Miami Violent Crimes Attorneys

Assault, Battery & Other Violent Crime Charges

If a person threatens violence or uses force against another person, that can result in criminal charges and arrest. Prosecutors may increase the charges or penalties if a weapon plays a role or the victim suffers an injury.

Attorney E.J. Hubbs is experienced in defending people accused of any number of violent crimes, including:

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 with truly violent criminals, 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 great bodily harm occurs or a weapon is used, the charge may be elevated to aggravated assault or aggravated battery. These are two serious felonies which should prompt legal assistance.

A qualified criminal defense attorney will be able to rely on experience to assess the landscape of a case and devise a strategy designed to fight for the best possible outcome.

Understanding Sentencing & Long-Term Impact of Violent Crime Convictions in Miami

Florida law punishes violent crimes with strict sentences that reflect the charge's severity, along with prior history and aggravating factors. Miami-Dade judges weigh the facts of each case—including whether a weapon was involved or serious injury occurred. Some felony violent offenses in Miami carry mandatory minimum sentences, particularly when the case involves firearms or significant harm.

Conviction for a violent crime in Miami has consequences that reach beyond jail or prison. After release, a conviction can cause a person to lose civil rights, like voting or firearm ownership. Employers and landlords often run background checks, and a violent criminal record can block access to opportunities. Reentry programs in Miami-Dade can help address these hurdles, but a conviction continues to affect future job prospects, education, and even travel. When defending a case, a thorough attorney considers both immediate and far-reaching effects.

The "Castle Doctrine" & "Stand Your Ground"

Florida enacted the 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 provision known as the stand-your-ground law, which expanded the law. This provision declares that there is no duty to retreat in any public place, including a vehicle, if 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.
• Additionally, 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 law after a thorough examination of the facts of the case.

Our Firm Is Ready to Fight for You 

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, you need to contact an experienced criminal defense attorney to discuss the circumstances of your case.

At Hubbs Law Firm, 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 Firm today at (305) 570-4802 to schedule a free initial appointment with our Miami violent crime defense attorneys.

Additional Resources

• 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.