of the strictest sentencing guidelines in the country. Florida’s 10-20-Life statute dramatically increases penalties for felony offenses involving firearms. In many cases, prosecutors automatically apply enhancements. Minimum prison terms are mandated as follows:

Possession of a firearm during the commission of a felony results in a minimum 10-year prison sentence.
Discharging a firearm while committing a felony results in a minimum sentence of 20 years.
Causing death or great bodily harm through the discharge of a firearm during the commission of a felony carries a minimum mandatory prison sentence of 25 years to life.

Violent Crime Charges in St. Augustine

We provide clients with a strong defense in a variety of violent crime cases, including:

Homicide and Manslaughter

Homicide offenses carry the heaviest criminal penalties under Florida law.

First-degree murder is a capital felony, punishable by death or life imprisonment without possibility of parole. To get a conviction, the state must prove premeditated design, or that the death occurred during the commission of a specified felony.
Second-degree murder is a first-degree felony, with penalties that include a prison term not exceeding life. It involves killing by an act imminently dangerous to another, with a depraved mind, regardless of human life. A second-degree murder charge can be filed even if it is established that no premeditation was involved.
Manslaughter occurs when a person causes the death of another through culpable negligence or a voluntary act without lawful justification. It is a second-degree felony, punishable by up to 15 years in prison. Aggravated manslaughter is a first-degree felony.

The state often overcharges homicide cases, filing first-degree murder charges when the evidence only supports manslaughter or excusable homicide. We focus on the element of intent and work to reduce charges or seek dismissal based on the evidence.

Aggravated Battery and Assault

Violent altercations can result in felony charges even when no serious injury occurs. Prosecutors may upgrade misdemeanor battery charges for technical reasons.

Aggravated battery occurs when a person causes great bodily harm, permanent disability, or disfigurement, or when the victim was pregnant, or a deadly weapon was used. This charge is filed when the crime is committed intentionally or knowingly. Aggravated battery is a second-degree felony, punishable by up to 15 years in prison.

Aggravated assault is defined under Section 784.021 of the Florida Statutes as being an assault with a deadly weapon with no intent to kill or with intent to commit a felony. This offense is a third-degree felony, punishable by up to 5 years in prison. We evaluate the alleged weapon and the nature of the injuries and move to reduce the charges if the object is not a deadly weapon or the injuries do not qualify as great bodily harm.

Robbery and Carjacking

Theft crimes involving force carry heavy penalties. Robbery involves taking the money or property of another through force, violence, assault, or putting the victim in fear. It is a first-degree felony. When a deadly weapon is used, robbery is punishable by a prison term not exceeding life. When a non-deadly weapon is used, it carries imprisonment for up to 30 years.

Carjacking is taking a motor vehicle from a person by force, violence, assault, or putting the person in fear. It is a first-degree felony, with significantly increased penalties when a firearm or deadly weapon is used. We challenge the identification of the accused and the classification of the force used.

Sexual Battery

Allegations of sexual battery carry a stigma with the potential to destroy your reputation before you even enter the courtroom. This violent crime comprises a wide variety of non-consensual sexual acts. Penalties can depend on the victim’s age, the use of a weapon, and the degree of force.

False accusations of sexual battery can arise from custody disputes, misunderstandings, or a desire for revenge. We investigate these cases thoroughly and with discretion, including all medical reports, electronic communications, and witness backgrounds to reveal the truth.

Strategic Defense Against Violent Crime Charges

To convict you of a violent crime, the state must prove every element beyond a reasonable doubt. Our seasoned criminal defense attorneys at Shoemaker Law construct defenses customized to reflect the specific facts of your case. While law enforcement focuses on gathering evidence to convict you, we conduct an independent investigation to uncover evidence supporting your innocence.

Do not wait to seek legal counsel if you are facing violent crime charges. The earlier we intervene, the more opportunities we have to protect your rights. Contact us today at 904-736-3387 to schedule a free consultation to discuss your case.