Miami Felony Attorney

Under Florida law, crimes are divided into two categories: felonies and misdemeanors. While a misdemeanor is far less serious, a felony conviction can have severe consequences, such as imprisonment, fines, loss of numerous rights, deportation, and a permanent criminal record. With so much at stake, it is crucial to have the right criminal defense attorney in your corner.

Valiente Law has a sterling reputation for providing individuals accused of crimes in South Florida with first-rate legal representation. Well-versed in Florida’s Criminal Punishment Code and the separate federal sentencing guidelines, our legal team has the skills and experience that can mean the difference between freedom and prison. If you have been charged with a felony, we will vigorously defend you and work tirelessly to protect your rights.

Call Us At 305.764.5460 For A FREE Consultation! 
 

Miami Felony Classifications

The most serious felonies are capital felonies and life felonies, punishable by the death penalty or life imprisonment, respectively. Other felony classifications in Florida include:

• Felonies of the First Degree — punishable by up to 30 years in prison or probation and a fine up to $10,000
• Felonies of the Second Degree — punishable by up to 15 years in prison or probation and a fine up to $10,000
• Felonies of the Third Degree — punishable by up to 5 years in prison or probation, and a fine up to $5,000

Common felony offenses include:

• Aggravated assault — an assault with a deadly weapon without intent to kill, or with intent to commit a felony. Ordinary aggravated assault under section 784.021 is a third-degree felony; special statutory reclassifications may apply.
• Burglary — entering or remaining in a dwelling, structure or conveyance with the intent to commit a criminal offense. Burglary can be charged as a first, second, or third degree felony.
• Child abuse — generally defined as emotional, physical, or sexual abuse, neglect, or abandonment of a child by a parent or caretaker. Depending on the circumstances, child abuse may be charged as a life, first, second or third-degree felony.
• Carrying a concealed weapon — eligible adults may carry concealed without a Florida license under the law effective July 1, 2023. A concealed firearm charge under section 790.01 requires lack of authorization, not merely lack of a permit; identification and prohibited-location rules remain applicable.
• Drug trafficking — the intentional sale, purchase, manufacture, delivery, possession, or transportation of a controlled substance, above statutory weight limits. Depending on the classification and amount, punishment for drug trafficking ranges from a minimum of 3 years in prison and fines up to $50,000 to life without parole.
• Grand theft — knowingly obtaining, using or attempting to obtain or use another person’s property with the statutory intent to deprive or appropriate. The ordinary value-based threshold is $750 or more, but property type, location and other statutory circumstances can change the charge.
• Murder — the intentional killing of another person, charged as a capital, life, first, second, or third-degree felony. First degree murder is a capital felony, punishable by death.
• Kidnapping — the confinement, abduction, or imprisonment of another person against her or his will, considered a first degree felony.
• Robbery — the taking of money or property from another person’s possession in which there is the use of force, violence, assault or putting in fear. If the crime involves the use of a weapon, it is charged as a first-degree felony, otherwise robbery is a felony in the second degree.
• Sexual assault — any sexual activity forced on the alleged victim without his or her consent, including inappropriate touching, child sexual abuse, forced penetration, sexual intercourse or kissing. Depending on the circumstances sexual assault can be charged a first, second, life or capital felony.

Florida’s Criminal Punishment Code

In Florida, a scoring system under the Criminal Punishment Code (CPC) is used to determine the minimum allowable sentence. Under the CPC, a felony is assigned an “Offense Level” between 1 and 10 which carries a correlating point value. To determine a score, crimes are designated as “Primary Offense,” “Additional Offenses” and “Prior Record” and assigned a total number of amount of points under a legislated ranking system.

Generally, the more serious the crime, the higher the ranking and the number of assigned points. When total sentence points exceed 44, the usual lowest permissible prison sentence in months is calculated by subtracting 28 from the total and multiplying by 0.75. Statutory exceptions, minimum mandatory terms, lawful departures and other sentencing rules can change the result; the scoresheet minimum and statutory maximum are different concepts. Important to note is that Florida has abolished parole. Additionally, the CPC assesses additional points under the following circumstances:

• Victim injury
• Legal status violations
• Community sanction violations
• Firearm/weapons violations
• Prior serious felonies
• Enhancement multipliers

Prior convictions may support an enhancement only when the requirements of the applicable statute are met. These enhancements can be some or all of the following designations (each with different qualifications and sentencing enhancements):

• Violent career criminals
• Habitual felony offenders
• Habitual violent felony offenders
• Three-time violent felony offenders
• Prison releasee re-offender (PRRP)

Additional Consequences of a Miami Felony Conviction

In addition to prison time and a heavy fine, a felony conviction will result in a permanent criminal record which cannot be expunged. This can make it difficult to find a job, obtain a professional license, or rent a home. A drug or felony conviction does not, by itself, create a blanket disqualification from federal student aid under the former drug-conviction rule. Other eligibility requirements, incarceration rules and any specific federal-benefit order require individual review. You will also forfeit some of your civil rights, including the right to own a firearm and the right to vote. Not to mention that if you are not a United States citizen almost any felony conviction can result in your deportation.

Contact Our Miami Felony Attorney

If you have been charged with a felony in Florida, you face serious consequences, including significant prison time. The best way to preserve your freedom and your reputation is by working with our skilled criminal defense attorneys. Guided by the belief that anyone accused of a crime is innocent until proven guilty, we will tirelessly defend you.

Our legal team will take the time to explain all of your rights, advise you of your options, and build the best line of defense. By conducting a thorough investigation, collecting evidence, identifying and interviewing witnesses, and collaborating with a team of excellent private investigators and criminal experts, we are committed to winning an acquittal. When you become our client, you can rest assured that we will never stop fighting for you.

Please contact our office today to set up a free consultation.

Featured Testimonial

Miami Felony Criminal Defense Review

I blindly hired Antonio Valiente based on the reviews I read online. I was facing felony charges which if there would have been a conviction I would have lost my ability to proceed in my career and support my family. After my first visit with Mr. Valiente, I realized he was knowledgeable, professional, personable, and hard working. After taking my case him and his assistant Alex have been stellar on their communication with me and on top of the case in every way. To make a long story short, I am now free of charges and free to proceed in my career and support my family. Antonio Valiente is a god-send! I will use him every time I need someone that does what he does. There is no doubt in my mind that he is one of the best criminal attorneys in the South Florida area. Thank you for everything Alex & Antonio!

Steve

Miami Felony Attorney

5/5