Miami Violent Crimes Defense Attorney
Florida violent crime cases across Miami-Dade and South Florida 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.
Frequently Asked Questions
What is 10-20-Life in Florida?+
What is Stand Your Ground in Florida?+
Can I claim self-defense if I started the fight?+
What is the difference between assault and battery in Florida?+
When does a robbery become armed robbery?+
What is the difference between kidnapping and false imprisonment?+
When does a Florida violent crime become a federal case?+
Can a violent crime charge be sealed or expunged in Florida?+
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.
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.
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.
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.
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.
Possession
Possession of a firearm during commission of a qualifying felony, even if it is never drawn or fired.
Discharge
Discharge of a firearm during commission of a qualifying felony, even if no one is hit.
Injury or Death
Discharge causing great bodily harm or death triggers 25 years to life as a mandatory minimum.
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.
Summary of Florida Statutes Chapters 784, 787, 812, and 782. 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.
How a Violent Crime Case Gets Defended
Violent crime cases live or die on three things: who started it, who saw it, and what the physical evidence shows. The defense work pressure-tests each one.
Stand Your Ground
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
911 audio, scene statements, written statements, deposition testimony, and trial testimony often differ. Inconsistencies become impeachment material at trial and leverage for negotiated resolutions before trial. Witnesses move, video gets overwritten, and statements take on permanent shape. The earlier a defense investigator can be deployed, the more useful what comes back will be.
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 →Direct attorney access at (305) 774-7000
Violent crime cases move fast, and the early days matter most. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
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