According to Miami-Dade Police Captain Shawn Browne, “We have an increase of violent crimes and gun violence here in our district and we are basically just trying to put an end to it.” The aftermath of multiple weeks of undercover police work meant that 13 people were arrested in targeted neighborhoods. Throughout “Operation Save Our Streets,” law enforcement went door to door in search of specific suspects, mostly in poor black communities. According to Captain Browne, “The goal is to pick up the ones [previously identified suspects] that we’ve identified in the shootings but we often come across other individuals, they often have outstanding warrants.” Many of these violations resulted in drug and weapon charges, as well as charges of assault, aggravated battery, and assault of a senior citizen, according to NBC Miami. However, roughly half were for misdemeanor offenses. Police raids have long wreaked havoc on financially stressed minority communities for decades, often resulting in lengthy prison sentences for minor drug possession and other types of offenses.
Aggravated Assault Without Attempt to Kill Vs. With Attempt to Kill
One of the suspects arrested in the recent Miami-Dade police raid of private homes was wanted for allegedly shooting three people late last year. As per Florida statute 784.021, aggravated assault with or without a deadly weapon is a third-degree murder. Conversely, attempted felony murder, as described in Florida statute 782.051, is a first-degree felony and is punishable by up to life in prison. No loss of life needs to have occurred for an attempted felony murder charge to be awarded. Defining the difference between intent to kill and intent to cause serious bodily harm is important for a defendant who wishes to spend as little time in prison as possible.
Upgraded Charges for Offenses Committed With Possession of a Firearm
As per Florida statute 775.087, unless a firearm is an essential element of the felony that a defendant is charged with (such as unlawful possession of a firearm), the mere presence of a firearm will automatically increase the degree of violent felony charge when the defendant “carries, displays uses, threatens to use, or attempts to use any weapon or firearm” during the commission of the offense. For example, a first-degree felony will be upgraded to a life felony, a second-degree felony upgraded to a first-degree felony, and a third-degree felony will be upgraded to a second-degree felony. Additionally, if a person possessed a firearm or destructive device during the commission of a violent crime, listed below, the mandatory minimum prison sentence shall be 20 years.
- Sexual battery;
- Aggravated battery;
- Aircraft piracy;
- Aggravated child abuse;
- Aggravated abuse of an elderly person or disabled adult;
- Unlawful throwing, placing, or discharging of a destructive device or bomb;
- Home-invasion robbery;
- Aggravated stalking; and
- Drug trafficking.
Contact Skier Law Firm Today
No matter the charge, if you have been arrested, do not hesitate to pick up the phone today and call the West Palm Beach criminal defense attorneys of the Skier Law Firm at (561) 220-3355 We are prepared to help you today.