While West Palm Beach is known for its beautiful beaches, vibrant downtown, and luxury shopping districts, our community faces the same public safety challenges as cities across America.
FBI data consistently shows that aggravated assault leads the nation’s violent crime statistics, followed by robbery, rape/sexual assault, and murder. These patterns are reflected in our own Palm Beach County communities, affecting neighborhoods across Palm Beach County.
As criminal defense attorneys in West Palm Beach, we’ve represented clients, both accused of and arrested for, a variety of violent crimes.
We’ve seen firsthand how a momentary lapse in judgment at a local bar can lead to aggravated assault charges. We’ve defended clients in sexual battery cases. We’ve protected clients who have been accused of murder. And we understand that behind every crime statistic is a real person whose life has been forever changed.
If you’re facing criminal charges in Palm Beach County, understanding how these offenses are defined – and prosecuted – is crucial.
In this article, we’ll break down the four most common violent crimes, explain the basics of how Florida law addresses each one, and discuss what to do if you find yourself involved in such a case.
Aggravated Assault
This is an unlawful attack by one person upon another for the purpose of inflicting severe bodily injury, often involving a weapon or means likely to produce death or great bodily harm.
A Common Scenario: At a bar one Saturday night, Michael, 32, has been drinking heavily while watching a basketball game. When Carlos, 28, accidentally bumps into him, spilling his drink, Michael becomes enraged. Despite David’s apologies and offer to buy another drink, Michael grabs his empty beer bottle, smashes it against the bar, and slashes at David’s face, causing deep lacerations across his cheek and neck requiring 17 stitches and leaving permanent scarring. Security cameras capture the entire incident, and multiple witnesses observe the attack.
Prosecutor’s vs. Criminal Defense Attorney’s Perspectives: A prosecutor would likely emphasize the disproportionate response to a minor accident, the use of a dangerous weapon (the broken bottle), and the severity of injuries. They could seek felony aggravated assault charges, potentially with additional charges for using a deadly weapon, carrying a sentence of 5-15 years depending on Michael’s criminal history.
A criminal defense attorney might argue for reduced charges based on intoxication affecting Michael’s judgment or claim provocation. They could pursue a plea deal for simple assault if they can demonstrate lack of premeditation.
Need advice from a criminal lawyer in West Palm Beach? Call Pakett Law today at 561-318-0531.
Robbery
Robbery is taking or attempting to take anything of value from another person by force, threat of force, or by putting the victim in fear.
A Common Scenario: Jessica, 35, leaves the local mall after shopping one evening, carrying bags and talking on her phone. As she walks to the parking garage, two men in hoodies approach from behind. One blocks her path while the other displays a knife, saying, “Give us everything or you get hurt.” Trembling, Jessica surrenders her wedding ring, Apple Watch, iPhone, wallet containing $200 and credit cards, and shopping bags worth approximately $1,200. The perpetrators order her to turn around and count to 100 before looking, then flee. Security cameras capture partial footage, though the suspects’ faces are mostly obscured.
Prosecutor’s vs. Criminal Defense Attorney’s Perspectives: A prosecutor could pursue armed robbery charges (a first-degree felony in Florida), emphasizing the use of a weapon, coordination between perpetrators suggesting premeditation, and the psychological trauma inflicted. With the multiple items taken and coordinated approach, the amount of time spent in jail could be quite long.
A criminal defense attorney could examine whether the knife was actually displayed or merely implied, potentially arguing for a lesser charge of strong-arm robbery instead of armed robbery. They might challenge identification evidence if it relies solely on partial security footage.
Sexual Battery (Rape/Sexual Assault)
This is sexual activity forced upon another person without consent or against their will, through force, threat, or when the victim is incapable of giving consent.
A Common Scenario: During a house party, Taylor, 24, has two drinks over several hours while socializing. Unbeknownst to Taylor, another guest, Jordan, 29, asks the host about Taylor and later slips something into Taylor’s drink. As Taylor begins feeling dizzy and disoriented, Jordan offers to help find a quiet place to rest and leads Taylor to an upstairs bedroom. Despite Taylor’s semi-conscious state and mumbled objections, Jordan sexually assaults Taylor. The next morning, Taylor wakes with fragmented memories but physical evidence of assault, and immediately seeks medical attention at the local hosptical where a sexual assault examination is performed.
Prosecutor’s vs. Criminal Defense Attorney’s Perspectives: A prosecutor would emphasize that an incapacitated person cannot legally consent, focusing on evidence of drugging, premeditation, and Taylor’s documented attempts to object. They would use medical evidence, witness testimony about Taylor’s condition, and any electronic communications showing Jordan’s intent. In Florida, this would likely be prosecuted as sexual battery, a first-degree felony carrying potential penalties of up to 30 years imprisonment.
A criminal defense attorney might argue the encounter was consensual, pointing to Taylor’s voluntary alcohol consumption and claiming Taylor never explicitly refused consent. They might challenge toxicology results or claim their client was also intoxicated and misinterpreted signals.
Need advice from a criminal lawyer in West Palm Beach? Call Pakett Law today at 561-318-0531.
Murder
In Florida, murder is defined as the unlawful killing of a human being. This definition includes both premeditated and non-premeditated killings, as well as killings that occur during the commission of certain felonies.
A Common Scenario: In Northwood Hills, neighbors Richard, 58, and Thomas, 61, have engaged in escalating disputes over six months regarding property boundaries, noise complaints, and Richard’s barking dog. After receiving a noise violation citation following Thomas’s complaint, Richard becomes increasingly hostile. Security footage shows Richard researching Thomas’s schedule and purchasing a handgun. On a Tuesday morning when Thomas is retrieving mail, Richard approaches him, initiates another argument about the noise complaints, then pulls out a 9mm handgun and fires three shots at close range, striking Thomas in the chest and abdomen. Despite neighbors calling 911 immediately, Thomas dies before emergency services arrive. Richard returns to his home where police arrest him twenty minutes later, still in possession of the weapon.
Prosecutor’s vs. Criminal Defense Attorney’s Perspectives: A prosecutor would charge first-degree murder, emphasizing the evidence of premeditation (researching Thomas’s schedule, purchasing the weapon), the history of disputes establishing motive, and the deliberate approach and execution. They would use the security footage and witness statements to demonstrate this was not a spontaneous act but calculated. In Florida, this could result in life imprisonment without parole or potentially capital punishment depending on aggravating factors.
A criminal defense attorney would likely pursue a heat of passion defense, arguing the killing resulted from provocation during an ongoing dispute rather than premeditation. Alternatively, they might pursue a self-defense claim if they could establish Richard felt threatened, though security footage would make this difficult.
Violent Crime in West Palm Beach is Often Complex – And the Real Reason Why You Need a Good Defense Lawyer on Your Side
The scenarios presented above are just examples. They are designed to demonstrate potential scenarios and potential legal outcomes in cases involving violent crimes.
We have simplified them for educational purposes. They should not be considered comprehensive legal analyses or predictions. Real-world cases like you read about in the news involve countless variables including specific laws, individual case facts, quality of evidence, witness testimony, prosecutorial discretion, defense strategies, and judicial interpretation.
Because of the complexity of prosecuting and defending these cases, it’s recommended that you hire the best attorney possible. As local West Palm criminal lawyers, we know that experience matters.
Pakett Law’s Violent Crime Attorneys in West Palm Beach Can Help
At Pakett Law, we defend clients charged with violent crimes. If you or someone you love has been arrested, don’t wait to find out how serious the situation really is.
Call us today for a free, confidential consultation – and let’s protect your rights immediately.
Talk to a Criminal Defense Attorney in West Palm Beach Today
If you’ve been charged with a crime or are under investigation, the best time to hire a criminal defense attorney is immediately. Already arrested? You’re likely to have question too. That’s why we are here.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.