Violent Crime Defense Attorneys in Polk County, FL
A knock on the door or the click of handcuffs on Main Street in Bartow can change your life in a heartbeat. When Florida law enforcement officers arrest you for a crime of violence, the state begins building a case designed to take away your freedom. You are likely feeling overwhelmed, but the decisions you make in the next 24 hours will dictate your future for years to come.
The Law Firm of Gil Colón, Jr. steps into the gap for individuals facing the Florida criminal justice system. Whether the allegations involve a domestic dispute in Lakeland or a serious felony charge in Winter Haven, our legal team provides the aggressive defense you need. We understand that a conviction for violent crimes carries a permanent criminal record and the possibility of life in prison.
You cannot afford to wait for the state to make the first move. Our violent crime defense attorneys in Polk County, FL, are ready to challenge the prosecution’s evidence and fight for your constitutional rights.
Call 863-622-9602 immediately to schedule a confidential consultation with our Polk County criminal lawyers. We are located just two blocks from the courthouse and are ready to act now.
Aggressive Legal Representation for Violent Offenses in Florida
Florida prosecutors pursue violent crime charges with a level of intensity rarely seen in other cases. Under Florida Statute § 775.087, many violent offenses fall under mandatory minimum sentencing guidelines, often referred to as “10-20-Life” when a firearm is involved. This means a judge may have very little discretion in your sentencing if you are proven guilty.
Our law firm handles a wide array of violent criminal charges, including:
- Murder and Manslaughter
- Attempted Murder
- Robbery and Armed Robbery
- Carjacking
- Kidnapping and False Imprisonment
- Aggravated Battery and Felony Battery
- Aggravated Assault
The legal process is complex, but our team has a deep understanding of how local prosecutors evaluate cases. Gil Colón, Jr. is a former prosecutor with over 35 years of experience. He knows how the state builds its file, which allows our firm to identify weaknesses in their narrative before the case even reaches a jury.
Understanding Aggravated Assault Under Florida Law
In Florida, assault is more than just a physical fight. According to Florida Statute § 784.011, an assault is an intentional, unlawful threat by word or act to do violence to another person. To be convicted, the state must prove you had the apparent ability to carry out the threat and created a well-founded fear in the victim.
Aggravated assault elevates this to a third-degree felony. This occurs if the assault is committed with a deadly weapon without intent to kill or with an intent to commit a felony. Under Florida Statute § 784.021, a conviction can result in up to five years in prison. Even so, if a firearm is possessed during the assault, a three-year mandatory minimum prison sentence may apply under Florida Statute § 775.087(2)(a)1.
Our violent crime defense attorney team looks for every possible defense in these cases. Was there an actual deadly weapon? Did the other person have a legitimate reason to feel fear? Often, these cases stem from heated arguments where no violence actually occurred, yet the legal consequences remain life-altering.
Battery and Aggravated Battery Charges
While assault involves threats, battery involves actual physical contact. Under Florida Statute § 784.03, battery occurs when a person actually and intentionally touches or strikes another person against their will.
Aggravated battery is a second-degree felony, punishable by up to 15 years in Florida state prison. This charge applies if the defendant intentionally causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon during the commission of the battery according to Florida Statute § 784.045.
If you are facing these criminal charges, the prosecution will often rely on witness testimony that may be biased or inaccurate. Our legal practice focuses on cross-examining these witnesses and uncovering the truth of what happened during the incident.
Defending Domestic Violence Cases in Polk County
Domestic violence cases are unique because they often involve personal relationships and family law issues. Florida law defines domestic violence under Statute § 741.28 as any criminal offense resulting in physical injury or death of one family or household member by another.
These allegations can trigger immediate consequences, such as:
- A “No Contact” order that prevents you from going to your own home.
- Complications in child custody or pending family law cases.
- Loss of the right to possess firearms under federal and state law.
- A mandatory minimum of 10 days in county jail for a first offense if bodily injury is caused, per Florida Statute § 741.283.
Domestic violence cases frequently involve someone being falsely accused during a divorce or custody battle. We investigate the motives behind the allegations to ensure the court sees the full picture. Our experience in both criminal law and family law gives us the perspective necessary to manage these overlapping legal matters.
The Reality of Manslaughter and Murder Charges
Homicide charges are the most serious legal issues anyone can face. In Florida, manslaughter involves the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification. It is generally a second-degree felony under Florida Statute § 782.07.
Murder charges are classified by degrees. First-degree murder is a capital felony, potentially carrying the death penalty or life without parole. Second-degree murder involves an act imminently dangerous to another and evincing a “depraved mind” regardless of human life, but without a premeditated design, as outlined in Florida Statute § 782.04.
In these high-stakes criminal trials, every piece of forensic evidence and every law enforcement report must be scrutinized. We work with experienced legal professionals and investigators to challenge DNA evidence, ballistics, and witness identifications. You are presumed innocent until proven guilty, and we intend to keep it that way.
Why Your Choice of Legal Representation Matters
In Polk County, the state attorney’s office is known for being tough. You need a criminal defense attorney who is in the court every day and has an established presence with judges and prosecutors. Gil Colón, Jr. is one of only three local Hispanic attorneys and is the oldest and most experienced among them. Being bicultural and bilingual allows our firm to communicate effectively with a diverse range of clients and juries.
Too many attorneys avoid the courtroom, preferring to push for any plea deal just to close the file. While plea bargaining is a tool we use when it serves your best interests, we are never afraid of criminal trials. We prepare every case as if it is going to a jury, which often gives us the leverage needed to secure a dismissal or a reduction in charges before a trial even begins.
Strategies to Fight Violent Crime Charges
There are several ways to defend against violent crime allegations in Florida. Our law office explores every avenue, including:
Self-Defense and Stand Your Ground
Florida’s “Stand Your Ground” law under Statute § 776.012 allows individuals to use non-deadly or deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm. We can file motions to dismiss based on immunity if your actions were a justifiable use of force.
Lack of Intent
Many violent crimes require the state to prove specific intent. If the incident was an accident or there was no intent to cause harm, the charges may not hold up under the scrutiny of Florida criminal law.
Alibi and Misidentification
In the chaos of a violent encounter, witnesses often make mistakes. We use technology, surveillance footage, and phone records to establish where you were and challenge the reliability of the state’s identification.
Violations of Constitutional Rights
If law enforcement conducted an illegal search or failed to read your Miranda rights during a custodial interrogation, we can move to suppress the evidence they gathered. Excluding a single statement or a piece of physical evidence can lead to a case being dismissed.
Navigating the Florida Criminal Justice System
From the initial consultation to the final resolution, the legal process can be confusing. After an arrest in Polk County, you will attend a first appearance hearing within 24 hours per Florida Rule of Criminal Procedure 3.130. This is where a judge determines if there was probable cause for the arrest and sets a bond.
Following this, the state attorney decides whether to file formal charges. This period is a critical window for your criminal defense lawyer to present mitigating evidence or highlight flaws in the police report. Our goal is always to prevent formal charges from being filed whenever possible.
If the case proceeds, we enter the discovery phase. This is where we receive all the evidence the state has against you. We depose witnesses, review body camera footage, and prepare our counter-arguments. Throughout this time, we will discuss your legal options, including the pros and cons of a plea deal versus taking the case to trial.
The Long-Term Impact of a Conviction
A conviction for a violent crime stays with you forever. Unlike some misdemeanor charges or drug crimes, most violent felonies in Florida cannot be expunged or sealed if they result in an adjudication of guilt, as stated in Florida Statute § 943.059. This means a permanent criminal record that any employer, landlord, or licensing board can see.
Beyond the threat of prison, you face:
- Loss of civil rights, including the right to vote.
- Inability to legally own or possess a firearm.
- Difficulty obtaining professional licenses.
- Damage to personal relationships and community standing.
This is why you need a law firm that understands the gravity of your situation. We don’t just see a case number; we see a person whose entire future is on the line. Our deep understanding of the law and the local court system allows us to pursue favorable outcomes that reflect your best interests.
Contact a Polk County Criminal Defense Attorney Today
If you are facing criminal charges, time is your greatest enemy. The prosecution is already working. You need a team that offers both legal assistance and a clear path forward. The Law Firm of Gil Colón, Jr. provides the authoritative and persuasive defense necessary to protect your life.
Whether you are dealing with aggravated assault, domestic violence, or complex felony charges, we have the experience to handle it. We are available when you need us most. Our bicultural background and 35 years of legal practice in Polk County make us uniquely qualified to stand by your side.
Don’t leave your freedom to chance
Contact The Law Firm of Gil Colón, Jr. at 863-622-9602 to schedule your free consultation. Our office is located just two blocks from the Polk County Courthouse in Bartow, and we are in the court every day fighting for our clients.
