Violent Crimes

Fort Myers Violent Crimes Lawyer Fighting to Protect Your Future

Is Florida a Violent Place?

Florida once enjoyed a dubious reputation as America’s crime capital. That’s no longer the case. In recent years, Florida has worked hard to eliminate its past associations with violent felonies. Part of this involves a major local, state, and federal crackdown on known and suspected criminals. While these initiatives have succeeded in lowering Florida’s violent crime rate, there are unintentional side effects.

Part of Florida’s anti-crime initiatives includes a certain overzealousness in pursuing arrests and convictions. As of 2025, Florida has one of the highest incarceration rates in America– higher even than some independent countries. This means that someone arrested on violent felony charges in Florida stands a better chance of going to prison here than in other parts of America. Florida’s career criminal and habitual felony offender laws mean that if you do get convicted, you may face decades—or even the rest of your life—behind bars. Even if you manage to avoid a lengthy jail sentence, the public stigma of being a convicted violent criminal can follow you for the rest of your life.

Violent crime arrests are challenging to deal with on your own. If you or a loved one has been arrested on charges of committing a violent felony, seeking the right legal help is vital in overcoming the many potential hurdles ahead of you. Our firm may be able to help you—but you need to act today.

What is Considered a Violent Felony?

Florida has a broad definition for what constitutes a violent felony. This is intentional and allows the criminal justice system to levy charges of violent crime as it sees appropriate. Generally, a violent felony is any crime that uses physical force or the threat of physical force. Title XLVI, Chapter 775 of the Florida Statutes contains a non-exhaustive list of crimes which may be considered violent felonies. Under Chapter 775, violent offenses include but are not necessarily limited to:

  • Murder
  • Rape/Sexual Battery
  • Robbery
  • Arson
  • Kidnapping
  • Child or Elder Abuse
  • Assault With a Deadly Weapon
  • Manslaughter
  • Armed Robbery
  • Aggravated Stalking

These are only a few of the potential crimes that may be considered violent felonies under Florida law. In many cases, the court system will “err on the side of caution” and bring violent felony charges against someone it thinks might pose a danger to society.

Florida can have a “where there’s smoke, there’s fire” approach to violent crime cases and considers it best to arrest people and let the court system figure things out. This means a person can easily find themselves facing violent felony charges due to a misunderstanding or an overly cautious police officer. That’s why, if you’ve been arrested, an experienced felony defense attorney is key.

Do I Need a Lawyer to Represent My Case?

Some individuals place their trust in the legal system, hoping the courts will “do the right thing.” They opt not to exercise their right to remain silent. Many people hope that charges are either dropped or that prosecutors and judges won’t pursue aggressive charges. Thinking this is a mistake. Florida values its newfound “tough on crime” reputation. This means prosecutors have no issue seeking harsh penalties, even against first-time offenders. If you’ve ever been convicted of a crime before, potential sentences may be even harsher.

Some people attempt to place themselves in the court system’s hands and rely on their innocence or ability to handle the police or prosecutors. You may think “the truth always wins out” or that justice is always done. This is not necessarily true. Remember, it is not the police’s job to determine whether someone committed a crime or not; it is only to identify potential suspects. If the police believe you could be guilty, they can arrest you.

Similarly, it is not the job of a prosecutor to determine whether you are guilty. That is up to a judge and jury. A prosecutor’s job is to convince a jury that you committed the crime beyond a reasonable doubt. A defense attorney’s job is to provide you with skilled representation through a strong defense that convinces a jury to acquit you. This is why hiring an experienced criminal defense attorney is vital if you’ve been arrested on violent crime charges. Placing your trust in the criminal justice system is taking a significant risk with your freedom.

What are the Penalties for a Violent Felony?

There is a broad variety of potential sentences for anyone convicted of a violent felony. The amount of time you may be facing depends on the specific charges, the circumstances of the case, and whether you have ever been convicted of a crime before. If you have previously been convicted, the type of crime may also play a factor in your sentence.

Felonies are divided into third, second, and first-degree charges. Third-degree felonies are considered the least severe and come with a potential maximum sentence of five years in prison.

Second-degree felonies are punishable by up to 15 years in prison.

First-degree felonies are punishable by up to 30 years in prison.

If someone died during a felony, you may find yourself facing a murder charge. If convicted, you may face the death penalty.

In addition to prison time, felony convictions often come with hefty fines. Fines for felony convictions can range from several thousand to tens of thousands of dollars.

If you have previously been convicted of two or more felonies and are convicted of a third, you may be designated a “Habitual Violent Offender.” Such a classification can carry harsher potential penalties and mandatory minimum sentences. Note that the State of Florida will take felony convictions in other states into account when determining whether to classify you as a habitual violent offender.

What is the 10-20-Life Law for Violent Felonies?

Florida’s 10-20-Life Law is part of an effort to crack down on gun violence. It imposes mandatory minimum sentences for crimes involving a firearm, even if the gun wasn’t used in the commission of a felony.

If you were found guilty of a felony and you had a firearm in your possession at the time, even if you didn’t fire it, you can face a mandatory 10-year minimum prison sentence.

If you fired the gun during the crime, whether anyone was harmed or not, you face a 20-year mandatory minimum sentence.

If you shot someone during a crime, regardless of the extent of their injuries and whether they died or not, you face a potential 25 years to life in prison.

Guns are a common element of many felony crimes, such as theft. Even having a gun can lead to a decade behind bars. Many Floridians lawfully carry firearms as part of their daily routines. This means that someone who finds themselves facing felony charges while legally in possession of a gun can quickly find themselves up against a potential mandatory sentence. That’s why if you or a loved one has been arrested for a violent felony in Fort Myers, you must contact our dedicated defense attorney to review all your legal options.

What Other Legal Consequences Are There for Violent Felonies?

Many people say “they’ve paid their debt to society” when referring to people recently released from prison. While this may be the concept behind incarceration, the truth is much harsher. Even after you have been released from jail, you will still be serving a kind of sentence for a felony conviction. This is because a felony conviction remains on your permanent criminal record. Being a convicted felon strips away certain rights and places certain ongoing restrictions on people. Being a convicted felon means a loss of voting and firearm rights. If you are a single parent, it may also impact child custody arrangements and the circumstances under which you can see your children.

Being a convicted violent felon also carries with it a heavy social stigma. Many people believe “once a criminal, always a criminal” and may fear living near or associating with someone whom they believe may harm them. This can make it challenging to find a place to live or to build and maintain interpersonal relationships.

A violent felony conviction can also restrict you from obtaining or maintaining specific professional licenses and certificates, such as those in education or health care. Due to concerns about safety as well as the stigma attached to violent crimes, many people do not want convicted felons working as teachers, doctors, or in other professions that bring people into contact with vulnerable individuals.

A violent crime conviction can also impact your general employability. If an employer determines that your criminal conviction may interfere with your ability to perform your job safely or may impact the safety of the workplace, it may affect your job prospects.

In many cases, people convicted of violent felonies find it impossible to date, marry, or find romantic partners. These are only a few potential consequences and complications beyond criminal penalties that someone might face following a violent felony conviction. That’s why if you or a loved one has been arrested for a violent felony in Fort Myers, you must contact us today.

What Should I Do if I’m Arrested for a Violent Felony?

Violent felony charges can literally mean the end of your life. Making sure you get the proper legal assistance for your violent felony crime case is essential to protecting your rights. Safeguarding your freedom can also salvage your future. Many parts of your life may be in jeopardy depending on the seriousness of the charges that have been pressed against you. That’s why you don’t just need an attorney, you need the best—you need Melissa Sherman at Sherman Defense Law, P.A.

Melissa Sherman has been successfully defending Floridians from violent felony charges for 15 years. Using her courtroom-tested Sherman Defense, she fights for every client to ensure they have the future they deserve.

Florida’s desire to fight crime is admirable, but the court system can be overzealous. Don’t let criminal charges spell the end of your future. If you or a loved one has been arrested for a violent felony in Fort Myers, call Sherman Defense Firm, P.A. today at (239) 284-5708 to schedule a consultation.