What is a Felony 23(d) in Florida?
In Florida, a Felony 23(d), also known as a Violence against a Person with a Vulnerable Victim, is a specific type of felony that carries serious consequences for the offender. In this article, we will delve into the details of this particular felony and explore the reasons why it is considered so severe.
What does Felony 23(d) involve?
To understand what Felony 23(d) is, it is essential to define the key terms involved:
- Vulnerable victim: This refers to individuals who are physically, emotionally, or mentally defenseless, such as children, elderly, or those with disabilities.
- Violence: This term encompasses various forms of violence, including physical harm, sexual battery, and false imprisonment.
Statute Definition
According to Florida Statute 776.08, Felony 23(d) is committed when an individual intentionally, knowingly, or recklessly causes bodily harm or cruel treatment to a vulnerable victim. The statute states that:
"(1) It is an affirmative defense to a prosecution under subsection (2) that the accused was not more than 15 years older than the vulnerable victim and:
(a) At the time of the act, was 18 years of age or older; or
(b) The vulnerable victim was otherwise capable of giving informed consent."
Penalties for Felony 23(d)
The penalties for Felony 23(d) are severe, considering the seriousness of the crime. Offenders can face:
- Mandatory minimum sentence: A minimum of 5 years and 6 months to a maximum of life imprisonment, depending on the circumstances of the crime and the offender’s prior record.
- Fines: A fine not exceeding $10,000, in addition to any mandatory fines or restitution.
Examples of Felony 23(d)
The following examples illustrate the seriousness of Felony 23(d):
- Elderly abuse: An adult son physically assaults and emotionally abuses his elderly mother, who is physically unable to defend herself.
- Child abuse: A parent beats and psychologically intimidates their child, creating a sense of fear and vulnerability.
- Dating violence: A partner frequently physically assaults and psychologically abuses their dating partner, knowing that they are dependent on the abuser for support.
Consequences of a Felony 23(d) Conviction
A Felony 23(d) conviction carries far-reaching consequences, including:
- Criminal records: A felony conviction on your record can significantly impact your ability to find employment, obtain housing, and secure a loan.
- Financial burdens: Paying for legal representation, fines, and restitution can be a significant financial strain.
- Social isolation: A felony conviction can lead to social isolation and stigma, making it challenging to reintegrate into society.
Conclusion
Felony 23(d) is a serious offense that carries significant consequences for those who commit it. By understanding the definition, penalties, and examples of this felony, individuals can take steps to prevent these heinous crimes from occurring in the first place. Whether you are a victim of Felony 23(d) or an accused offender, it is crucial to seek legal representation from experienced attorneys who can help guide you through the complex legal process.
Additional Resources
For more information on Felony 23(d) in Florida, including legal representation and resources, please refer to the following:
- Florida Bar Association: www.floridabar.org
- Florida Department of Corrections: www.dc.state.fl.us
- National Domestic Violence Hotline: 1-800-799-7233 (Toll-Free)
Key Takeaways
- Felony 23(d) in Florida is a serious crime that involves violence against vulnerable victims, such as children, elderly, or those with disabilities.
- Offenders can face mandatory minimum sentences, fines, and restitution.
- Victims and accused offenders should seek legal representation from experienced attorneys.
Table: Penalties for Felony 23(d)
| Minimum Sentence | Maximum Sentence | Fine | Mandatory Fine | Restitution | |
|---|---|---|---|---|---|
| Offender with no prior record | 5 years, 6 months | Life imprisonment | $10,000 | $2,500 | $15,000 |
| Offender with prior record | Life imprisonment | Life imprisonment | $10,000 | $5,000 | $25,000 |
Bullet Points: Important Considerations
• Consider seeking legal representation from an experienced attorney if you or a loved one has been accused of Felony 23(d).
• Victims of Felony 23(d) should seek legal counsel and report the crime to the authorities.
• Employers, landlords, and lenders should be aware of the severe consequences of Felony 23(d and take appropriate measures when hiring, renting, or loaning.
• Law enforcement and healthcare professionals should recognize the signs of abuse and take proactive steps to address the situation.
