Miami Violent Crimes Attorneys
Violent Crimes Defense Lawyer in Miami
Although Florida is one of the top places in the country to live or visit, the state has its share of violent crime. Being accused and/or convicted of such serious offenses can have lasting repercussions, including imprisonment, fines, probation, deportation, and the loss of your rights. You will also have a permanent criminal record which may damage your reputation and all but eliminate your chance to get a job in the future. When your freedom, good name, and livelihood are hanging in the balance, having aggressive legal representation can make all the difference.
The criminal defense attorneys at Valiente Law have extensive experience defending clients in state and federal court. If you have been charged with a violent crime in Miami, Fort Lauderdale, West Palm Beach or elsewhere in the state of Florida, we will work tirelessly to protect your rights and your freedom.
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Types of Violent Crimes
We routinely defend clients against a wide range of violent crimes, including:
- Assault and Battery — Assault is defined as an intentional, unlawful threat by word or an act of violence from one person to another. If the threat involves a weapon or the intent to commit a felony, the charge is elevated to aggravated assault. Battery occurs when a person intentionally touches, strikes, or causes bodily harm to another person against their will. Assault and battery may be charged as a misdemeanor or felony depending on the nature of the crime.
- Robbery — Taking money or property from another person through the use of force, violence, assault or putting in fear. If the crime involves the use of a weapon, it is typically charged as a first-degree felony; otherwise robbery is a second-degree felony. If a firearm is used, displayed, threatened to be used or discharged, Florida’s 10-20-Life statute kicks in and you may be facing significant minimum mandatory sentences.
- Sexual battery/rape — Forcing or attempting to force another person into sexual intercourse or sexual contact, including rape, indecent assault, and sodomy, is a first-degree felony.
- Domestic Violence — Acts or threats of violence against any person with whom the accused has or had a close relationship, including current or former spouses, parents, children, romantic partners, or anyone residing in the same household, may be charged as a misdemeanor or felony depending on the specifics of the case.
- Manslaughter — The killing of another person without lawful justification by an act, procurement or culpable negligence. Voluntary manslaughter occurs when a person intentionally commits an act that results in death, regardless of whether the death was intended. Involuntary manslaughter can be charged when someones reckless or negligent conduct results in the death of another such as DUI Manslaughter or Vehicular Manslaughter.
- Murder — The deliberate, unlawful taking of a human life is considered murder, a capital offense or life felony depending on the circumstances. First-degree murder, for example, involves an intentional death carried out with prior thought or planning (“premeditation”), or an unintentional death that occurs during the commission of another serious offense (e.g., robbery, carjacking, drug trafficking). If there was no premeditation but the death was intentional, the crime is second-degree murder.
- Arson — Inflicting damage to a dwelling or other structure through fire or an explosion, regardless of whether people are inside or present, and regardless of whether you knew is always a serious felony in Florida.
Dangerous Weapons Enhancements in Florida
Because there is zero tolerance for the possession of a firearm during the commission of a violent crime, the state’s “10-20-Life” law imposes stiff mandatory sentencing for convictions of most felony offenses (e.g., murder, sexual battery, robbery, assault and battery) involving the use of a firearm. Additionally, under Florida’s Habitual Felony Offender Law, if a person commits any combination of two or more felonies (with a few exceptions), the court can impose double the sentence.
Common Violent Crime Defense Strategies
Although each case is unique, our experienced attorneys may assert the following defenses:
- Alibi — You were not present when the crime occurred, a defense more commonly used with the proliferation of GPS technology.
- Mistaken Identity — Incorrect witness identification can occur if a person’s description is similar to a criminal suspect or if a witness assumes someone committed a crime due to the specific circumstances.
- Self Defense/Stand Your Ground — The use of deadly or non-deadly force is permitted to protect yourself or a third party, provided that you reasonably believed the other person’s action were likely to result in death or serious bodily harm and you or the third party did not start the incident that led to the use of force.
- Lack of Intent – Because it is typically necessary to show intent in violent crime cases, the burden is on the state to prove its case, and it may be possible to demonstrate the act was unintentional.
Violent Crimes Attorney Serving Clients Throughout Miami
At Valiente Law, our experienced criminal defense attorneys are keenly aware that violent crimes are vigorously prosecuted in Florida. Over our many years of practice we have seen how charges are often brought without sufficient evidence to support the allegations. The state has the burden of proof, and and we have the legal know-how and resources to design an effective defense strategy that holds the state to its burden.
By conducting a thorough investigation, examining all the evidence, and identifying and interviewing witnesses, we will work to refute the charges against you. When necessary, we rely on a respected team of forensic and medical experts to challenge the validity of the state’s evidence. Though sometimes the best outcome is a reduction of your charges, our goal is always an acquittal or complete dismissal of your charges.
Above all, we know anyone accused of a violent crime is innocent UNTIL proven guilty by the State. If you have been charged with a violent crime, we will provide you with aggressive legal representation.