Violent Crimes Lawyer in Miami

Several offenses in the Florida Statutes are considered crimes of violence. Alleged offenses typically involve the use or threat of violence on an alleged victim.

Some of the most common violent crimes in Florida include:

• Assault/Aggravated Assault
• Battery on Law Enforcement Officer
• Resisting Arrest
• Hate Crimes
• Battery/Aggravated Battery
• Carjacking
• Kidnapping
• Manslaughter
• Murder

Some crimes of violence are misdemeanors, but many others are felony offenses. Furthermore, criminal charges can be subject to enhanced penalties when an alleged crime involved certain factors.

What is the Penalty for a Violent Crime that Involved a Firearm in Florida?

A violent crime that involved the use or attempted use of a firearm or destructive device may be subject to minimum prison sentences under the state’s 10-20-Life Law. Additionally, a crime of violence in which an alleged offender intentionally selected an alleged victim based on his or her race, color, religion, ethnicity, ancestry, national origin, sexual orientation, mental or physical disability, or advanced age can be classified as a hate crime.

Florida’s Stand Your Ground Law

For many years, Florida’s self-defense claims essentially relied on the “castle doctrine,” a theory that a person’s home is his or her castle and the homeowner is afforded certain protections and immunity from criminal charges for protecting him or herself in the home. The castle doctrine was subject to criticism, however, because people were still expected to use every reasonable means within their power to avoid the danger—including retreat—before using deadly force. In 2005, Florida enacted statutes better known as the “Stand Your Ground” law that removed the duty to retreat.

Chapter 776 of the Florida Statutes is dedicated to Justifiable Use of Force, and Under Florida Statute § 776.012 established:

• A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
• A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Furthermore, Florida Statute § 776.031 established:

• A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
• A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Florida Statute § 776.013(3) states that a person “who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with” the statutes listed above.

Under Florida Statute § 776.013(1), a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:

• The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
• The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Why You Should Choose a Lawyer for Your Violent Crimes Defense

Facing charges for a violent crime in Miami is an incredibly serious matter. Such charges can include assault, robbery, homicide, or other offenses that carry severe penalties, including lengthy prison sentences and significant fines. Navigating the criminal justice system without the guidance of an experienced lawyer can put your rights and future at great risk.

A skilled violent crimes lawyer understands the complexities of these cases and the need for a robust defense strategy. With thorough knowledge of both state and federal laws, a lawyer can challenge the prosecution’s evidence, ensuring that any mistakes or violations of your rights are identified and addressed. This attention to detail is crucial in violent crime cases where even the smallest oversight can have significant consequences.

Additionally, a lawyer can negotiate with prosecutors for reduced charges or alternative sentencing options. In some cases, early intervention by an attorney can prevent charges from being filed altogether. Without a legal advocate, it is difficult to secure these types of favorable outcomes.

Choosing a violent crimes lawyer also means gaining access to a network of resources. Investigators, expert witnesses, and forensic specialists can be instrumental in building a strong defense. A lawyer will coordinate and manage these resources to present the strongest case possible on your behalf.

Ultimately, the stakes in a violent crimes case are too high to leave your defense to chance. Working with an experienced lawyer provides the legal expertise, guidance, and support necessary to protect your rights and achieve the best possible outcome.

If you are in Miami, call (305) 928-1669 now or contact our firm online for a free consultation about how to proceed with your case. If you are in Broward County call 954-737-3004.