Violent Crime Prosecutions in Miami, Florida
Florida's population has exploded to more than 20 million, third in the U.S. behind California and Texas. With the surge in residents, violent crime in Florida remains a concern, despite a slight drop in the number of violent crimes per capita in recent years.
According to the most recent FBI Unified Crime Reporting (UCR) statistics, more than 1.2 million violent crimes were committed in the U.S. in 2011. Of those, 98,199 occurred in Florida, with about 7 percent of them (6,913) in Miami-Dade County, the state's most populous county. Violent crimes include murder, non-negligent manslaughter, forcible rape, robbery and aggravated assault.
Aggravated assault, a violation of Section 784.021 of the Florida Statutes, accounts for two-thirds of all violent crimes in the Miami area.
The penalties imposed for convictions of violent crimes can be severe, including imprisonment and expensive fines, as well as other adverse consequences.
Attorney for Violent Crime Charges in Miami, FL
If you were arrested for a violent crime under § 784 or any other section of the Florida Statutes, it is important that you consult with a criminal defense attorney as soon as possible to discuss your case.
A knowledgeable criminal defense lawyer will be able to explain the charges and potential penalties you are facing, as well as discuss possible defenses against the charges. Florida law is complicated and nuanced, and prosecutors often seek the most severe penalties, so hiring an experienced attorney to represent you in defense of violent crime charges is recommended.
Hubbs Law is experienced in defending people who are accused of domestic violence in Miami and the surrounding areas of Miami-Dade County, including Hialeah, Miami Gardens, Miami Beach, Kendall, Homestead, Doral, North Miami and South Miami, as well as other cities and communities in the Greater Miami area.
E.J. Hubbs is "Board Certified" by the Florida Bar in criminal trial law, which means he has passed the highest level of evaluation for Bar lawyers. Board certification attests to competency and experience within an area of law, as well as professionalism and ethics in practice.
Contact Hubbs Law at (305) 615-5945
right away to speak with an insightful criminal defense lawyer who will not only explain the charges and penalties you face, but who will also listen to you carefully and discuss possible defenses to the crime you are accused of committing. Your initial consultation is free. Call Hubbs Law today to schedule an appointment to meet with our attorney.
Assault, Battery, and Other Violent Crimes in Miami, FL
If a person threatens violence or acts violently toward another person, a criminal charge may be filed, resulting in an arrest. The charges and penalties are often upgraded if a weapon is used or the victim suffered an injury.
Attorney E.J. Hubbs is experienced in defending people accused of any number of violent crimes, including:
- Aggravated Assault with a Firearm
- Assault on a Law Enforcement Officer
- Warrant Issued for Arrest for an Accusation of a Violent Crime
It is important to remember that prosecutors from the Miami-Dade County State Attorney's office often file the most serious charges against a person accused of a violent crime. This is a good idea — if the defendant is truly violent and a threat to others. In many cases, though, a simple altercation is blown out of proportion and serious charges result.
"Simple" assault or battery is considered a misdemeanor in Florida, but if breat bodily harm occurs or a weapon is used, the charge may be elevated to aggravated assault or aggravated battery, serious felonies.
A qualified criminal defense attorney will be able to rely on experience to assess the landscape of a particular case and devise a strategy designed to bring about the best possible outcome.
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The "Castle Doctrine" and "Stand Your Ground"
Florida enacted the so-called "Castle Doctrine" in 2005, which declares that a person has no duty to retreat from his or her home or dwelling if he or she is attacked.
The “Castle Doctrine” (Florida Statutes, § 776.013) includes the controversial “Stand Your Ground” provision, which expanded the law, declaring that there is no duty to retreat in any public place, including a vehicle, as long as the person is not engaged in criminal activity and is in a place where he or she has a right to be.
These laws may sometimes be used as a valid defense when a person is accused of a violent crime, but claims he or she acted in self-defense.
According to F.S. § 776.012(1), a person is justified in using force against another when that person reasonably believes that such force is necessary to defend himself or herself against the imminent use of unlawful force by someone else. A person has no duty to retreat prior to using such force under this law.
In addition, F.S. § 776.012(2) declares that a person is justified in using deadly force if he or she reasonable believes that using such force is necessary to prevent imminent death or great bodily harm or to prevent the imminent commission of a forcible felony. Under this law, a person who uses deadly force also has no duty to retreat, and has the right to stand his or her ground so long as he or she is not engaged in a criminal activity and is in a place where he or she has a right to be.
The "Stand Your Ground" law may be a valid defense in a violent crime case when self-defense is claimed. In fact, a person who claims self-defense may file a “motion to dismiss based on statutory immunity” before trial, which may lead to a dismissal before the trial. When self-defense is claimed, an experienced attorney will be able to determine eligibility for a motion to dismiss based on the “Stand Your Ground” after a thorough examination of the facts of the case.
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Violent Crime in the U.S. — FBI Uniform Crime Reports — Visit the website of the Federal Bureau of Investigation to find information from the FBI's Unified Crime Reporting (UCR) program about violent crime in the U.S. in 2011, the latest year for which full statistics are available. The site categorizes violent crimes into murder, non-negligent manslaughter, forcible rape, robbery, and aggravated assault. Information about property crimes, burglaries, larcenies/thefts, motor vehicle thefts and arsons are also provided among the two dozen tables that can be viewed. Table 5 provides violent crime information about all 50 states, while Table 10 lists data for each of Florida's 67 counties.
Find an Attorney for Violent Crime Prosecutions in Miami, FL
If you were charged with a violent crime such as Aggravated Assault or Aggravated Battery or any other violent crime anywhere in Miami, Florida or Miami-Dade County, FL, then you need to contact an experienced criminal defense attorney to discuss the circumstances of your case.
At Hubbs Law, we defend the rights of clients charged with violent crimes in Miami or Miami-Dade County, including Miami Beach, Hialeah, Miami Gardens, North Miami, South Miami, Pinecrest, Kendall, Homestead, and everywhere else throughout Miami-Dade County.
We will listen to you, explain the charges and potential penalties in plain language, and talk about possible defenses for the charges that have been filed against you. Call Hubbs Law today at (305) 615-5945
to schedule a free initial appointment with E.J. Hubbs to discuss your case.
This page was last updated on Tuesday, July 5, 2016.