Violent crimes are defined as crimes that involve physical harm against another person. Being convicted of a violent crime can result in a person facing lengthy prison sentences, fines, and other life-altering consequences that affect employment and housing. Given these serious consequences, if you are charged with a violent crime, it is important to obtain the assistance of a criminal defense attorney.
The Violent Crime Act
The Violent Crime Control and Law Enforcement Act of 1994 is the largest crime bill in the history of the United States. This act expanded how federal prosecutors respond to violent crimes in several ways. The Act’s Federal Assault Weapon Bans barred the manufacture of 19 specific types of semi-automatic firearms or “assault weapons” as well as possession of magazines holding more than 10 rounds of ammunition. The Act’s Federal Death Penalty Act also created 60 new death penalty offenses under 41 federal capital statutes.
What Encompasses Violent Crimes
Violent crimes involve harm or the threat of harm to another person. Often, violent crimes are treated as felonies even if violence did not actually occur. Many seemingly small issues can affect a jury’s approach to what penalties a person charged with a violent crime will face.
Some examples of violent crimes include the following:
- Assault and battery
- Arson
- Burglary
- Carjacking
- Gang crimes
- Kidnapping
- Murder
- Sexual abuse
- Robbery
What to Know if You are Charged With a Violent Crime
If you are charged with a violent crime, it is critical that you avoid making any statements to law enforcement. Even if you do not believe that you are not saying anything incriminating, there is still a risk that you might say something that law enforcement can use as evidence in your case. Instead, it is a much better idea to wait to speak to your attorney first. Your attorney understands how to collect any evidence that might help to establish innocence in your case.
Defenses to Violent Crimes
There are some potential defenses that a person can raise in response to a violent crime charge, which include the following:
- Self defense can be raised if the person being charged was attempting to defend him or herself from bodily harm that might have resulted from the other person’s attack. This use of self-defense must be in response to the other person’s actions and proportionate to the threat of harm that existed.
- If a person’s identity is in question or if no actual violence occurred, a person will likely be able to raise a defense of mistake of fact.
- Being involuntarily or voluntarily intoxicated often can be used as a defense to reduce the penalties that a person ends up facing. If a person raises this defense, however, he or she will likely still be recorded as having pled an intoxication defense.
Obtain the Services of a Federal Criminal Defense Lawyer
If you were charged with a violent crime, it is a wise idea to contact the Federal Criminal Law Center evaluation. During a free case evaluation, our legal counsel can discuss the various options that you have moving forward.