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Felony Crimes


A felony is a serious crime, either violent or non-violent (property, drug, white-collar), with potential punishment of one year or longer in prison or even death. These crimes are not limited to, but include aggravated assault and/or battery, arson, burglary, fraud, kidnapping, racketeering, espionage, murder, rape, tax evasion, treason, grand theft, illegal drug abuse and/or sales, and embezzlement.


If you have been convicted or accused of committing a felony, you must find a good criminal defense lawyer immediately.


  • Aggravated Battery/Assault:

    Aggravated battery/assault is knowingly and willingly attacking someone to cause bodily harm, permanent disfigurement, and/or permanent disability against the will of the assaulted/battered.


    784.041 Felony battery.
    1. A person commits felony battery if he or she:
      1. Actually and intentionally touches or strikes another person against the will of the other; and
      2. Causes great bodily harm, permanent disability, or permanent disfigurement.
    2. A person who commits felony battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    784.045 Aggravated battery.
    (1)(a) A person commits aggravated battery who, in committing battery:
    1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
    2. Uses a deadly weapon.
    (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
    (2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    784.021 Aggravated assault.
    1. An "aggravated assault" is an assault:
      1. With a deadly weapon without intent to kill; or
      2. With an intent to commit a felony.
    2. Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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  • Battery on an Officer:

    This is an extremely common felony that police officers often use to gain control of the situation and/or demonstrate their authority. Many who are arrested for battery have a difficulty understanding why they were arrested, let alone charged with the assault. For the correct use, battery is knowlingly and willingly attacking a police officer not in defense.


    784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.

    1. As used in this section, the term:
      1. "Law enforcement officer" includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; employee or agent of the Department of Corrections who supervises or provides services to inmates; officer of the Parole Commission; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.
      2. "Firefighter" means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires.
      3. "Emergency medical care provider" means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term "emergency medical care provider" also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital's emergency department or the security thereof.
      4. "Public transit employees or agents" means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l).

    2. Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, intake officer, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:
      1. In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
      2. In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
      3. In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
      4. In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.

    3. Any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:
      1. A "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.
      2. A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.
      Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.
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  • Burglary:

    Felony burglary is the act of stealing items, possessions, and/or money from a house, dwelling, or any structure that does not belong to the burglar.


    810.02 Burglary
      (1)(a) For offenses committed on or before July 1, 2001, "burglary" means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
      (b) For offenses committed after July 1, 2001, "burglary" means:
    1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
    2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
      1. Surreptitiously, with the intent to commit an offense therein;
      2. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
      3. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

    3. (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
      1. Makes an assault or battery upon any person; or
      2. Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
      3. Enters an occupied or unoccupied dwelling or structure, and:
        1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or
        2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

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    4. Child Abuse/Neglect:

      The act of not taking care of (neglect), abusing (through mental, physical, or psychological means) a child, as under 18 years of age, which is intentionally done to create bodily harm, permanent disability or permanent disfigurement.


      827.03 Abuse, aggravated abuse, and neglect of a child; penalties
      1. ) "Child abuse" means:
        1. Intentional infliction of physical or mental injury upon a child;
        2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
        3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
        A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      2. ) "Aggravated child abuse" occurs when a person:
        1. Commits aggravated battery on a child;
        2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
        3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
        A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      3. )(a) "Neglect of a child" means:
        1. A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
        2. A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.


        Neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

      4. (b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
        (c) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      5. ) For purposes of this section, "maliciously" means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.
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  • False Imprisonment/Kidnapping:

    Kidnapping is the act of forcibly taking and imprisoning or confining a child of under 13 years of age in the act of human trafficking, interference of custody, removing minors from state contrary of state order, and luring/enticing a child for ransom/reward.


    False Imprisonment / Kidnapping
    787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances.

    787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances.

    787.025 Luring or enticing a child.

    787.03 Interference with custody.

    787.04 Removing minors from state or concealing minors contrary to state agency order or court order.

    787.05 Unlawfully obtaining labor or services.

    787.06 Human trafficking.

    787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances.
      (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
    • Hold for ransom or reward or as a shield or hostage.
    • Commit or facilitate commission of any felony.
    • Inflict bodily harm upon or to terrorize the victim or another person.
    • Interfere with the performance of any governmental or political function.


    • (b) Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.
      (2) A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
      (3)(a) A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:

    • Aggravated child abuse, as defined in s. 827.03;
    • Sexual battery, as defined in chapter 794, against the child;
    • Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04;
    • A violation of s. 796.03 or s. 796.04, relating to prostitution, upon the child; or
    • Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151, commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    • (b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the life felony described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5.
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  • Forgery:

    The act of signing someone else's name on a document, check, or otherwise, claiming that the other has willingly signed the document, without the consent or knowledge of the other. This includes altering, counterfeits, false or forged documents.


    831.09 Uttering forged bills, checks, drafts, or notes.

    Whoever utters or passes or tenders in payment as true, any such false, altered, forged, or counterfeit note, or any bank bill, check, draft, or promissory note, payable to the bearer thereof or to the order of any person, issued as aforesaid, knowing the same to be false, altered, forged, or counterfeit, with intent to injure or defraud any person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


    831.10 Second conviction of uttering forged bills.

    Whoever, having been convicted of the offense mentioned in s. 831.09 is again convicted of the like offense committed after the former conviction, and whoever is at the same term of the court convicted upon three distinct charges of such offense, shall be deemed a common utterer of counterfeit bills, and shall be punished as provided in s. 775.084.


    831.11 Bringing into the state forged bank bills, checks, drafts, or notes.

    Whoever brings into this state or has in his or her possession a false, forged, or counterfeit bill, check, draft, or note in the similitude of the bills or notes payable to the bearer thereof or to the order of any person issued by or for any bank or banking company established in this state, or within the United States, or any foreign province, state or government, with intent to utter and pass the same or to render the same current as true, knowing the same to be false, forged, or counterfeit, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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  • Grand Theft:

    The act of stealing and keeping something away from another person that is rightfully theirs, with intent to use it yourself and not returning it, where the value of the item(s) stolen are $300 or more, varying on the item.


    812.014 Theft.
    1. A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
      1. Deprive the other person of a right to the property or a benefit from the property.
      2. Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
      (2)(a)1. If the property stolen is valued at $100,000 or more; or
    2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock; or
    3. If the offender commits any grand theft and:
      1. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or
      2. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000, the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
    1. (b) If the property stolen is valued at $20,000 or more, but less than $100,000;
    2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper's loading platform to the consignee's receiving dock; or
    3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401, the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(10) or to treat medical emergencies.
    (c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:
    1. Valued at $300 or more, but less than $5,000.
    2. Valued at $5,000 or more, but less than $10,000.
    3. Valued at $10,000 or more, but less than $20,000.
    4. A will, codicil, or other testamentary instrument.
    5. A firearm.
    6. A motor vehicle, except as provided in paragraph (2)(a).
    7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class, or other grazing animal, and including aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed.
    8. Any fire extinguisher.
    9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
    10. Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d).
    11. Any stop sign.
    12. Anhydrous ammonia.
    (d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
    (e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.

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  • Homicide/Murder:

    The knowing intent to cause an unlawful death of a human being.


    782.04 Murder.
      (1)(a) The unlawful killing of a human being:
    1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
    2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:
      1. Trafficking offense prohibited by s. 893.135(1),
      2. Arson,
      3. Sexual battery,
      4. Robbery,
      5. Burglary,
      6. Kidnapping,
      7. Escape,
      8. Aggravated child abuse,
      9. Aggravated abuse of an elderly person or disabled adult,
      10. Aircraft piracy,
      11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
      12. Carjacking,
      13. Home-invasion robbery,
      14. Aggravated stalking,
      15. Murder of another human being,
      16. Resisting an officer with violence to his or her person,
      17. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or
    3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

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  • Lewd/Lascivious Conduct (Indecent Exposure):

    Indecent exposure is the act of exposing sexual organs to the public in a public or private premise of another's territory. Breastfeeding does not count as indecent exposure under any circumstance.


    800.02 Unnatural and lascivious act

    A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.


    800.03 Exposure of sexual organs

    It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.


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  • Practicing without License - Dentistry:

    The act of practising dentistry without a license, misleading the public.


    466.026 Prohibitions; penalties.
    1. ) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
      1. Practicing dentistry or dental hygiene unless the person has an appropriate, active license issued by the department pursuant to this chapter.
      2. Using or attempting to use a license issued pursuant to this chapter which license has been suspended or revoked.
      3. Knowingly employing any person to perform duties outside the scope allowed such person under this chapter or the rules of the board.
      4. Giving false or forged evidence to the department or board for the purpose of obtaining a license.
      5. Selling or offering to sell a diploma conferring a degree from a dental college or dental hygiene school or college, or a license issued pursuant to this chapter, or procuring such diploma or license with intent that it shall be used as evidence of that which the document stands for, by a person other than the one upon whom it was conferred or to whom it was granted.
    2. )Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
      1. Using the name or title "dentist," the letters "D.D.S." or "D.M.D.", or any other words, letters, title, or descriptive matter which in any way represents a person as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the teeth or jaws or oral-maxillofacial region unless the person has an active dentist's license issued by the department pursuant to this chapter.
      2. Using the name "dental hygienist" or the initials "R.D.H." or otherwise holding herself or himself out as an actively licensed dental hygienist or implying to any patient or consumer that she or he is an actively licensed dental hygienist unless that person has an active dental hygienist's license issued by the department pursuant to this chapter.
      3. Presenting as her or his own the license of another.
      4. Knowingly concealing information relative to violations of this chapter.
      5. Performing any services as a dental assistant as defined herein, except in the office of a licensed dentist, unless authorized by this chapter or by rule of the board.
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  • Practicing without License - Medicine:

    Knowingly misleading the public and practicing or attempting to practice medicine without a license.


    458.327 Penalty for violations.
    1. ) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
      1. The practice of medicine or an attempt to practice medicine without a license to practice in Florida.
      2. The use or attempted use of a license which is suspended or revoked to practice medicine.
      3. Attempting to obtain or obtaining a license to practice medicine by knowing misrepresentation.
      4. Attempting to obtain or obtaining a position as a medical practitioner or medical resident in a clinic or hospital through knowing misrepresentation of education, training, or experience.
    2. ) Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
      1. Knowingly concealing information relating to violations of this chapter.
      2. Making any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.
      3. Referring any patient, for health care goods or services, to a partnership, firm, corporation, or other business entity in which the physician or the physician's employer has an equity interest of 10 percent or more unless, prior to such referral, the physician notifies the patient of his or her financial interest and of the patient's right to obtain such goods or services at the location of the patient's choice. This section does not apply to the following types of equity interest:
        1. The ownership of registered securities issued by a publicly held corporation or the ownership of securities issued by a publicly held corporation, the shares of which are traded on a national exchange or the over-the-counter market;
        2. A physician's own practice, whether he or she is a sole practitioner or part of a group, when the health care good or service is prescribed or provided solely for the physician's own patients and is provided or performed by the physician or under the physician's supervision; or
        3. An interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or is otherwise unrelated to fair market value.

      (d) Leading the public to believe that one is licensed as a medical doctor, or is engaged in the licensed practice of medicine, without holding a valid, active license.
      (e) Practicing medicine or attempting to practice medicine with an inactive or delinquent license.
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  • Probation Violations:

    If you violate your probation, you will be facing the same punishment that you would have originally received when you were accused of the crime. It is no longer important whether or not you actually have committed the underlying crime, took a plea, or have a defense to the underlying crime.


    948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.

    (1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any parole or probation supervisor may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and forthwith return him or her to the court granting such probation or community control.

    (b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control.

    (c) Any parole or probation supervisor, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant.

    (d) Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation. Notwithstanding the tolling of probation as provided in this subsection, the court shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period. The probation officer is permitted to continue to supervise any offender who remains available to the officer for supervision until the supervision expires pursuant to the order of probation or community control or until the court revokes or terminates the probation or community control, whichever comes first.

    (2)(a) The court, upon the probationer or offender being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program.

    (b) If probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation or the offender into community control.

    (c) If such violation of probation or community control is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation or community control violation.

    (d) If such charge is not at that time admitted by the probationer or offender and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel.

    (e) After such hearing, the court may revoke, modify, or continue the probation or community control or place the probationer into community control. If such probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer or offender on probation or into community control.

    (f) Notwithstanding s. 775.082, when a period of probation or community control has been tolled, upon revocation or modification of the probation or community control, the court may impose a sanction with a term that when combined with the amount of supervision served and tolled, exceeds the term permissible pursuant to s. 775.082 for a term up to the amount of the tolled period of supervision.

    (g) If the court dismisses an affidavit alleging a violation of probation or community control, the offender's probation or community control shall continue as previously imposed, and the offender shall receive credit for all tolled time against his or her term of probation or community control.


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  • Resisting with Violence:

    Violent resisting is willingly resisting, obstructing and/or opposing any officer.


    843.01 Resisting officer with violence to his or her person.

    Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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  • Robbery Offense:

    The sudden taking of money or other valuables from someone, with intent to permanently or temporarily deprive the owner of the money or valuables, by using force, violence, assault, or deliberately instigating fear or a fearful response. This includes robbery, sudden snatching, car-jacking and sudden home invasion robbery.


    812.13 Robbery
    1. "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
    2. (a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
      (b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
      (c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    3. (a) An act shall be deemed "in the course of committing the robbery" if it occurs in an attempt to commit robbery or in flight after the attempt or commission.
      (b) An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
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  • Sexual Battery:

    The use of sexual means to cause bodily harm or pain, permanent disfigurement, or permanent disability. means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.


    794.011 Sexual battery.
    1. ) As used in this chapter:
      1. ) "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.
      2. ) "Mentally defective" means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
      3. ) "Mentally incapacitated" means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.
      4. ) "Offender" means a person accused of a sexual offense in violation of a provision of this chapter.
      5. ) "Physically helpless" means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
      6. ) "Retaliation" includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.
      7. ) "Serious personal injury" means great bodily harm or pain, permanent disability, or permanent disfigurement.
      8. ) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.
      9. ) "Victim" means a person who has been the object of a sexual offense.
      10. ) "Physically incapacitated" means bodily impaired or handicapped and substantially limited in ability to resist or flee.
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  • Tampering:

    Tampering with evidence in a case or tampering with witnesses through threats and intimidation, physical force, or engaging in misleading conduct with intent to cause or induce a withold or change in testimony is a felony crime.


    914.22 Tampering with a witness, victim, or informant.
    1. ) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:
      1. Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;
      2. Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;
      3. Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;
      4. Be absent from an official proceeding to which such person has been summoned by legal process;
      5. Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or
      6. Testify untruthfully in an official investigation or an official proceeding, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    2. ) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from:
      1. Attending or testifying in an official proceeding or cooperating in an official investigation;
      2. Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding;
      3. Arresting or seeking the arrest of another person in connection with an offense; or
      4. Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;
      5. or attempts to do so, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    3. ) For the purposes of this section:
      1. An official proceeding need not be pending or about to be instituted at the time of the offense; and
      2. The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.
    4. ) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance:
      1. That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the state, a state or local grand jury, or a state agency; or
      2. That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant.
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  • Weapon Offenses - Concealed Firearm, Deadly Missle:

    Concealing a weapon or owning a weapon without a license, especially using or wearing, are all felony charge.


    790.001 Definitions.

    790.01 Carrying concealed weapons.

    790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity.

    790.02 Officer to arrest without warrant and upon probable cause.

    790.051 Exemption from licensing requirements; law enforcement officers.

    790.052 Carrying concealed firearms; off-duty law enforcement officers.

    790.053 Open carrying of weapons.

    790.054 Prohibited use of self-defense weapon or device against law enforcement officer; penalties.

    790.06 License to carry concealed weapon or firearm.

    790.061 Judges and justices; exceptions from licensure provisions.

    790.065 Sale and delivery of firearms.

    790.0655 Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties.

    790.07 Persons engaged in criminal offense, having weapons.

    790.08 Taking possession of weapons and arms; reports; disposition; custody.

    790.09 Manufacturing or selling slungshot.

    790.10 Improper exhibition of dangerous weapons or firearms.

    790.11 Carrying firearms in national forests prohibited.

    790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.

    790.12 Permit may be granted by county commissioners.

    790.14 Penalty for violation of ss. 790.11 and 790.12.

    790.145 Crimes in pharmacies; possession of weapons; penalties.

    790.15 Discharging firearm in public.

    790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.

    790.153 Tests for impairment or intoxication; right to refuse.

    790.155 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.

    790.157 Presumption of impairment; testing methods.

    790.16 Discharging machine guns; penalty.

    790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.

    790.1612 Authorization for governmental manufacture, possession, and use of destructive devices.

    790.1615 Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty.

    790.162 Threat to throw, project, place, or discharge any destructive device, felony; penalty.

    790.163 False report about planting bomb, explosive, or weapon of mass destruction; penalty.

    790.164 False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property; penalty; reward.

    790.165 Planting of "hoax bomb" prohibited; penalties.

    790.166 Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited; definitions; penalties.

    790.169 Juvenile offenders; release of names and addresses.

    790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited.

    790.173 Legislative findings and intent.

    790.174 Safe storage of firearms required.

    790.175 Transfer or sale of firearms; required warnings; penalties.

    790.18 Sale or transfer of arms to minors by dealers.

    790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.

    790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.

    790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.

    790.225 Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty.

    790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.

    790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence; penalties.

    790.235 Possession of firearm or ammunition by violent career criminal unlawful; penalty.

    790.24 Report of medical treatment of certain wounds; penalty for failure to report.

    790.25 Lawful ownership, possession, and use of firearms and other weapons.

    790.256 Public service announcements.

    790.27 Alteration or removal of firearm serial number or possession, sale, or delivery of firearm with serial number altered or removed prohibited; penalties.

    790.28 Purchase of rifles and shotguns in contiguous states.

    790.29 Paramilitary training; teaching or participation prohibited.

    790.31 Armor-piercing or exploding ammunition or dragon's breath shotgun shells, bolo shells, or flechette shells prohibited.

    790.33 Field of regulation of firearms and ammunition preempted.

    790.331 Prohibition of civil actions against firearms or ammunition manufacturers, firearms trade associations, firearms or ammunition distributors, or firearms or ammunition dealers.

    790.333 Sport shooting and training range protection; liability; claims, expenses, and fees; penalties; preemption; construction.

    790.335 Prohibition of registration of firearms.

    790.336 Lists, records, or registries to be destroyed.

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