If you’ve been arrested or accused of a violent crime in Florida, you may be feeling overwhelmed, afraid and unsure of your next steps. Every decision you make from this moment matters: what you say, how you respond, and how quickly you call a lawyer can all impact your future.
At Lindsay Chase Law Firm, we’ve seen how one early move can change everything. In this post, we’ll explain how a skilled violent crime defense attorney works from day one to protect your rights, investigate your case and build a defense that safeguards your future.
What Counts as a Violent Crime in Florida?
A “violent crime” broadly refers to offenses that involve force, threat of force, or serious bodily harm to others. Under Florida law, the term “violence” is defined to include acts such as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment. [1]
Under Florida law, a person can be classified as a Habitual Violent Felony Offender (HVFO) under section 775.084, Florida Statutes, if they repeatedly commit violent crimes. [2] This legal designation allows courts to impose harsher penalties on individuals with multiple violent felony convictions in order to protect the public from repeat offenders. A defendant may qualify as an HVFO if they have previously been convicted of one or more violent felonies such as robbery, aggravated assault, aggravated battery, sexual battery, arson, kidnapping, murder, manslaughter, or armed burglary. The law also covers any felony that involves the use or threat of physical force or violence against another person.
To meet the statutory requirements, the new offense must have been committed while the defendant was serving a sentence for a qualifying felony or within five years of release from prison, probation, or other supervision related to that conviction. Importantly, the prior conviction must have occurred before the commission of the current offense. If a previous conviction was pardoned, overturned, or involved a nonviolent offense, the defendant does not qualify for HVFO sentencing.
When a person is designated a Habitual Violent Felony Offender, the court must impose enhanced penalties that often involve lengthy mandatory minimum prison terms. For example, a life felony or first-degree felony can result in a life sentence, while a second-degree felony can carry up to 30 years in prison with a 10-year minimum, and a third-degree felony can result in up to 10 years with a 5-year minimum. These minimum terms must be served day for day, without gain time or early release. Before imposing this enhanced punishment, the judge must make specific written findings that the defendant meets the HVFO criteria and that the increased sentence is necessary to protect the community from future violence.
If you or a loved one has been designated or may be facing designation as a Habitual Violent Felony Offender in Florida, it’s crucial to consult an experienced Florida criminal defense attorney. These cases require a deep understanding of sentencing law and the ability to challenge prior convictions, timelines, and procedural errors. At our firm, we have extensive experience defending clients against habitual offender sentencing enhancements and fighting for fair and just outcomes in Florida’s criminal courts.
These offenses carry not only a potential lengthy prison sentence but also long-term collateral consequences such as job loss, licensing issues, immigration impact, and a permanent criminal record.
The Role of a Florida Violent Crime Defense Attorney
You might wonder: what does a defense attorney actually do in these high-stakes cases? Here are the critical functions:
Safeguarding your constitutional rights. From the moment you’re arrested, you have rights such as the right to remain silent and the right to counsel. A defense attorney ensures those rights are protected and if violated will make sure that the appropriate measures are taken to for due process.
Reviewing the arrest and investigation. Your attorney will examine whether law enforcement followed proper procedure during their investigation. The attorney will ensure that the search and seizure rules, Miranda rights/warnings, chain of custody of evidence and so on were properly followed and if not whether that evidence can be thrown out.
Independent investigation. Even though law enforcement is investigating the case, your attorney conducts a separate review: interviewing witnesses, obtaining surveillance footage, analyzing police reports and building the facts from your side. This is important so that your side of the story can also be told to the jury.
Building a strategy from day one. Defense is not just reactive. Skilled attorneys begin planning from the first meeting: assessing whether charges can be reduced or dismissed, preparing for motion hearings, and developing a trial-ready strategy if necessary.
Because these cases often escalate quickly, having representation from the beginning gives you a clear advantage.
Immediate Steps a Defense Attorney Takes After an Arrest
Here is a typical timeline of what happens once you hire a defense attorney after a violent crime arrest:
Initial consultation – We review the arrest report, charges and the facts you present to understand where the case stands. Once retained, the attorney will try and get the charges not filed or less charges filed against you.
Client advice – You’ll get clear instructions about what to do and what not to do. What you say to police or investigators can have long-term implications.
Bail and release issues – We work to secure reasonable bond conditions or release terms so you don’t become further entangled while the case is pending.
Evidence preservation – The attorney begins securing critical evidence early: locating witnesses while the memory is fresh, obtaining body-camera footage, preserving video surveillance or physical evidence.
Negotiation with prosecutors – Often the state attorney will review the case for potential plea offers or reduced charges. Early attorney involvement strengthens your position in those negotiations.
Because time is of the essence, acting quickly is key; delays can result in lost evidence, fading memories and diminished options.
Why Early Legal Representation Matters
Putting a defense attorney on your side from day one matters for several reasons:
It helps you avoid critical mistakes such as self-incrimination or violating conditions of release that can worsen your situation.
Early investigation can uncover weaknesses in the state’s case, which may lead to a reduction or dismissal of charges.
Some cases can be resolved before formal charges are filed but only if action is taken immediately.
In short, while you may feel powerless, you are not especially if you secure the right advocate early on.
Building a Strong Defense Strategy
A strong defense is personalized, informed and proactive. Key elements include:
Reviewing all the evidence and procedure – including police reports, witness statements, forensic data and chain of custody questions.
Identifying constitutional violations – for example illegal search or seizure, lack of probable cause, or violations of Miranda rights.
Engaging expert witnesses when necessary – forensic analysts, medical professionals or accident reconstruction specialists can strengthen your defense.
Preparing for trial while remaining open to negotiation – Your attorney develops a defense plan that covers trial readiness and plea options, whichever path offers the best outcome.
Every case is unique; the strategy must match the facts, the charges and your goals.
Protecting Your Rights Throughout the Process
Representation isn’t just about one hearing or one motion, it’s about long-term protection of your rights and future. A skilled attorney:
Keeps you informed at every step along the way so you understand your options and risks.
Protects you from coercive tactics, ensuring you make decisions voluntarily and with full knowledge.
Focuses not only on the criminal case, but on how the outcome will affect your job, your reputation, your relationships and your freedom.
Having an attorney who treats your case seriously from start to finish is the difference between merely reacting and truly defending your future.
Charged with a Violent Crime? Get Legal Help Now
If you’re facing a violent crime charge, you don’t have to navigate this alone. At Lindsay Chase Law Firm, we bring more than ten years of experience defending serious criminal cases in Florida. From the moment you call, we act fast to protect your rights, preserve critical evidence and build a defense strategy designed to give you the best possible outcome.
Every case is urgent—and yours deserves personal attention. Contact us today for a confidential consultation and let us help you take the next step forward.
[1] Florida Statutes § 784.046(1)(a) – Definition of “Violence”. https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/0784.html
[2] Florida Statutes § 775.084 – Violent career criminals; habitual violent felony offenders; definitions; enhanced penalties. https://www.flsenate.gov/Laws/Statutes/2024/775.084
