Violent Crime Laws

Crimes that involve the use of physical force or a threat of harm to another person often carry heavy penalties. Someone suspected of committing a violent crime should not talk to law enforcement in an effort to clear their name, even if they think that they have done nothing wrong. This often makes the situation worse instead of better. Instead, a defendant should contact a lawyer experienced in these types of cases. They can handle any interactions with police officers or prosecutors, ensuring that the defendant does not unknowingly act against their interests.

Below is a discussion of selected crimes of violence, including their elements, some possible defenses, and examples of situations in which they may be charged.

Assault and Battery

Often lumped together, assault and battery traditionally consisted of two separate crimes. Assault involved putting someone else in reasonable fear of imminent harm, while battery essentially involved following through on that threat and causing harmful or offensive contact. Many states now combine these crimes, defining “assault” to include contact or injury.

A defendant charged with assault and battery or a similar offense sometimes might raise self-defense. This means that they reasonably believed that the alleged victim was about to harm them, and they used force proportionate to the threat. Another strategy might involve arguing that the defendant lacked intent. Perhaps they caused the contact accidentally.

Rape

Sexual intercourse without consent is generally considered rape. (Some states now use terms such as “sexual assault” or “sexual battery” instead.) Rape often involves force or a threat that prevented resistance, although some charges arise from situations in which a victim was unable to provide valid consent. For example, perhaps they were incapacitated by alcohol or drugs. Some laws explicitly extend non-consent in rape cases to any situation in which a person indicated that they did not consent.

Probably the most common defense to a rape charge is that the affected person provided valid consent, unless the statute presumes that this would be impossible under the facts of the case. A defendant also might argue that they were misidentified. Presenting an alibi to show that they were somewhere else when the crime occurred might defeat a charge.

Kidnapping

Kidnapping generally involves moving a person from one place to another against their will. However, it also may consist of confining someone in an isolated place without their consent. Some states further require that the defendant had a prohibited purpose in moving or confining the person. For example, this may involve holding them for ransom, assaulting or sexually assaulting them, or trying to commit a felony.

A defendant charged with kidnapping might claim that the person consented to the movement, or that the defendant thought that the person consented. If the statute enumerates specific purposes, a defendant might argue that they did not have one of these purposes. Kidnapping statutes also may provide specific affirmative defenses.

Arson

Starting a fire or causing an explosion that damages property may be charged as arson. A prosecutor often also needs to prove some form of intent or recklessness. While arson historically was limited to dwellings, modern laws tend to extend much more broadly. However, the type of property damaged may affect the penalties.

Defenses available to an arson charge may include a lack of intent or any other required mental state. A defendant also might argue that the fire arose from another cause. In other situations, a defendant might have been legally authorized or permitted to start the fire.

Domestic Violence

A wide range of conduct may fall within the definition of domestic violence, ranging from physical acts to stalking or threats. In addition to proving that the defendant engaged in certain conduct, the prosecutor needs to show a particular relationship between the defendant and the affected person. Covered people generally include current and former spouses or other romantic or intimate partners, as well as various family members. Some laws extend further to cover people such as roommates.

A defendant might raise self-defense or a similar argument called defense of others, which means that they used force to protect someone else. They also might argue that the alleged victim consented to the conduct or that they were falsely accused. Perhaps the accuser had an ulterior motive, such as getting an advantage in a child custody dispute.

Child Abuse

Many states have enacted laws that specifically protect children from certain types of harm. These laws may extend beyond physical abuse to mental or psychological abuse, as well as neglect of a child’s basic needs. People designated as “mandated reporters” must notify the authorities whenever they reasonably suspect abuse.

One of the main defenses to a child abuse charge is that the defendant did not cause the injury. Children may get hurt for a myriad of reasons involving their own immaturity and inexperience. A parent charged with abuse also might argue that they were legitimately disciplining their child, although excessive discipline may cross the line into abuse. Or perhaps someone reported abuse based on misunderstanding something that they saw or heard.

Penalties for Violent Crimes

States have enacted a variety of sentencing schemes for defendants convicted of violent crimes. Some of these convictions may lead to a long time in prison. Here are examples of sentences for various violent crimes in California:

• Assault: up to 6 months
• Battery: up to 6 months
• Rape: 3, 6, or 8 years
• Kidnapping: 3, 5, or 8 years
• Arson of a structure: 2, 4, or 6 years
• Domestic violence involving strangulation: up to 1 year in jail, or 2, 3, or 4 years in prison
• Child abuse: up to 1 year in jail, or 2, 4, or 6 years in prison
• Child neglect: up to 1 year

Meanwhile, here are potential terms of imprisonment for various violent crimes in Florida:

• Assault: up to 60 days
• Battery: up to 1 year
• Sexual battery (rape): up to 15 years
• Kidnapping: life or up to 30 years
• Arson: up to 15 years
• Domestic battery by strangulation: up to 5 years
• Child abuse or neglect: up to 5 years

Certain types of violent crimes may result in additional sanctions. For example, someone convicted of rape likely will need to register as a sex offender, while someone convicted of a domestic violence offense may face a restraining order. Failing to comply with these requirements could lead to additional charges.

Last reviewed August 2024