Punching someone through car window can be a Felony Punishable by Life in Prison

Road rage incidents have become fairly regular fixtures on the news, especially in Florida where concealed weapons laws have recently changed. However, you don’t need to use a gun to end up in an extremely bad position legally when a car is involved. Florida law defines Burglary as “entering a dwelling, structure or conveyance with the intent to commit a crime therein…” http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0810/Sections/0810.02.html However, people normally think of a burglary involving a home, which would qualify as a “dwelling”. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/0810.html What they fail to realize is that a vehicle is legally defined as a “conveyance” and therefore entering without permission with an intent to commit a crime inside is a burglary. Further, when you reach into another person’s car to grab them or punch them through the window, this is considered intent to commit a crime therein (the crime of misdemeanor battery). This simple act can turn what might be considered a second degree felony https://www.pawuklaw.com/practice-areas/all-criminal-law-services/felony/ into a first degree felony which is punishable by life in prison.

This is why it is important to contact an experienced criminal defense attorney in Pasco County https://www.pawuklaw.com/practice-areas/all-criminal-law-services/ to prevent a mutual fight between angry citizens from turning into a mandatory prison sentence. The State Attorney’s Office has wide discretion in which charges they can file in any given circumstance. But, they will not have your side of the story or any evidence in your possession before they make a decision unless an attorney gets involved. Without an explanation being provided from your side, they may listen to a biased and angry victim who may very well have instigated the fight you became involved in. Or, they may simply not have the full picture based on police statements taken at the scene. Early involvement by an attorney can change their position, and that can change the outcome of your case entirely. https://www.pawuklaw.com/

For example, after the State reviews police reports, witness statements, body camera footage and takes that evidence into consideration in conjunction with your explanation and evidence, they may decide that the only legitimate charge is a misdemeanor battery. Or, they may find that the charge should be a trespass. These charges are misdemeanors which are punishable by a maximum of one year or sixty days in county jail. https://www.pawuklaw.com/practice-areas/all-criminal-law-services/misdemeanor/ . Also, jail is not mandatory so there may simply be probation or a fine involved as a sentence. More importantly, the State may find that the incident does not warrant prosecution at all. In this case, the charge would be dismissed. The benefit of a dismissed case is not only a huge relief from stress and aggravation, but you can then expunge your record in most instances. Further, even entering a plea to a misdemeanor will still allow you to seal your record so long as you receive a withhold of adjudication and you have no other prior record of convictions that disqualify you. https://www.pawuklaw.com/practice-areas/expunge-criminal-record/ . If you have been charged with a felony or misdemeanor in Pasco or Pinellas County, contact our office for a free consultation. https://www.pawuklaw.com/contact-us/