Criminal Defense Against Battery, Murder And Other Violent Crime Charges

Last updated on March 9, 2026

When it comes to violent crimes, both the state and federal courts impose harsh penalties. Florida has a zero tolerance policy for firearms violations, and under the sentencing guidelines and Florida’s 10-20-Life law, you may be facing up to life in prison for a firearm conviction.

Don’t let the prosecution’s claims go unchallenged. Put the Fort Myers criminal defense lawyers at Aiken & O’Halloran on your side today. Our attorneys are former prosecutors who now successfully defend clients facing serious criminal charges.

For a free consultation, please call Aiken & O’Halloran at 239-955-6715 or complete our contact form. We represent clients throughout Fort Myers and the surrounding areas.

Accused Of A Violent Crime In Southwest Florida?

At Aiken & O’Halloran, criminal defense attorneys Peter Aiken and Sean O’Halloran represent clients accused of various violent crimes. Our experienced team thoroughly explores all possible defenses, including self-defense, misidentification or legal justification under Florida’s “stand your ground” law.

Your arrest may be the result of a road rage incident or domestic violence disturbance. If a firearm was displayed or discharged, you could be facing a serious gun charge, and competent representation may make the difference between freedom and years in prison. We live in violent times, and overzealous police, who often rush to judgment, may arrest the armed citizen who was really acting in self-defense.

We encourage you to contact us today to discuss your case. We represent clients facing a wide variety of violent crime charges, including

• Aggravated assault
• Aggravated battery
• Domestic violence
• Shootings
• Sex crimes
• Murder/homicide
• Manslaughter
• Use of a deadly weapon
• Display of a firearm
• Armed robbery
• Armed burglary
• Home invasion/robbery
• Firearms and weapons possession
• Carjacking

Please see our case results and client testimonials to get an idea of the high level of defense counsel and representation that we provide.

Frequently Asked Questions About Violent Crimes

No question is too tough for our seasoned Fort Myers criminal defense team. Unravel the mysteries of the legal system and uncover solutions with our answers to frequently asked questions on violent crimes.

What should I say to the police if they question me about a crime?

If the police question you about a crime in Fort Myers, it’s crucial to remain calm and assert your right to remain silent. Politely state, “I wish to remain silent until I consult an attorney.” Avoid volunteering information without legal counsel present. In addition to that, refrain from making statements that could be misconstrued or used against you. Be cooperative but cautious, understanding that your words can have legal implications.

How do guns and weapons impact violent crime charges?

The presence and use of guns and weapons can significantly impact violent crime charges. Possessing or using firearms in the commission of a crime often results in more severe charges and harsher penalties. Florida courts may consider the type of weapon, its legality and how it was used. These factors can influence the gravity of the offense and potential consequences for the accused.

What are the punishments for violent crimes like assault?

The punishments for violent crimes like assault vary but may include fines, probation, community service, restraining orders or incarceration. For many misdemeanor charges for violent crimes in Florida, the penalties can include a minimum of 60 days behind bars and $500 in fines for a second-degree misdemeanor and up to one year in prison and $1,000 in fines for a first-degree misdemeanor.

Felony assaults generally result in more extended prison sentences than misdemeanors. Sex crimes, aggravated assault and possession of illegal firearms typically lead to felony charges, including five years behind bars and $5,000 in fines for a third-degree felony to 30 years behind bars and $10,000 in fines for a first-degree felony charge. However, the sentencing mode will vary depending on the offense’s severity, whether there was any use of weapons and jurisdictional laws.

Is Florida a capital punishment state for crimes like murder?

Yes, Florida practices capital punishment for crimes like murder. The state allows the death penalty for specific murder convictions, with prosecutors deciding based on the nature and circumstances of the crime. Florida’s legal system follows guidelines, though debates persist regarding its morality and effectiveness. In some cases, public opinion and legal perspectives may influence the ongoing discourse around the death penalty’s application in the state.

What are the possible defenses for violent crimes?

A strong legal defense can potentially reduce or dismiss violent crime charges. In Florida, the possible defenses for violent crimes include:

• Alibi: It may be proven that you were not present where the violent crime took place. For example, there may be videos or pictures on social media or security cameras that show you were elsewhere, contradicting evidence.
• Duress: You may have committed a violent crime because you were under the threat of harm by another person.
• Necessity: You may have acted in self-defense to protect yourself or others from potential harm caused by another person.
• Diminished capacity: You may not be entirely held accountable for your actions because of a cognitive impairment that impacts your understanding of the consequences of your actions.
• False accusations: There may be strong evidence to prove that the charges against you were made without probable cause.

Our attorneys at Aiken & O’Halloran can work with you to come up with a strong legal defense that reflects the unique circumstances of your case.

What is the role of a skilled defense attorney?

Our experienced defense attorneys at Aiken & O’Halloran can help you every step of the way when you are facing criminal charges for violent crimes. From the moment you are arrested to your trial, we will be by your side.

After an arrest for a violent crime, you should contact our attorneys to learn about your right to legal counsel under the Sixth Amendment, which is where we come in to represent you during questioning. Once we begin working on your case, we can represent you during pretrial phases, negotiations and trials.

Aiken & O’Halloran has a vast background in criminal law with a former state prosecutor, a former federal prosecutor and federal agent and an in-house private investigator as a part of our team. This experience gives us a unique insight into the prosecution’s strategies.

Contact Aiken & O’Halloran For A Free Consultation

Please call us in Fort Myers at 239-955-6715 or complete our contact form. Our criminal defense attorneys represent clients throughout the Fort Myers area.