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Violent Crimes Defense

Miami Violent CrimesDefense Attorney

Florida violent crime cases stack three layers of exposure: the underlying felony, the 10-20-Life firearm enhancement, and potential federal charges. The defense work has to address all three.

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10-20-Life imposes mandatory prison. Florida Statute § 775.087 sets 10-year, 20-year, and 25-year-to-life mandatory minimums when a firearm is used. The judge cannot reduce below the floor.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
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Florida Violent Crime Structure

Three Layers of Sentencing Exposure

A Florida violent crime allegation can produce three different sentencing layers at once. They stack rather than replace each other. Defense work has to address all three from day one.

01

State Felony Charge

The underlying felony under Chapters 784, 787, 812, or 782. Florida Sentencing Guidelines determine baseline exposure based on offense level and prior record.

02

10-20-Life Enhancement

Florida Statute § 775.087 imposes mandatory minimums when a firearm is possessed, discharged, or used to cause injury or death during a qualifying felony.

03

Federal Hobbs Act / RICO

18 U.S.C. § 1951 (Hobbs Act robbery), § 924(c) (firearm during crime of violence), and RICO charges in U.S. District Court can layer onto state cases.

Florida Statute § 775.087

10-20-Life Mandatory Minimums

Florida's 10-20-Life framework imposes mandatory minimum prison sentences when a firearm is used in a qualifying felony. The mandatory minimum scales with the level of firearm involvement. None of these floors can be plea-bargained below the statutory minimum.

10
Year Mandatory Minimum

Possession

Possession of a firearm during commission of a qualifying felony, even if it is never drawn or fired.

20
Year Mandatory Minimum

Discharge

Discharge of a firearm during commission of a qualifying felony, even if no one is hit.

25+
Years to Life Mandatory

Injury or Death

Discharge causing great bodily harm or death triggers 25 years to life as a mandatory minimum.

Florida Violent Crime Penalty Framework

Penalties Under Chapters 784, 787, 812 & 782

Florida violent crime penalties are graded by the act, the level of injury, and any firearm enhancement under § 775.087.

Charge
Classification
Prison Exposure
Statute
Simple AssaultThreat of violence
2nd-degree misdemeanor
Up to 60 days
§ 784.011
Aggravated AssaultWith deadly weapon
3rd-degree felony
Up to 5 years 10-20-Life
§ 784.021
Felony BatteryCausing great bodily harm
3rd-degree felony
Up to 5 years
§ 784.041
Aggravated BatteryGreat bodily harm or weapon
2nd-degree felony
Up to 15 years 10-20-Life
§ 784.045
RobberyWithout firearm
2nd-degree felony
Up to 15 years
§ 812.13(2)(c)
Armed RobberyWith firearm
1st-degree felony
Up to life 10-20-Life
§ 812.13(2)(a)
CarjackingForce or threat
1st-degree felony
Up to life 10-20-Life
§ 812.133
KidnappingConfinement against will
1st-degree felony
Up to life
§ 787.01
Attempted MurderPremeditated or felony
1st-degree felony
Up to life 10-20-Life
§ 782.04 + § 777.04

Summary of Florida Statutes Chapters 784, 787, 812, and 782. Not legal advice. Penalties vary by specific charge, prior record, injury allegation, and firearm enhancement under § 775.087. Many violent crime charges trigger 10-20-Life mandatory minimums that cannot be reduced below the statutory floor.

Defense Approach

How a Violent Crime Case Gets Defended

Most violent crime cases are not won at trial. They are resolved earlier, through Stand Your Ground immunity hearings, identification challenges, charge reductions, or dismissal. The defense work that gets to those outcomes happens in four areas.

Stand Your Ground and self-defense. Florida law gives the defense a pretrial immunity hearing under § 776.032. If the court finds the use of force was justified, the case is dismissed and civil immunity attaches. The state must overcome the defense by clear and convincing evidence at the hearing, and beyond a reasonable doubt at trial. Florida Statute § 776.012 eliminates the duty to retreat in any place where the defendant has a legal right to be. The initial aggressor limitation under § 776.041 means the investigation often turns on who started the incident. Body camera footage, witness statements, and prior history between the parties all matter.

Identification. Eyewitness identification is one of the most common sources of wrongful conviction. Lineup procedure, lighting, distance, stress, and the time between the incident and the ID all affect reliability. Surveillance video, DNA, and forensic evidence also have to be tested for chain of custody and analytical reliability. Mistaken ID is a real defense, not a long-shot argument.

Intent and the act element. Most violent crimes require the state to prove specific intent or knowledge beyond a reasonable doubt. Mutual combat, accident, recklessness, and impulse can defeat the intent element. Each charge has its own act element: a touching for battery, a credible threat for assault, a taking for robbery, a confinement for kidnapping. Each is challengeable on the facts.

Witness credibility and inconsistencies. 911 audio, scene statements, written statements, deposition testimony, and trial testimony often differ. Inconsistencies become impeachment material at trial and pressure points for negotiated resolutions before trial. The earlier the defense engages, the more pressure points stay open across all four areas.

Common Questions

Frequently Asked Questions

What is 10-20-Life in Florida?+
Florida Statute § 775.087 imposes mandatory minimum prison sentences when a firearm is used in a qualifying felony. Possession of a firearm during the felony triggers a 10-year mandatory minimum. Discharge triggers 20 years. Discharge causing great bodily harm or death triggers 25 years to life. The judge has no discretion to reduce these minimums below the statutory floor.
What is Stand Your Ground in Florida?+
Florida's Stand Your Ground law (§ 776.012, § 776.032) eliminates the duty to retreat and provides pretrial immunity from prosecution when force is used in lawful self-defense. A defendant can request a pretrial immunity hearing. If the court finds the use of force was justified, the case is dismissed and civil immunity attaches as well.
Can I claim self-defense if I started the fight?+
Generally no. Florida Statute § 776.041 limits self-defense for the initial aggressor. However, if the initial aggressor withdraws and clearly communicates the withdrawal, self-defense can become available again. These are highly fact-specific cases that turn on body camera footage, witness statements, and physical evidence.
What is the difference between assault and battery in Florida?+
Assault under § 784.011 is a threat of violence with apparent ability to carry it out, where the threat creates a well-founded fear of imminent violence. Battery under § 784.03 requires actual unwanted touching or striking. Both can be elevated to aggravated charges with a deadly weapon or great bodily harm, and both can trigger 10-20-Life enhancements when a firearm is involved.
When does a robbery become armed robbery?+
Robbery under § 812.13 is the taking of property by force, threat of force, or fear. It becomes armed robbery (1st-degree felony) when a firearm or deadly weapon is carried during the offense. With a firearm, 10-20-Life mandatory minimums attach: 10 years for possession, 20 years for discharge, 25 years to life if discharge causes injury.
What is the difference between kidnapping and false imprisonment?+
Both involve confinement of a person against their will. Kidnapping under § 787.01 is a 1st-degree felony and requires confinement combined with intent to hold for ransom, commit a felony, inflict harm, or interfere with a government function. False imprisonment under § 787.02 is a 3rd-degree felony covering simpler unlawful confinement without the additional intent element.
When does a Florida violent crime become a federal case?+
Federal jurisdiction can attach when interstate elements are present. Hobbs Act robbery under 18 U.S.C. § 1951 covers robberies that affect interstate commerce. § 924(c) imposes mandatory consecutive prison time for using a firearm during a federal crime of violence. RICO charges can federalize organized criminal activity. Federal cases proceed under the Federal Sentencing Guidelines with no parole and 85% time served.
Can a violent crime charge be sealed or expunged in Florida?+
Florida law makes violent felony convictions, including aggravated assault, aggravated battery, robbery, and crimes involving firearm enhancements, ineligible for sealing or expungement. Cases that resolve through dismissal or other non-conviction outcomes may be eligible. Avoiding a conviction is the key issue, which is why early defense work matters most.
Related Defense Areas

Related Criminal Matters

Violent crime cases often expose clients to overlapping charges and federal jurisdiction. Each related area has its own framework.

Federal Crimes

Hobbs Act robbery, § 924(c) firearm enhancements, and RICO charges federalize violent cases with interstate or organized elements.

Learn More →

Weapon Charges

Most violent crime exposure scales with firearm involvement. 10-20-Life enhancements turn a 5-year case into a 25-year case.

Learn More →

Domestic Violence

Aggravated battery and aggravated assault charges in DV contexts create both criminal exposure and federal firearm prohibitions.

Learn More →

General Criminal Defense

For cases that do not fit one charge category, are still developing, or involve overlapping issues alongside the violent crime allegation.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Violent crime cases move fast and the early days matter most. Witnesses move, video gets overwritten, and statements take on permanent shape.

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