Miami, FL Violent Crimes Attorney

Lawyer Addressing Charges of Assault, Battery, Homicide, and More in Miami, Florida

Offenses that are classified as violent crimes carry some of the most severe penalties in Florida's criminal justice system. People who are convicted of these crimes will often face consequences that extend far beyond the courtroom. Convictions can result in lengthy prison sentences, substantial fines, permanent criminal records, and the loss of civil rights. When you have been accused of a violent crime, you will likely be facing prosecutors who will pursue charges aggressively and a system that may presume that you are guilty before hearing your side of the story.

Legal representation by an experienced attorney is crucial in these situations. At Stroleny Law: Criminal Defense Attorney, we can provide you with the legal help you need when facing violent crime accusations in Miami. Our attorney understands that violent crime charges often involve complex situations, and he can help demonstrate that self-defense was necessary, that accusations have been exaggerated or fabricated, or that you acted without criminal intent. He will present a strong defense while fighting to protect your rights and ensuring that you receive fair treatment under the law.

Types of Violent Crime Charges Our Lawyer Can Address

Our law firm represents clients in a wide range of violent crime charges. These offenses may vary in severity from misdemeanors to capital felonies, and each case may involve unique legal challenges and defense strategies. We can assist with cases involving:

  • Assault: This offense generally involves threats to commit violence against another person. These charges do not require physical contact, and they may be based on verbal threats, threatening gestures, or displays of weapons. Assault is typically a second-degree misdemeanor, although aggravated assault involving deadly weapons or other aggravating factors is a third-degree felony.
  • Battery: This offense involves actual physical contact, including intentionally striking or touching another person against their will or intentionally causing injuries. Battery charges may arise from arguments in domestic disputes, bar fights, sports confrontations, and numerous other situations. Simple battery will typically be charged as a first-degree misdemeanor, while aggravated battery involving serious injuries or the use of a weapon can result in second-degree felony charges.
  • Child Abuse and Neglect: A person could be charged with child abuse based on allegations of intentionally causing a child to suffer a physical or mental injury. Neglect charges may be based on a person's alleged failure to provide a child with care, supervision, or services that will protect their health and safety. People accused of these offenses may face the permanent loss of parental rights in addition to criminal penalties.
  • Harassment: Conduct that allegedly caused someone to suffer emotional distress and did not have any legitimate purpose could lead to harassment charges. Harassment is grouped under the offense of stalking, and it may lead to first-degree misdemeanor charges. Cases involving credible threats could lead to charges of aggravated stalking, which is a third-degree felony.
  • Strangulation: A person who is accused of choking or strangling someone and purposely cutting off blood circulation or preventing the person from breathing could face third-degree felony charges.
  • Kidnapping: Abducting or confining someone against their will with criminal intent, such as holding the person for ransom, using them as a hostage, facilitating another felony, or inflicting harm, can lead to kidnapping charges. Kidnapping is a first-degree felony that could lead to life imprisonment. False imprisonment is a similar offense that may involve unlawful confinement without the specific intents required for kidnapping. It is typically charged as a third-degree felony. Kidnapping charges may be related to custody disputes, domestic violence situations, and cases involving other crimes, such as robbery.
  • Homicide: Murder and manslaughter charges are among the most serious criminal accusations a person can face. First-degree murder is a capital felony punishable by death or life imprisonment without parole. Second-degree murder, third-degree murder, and manslaughter charges can also lead to lengthy prison sentences and permanent felony records.

Frequently Asked Questions About Violent Crime Defense

Q

What Should I Do if I Am Arrested for a Violent Crime?

The most important step you can take after being arrested is to exercise your right to remain silent and immediately request an attorney. Do not answer questions from law enforcement, do not provide statements, and do not try to explain what happened without your lawyer present. Police may suggest that cooperation will help your situation or that providing your side of the story will resolve matters quickly, but anything you say can be used against you. Politely but firmly state that you are invoking your right to counsel and your right to remain silent, then contact an attorney as soon as possible.

Q

Can I Be Charged With a Violent Crime if I Was Acting in Self-Defense?

Yes, you can be arrested and charged even if you were acting in self-defense. However, self-defense is a powerful legal defense that can result in charges being dismissed or an acquittal. Florida law permits people to use reasonable force, including deadly force in certain circumstances, to protect themselves from harm. Our attorney can investigate the circumstances of your case, gather evidence supporting your claim of self-defense, and present legal arguments under Florida's self-defense statutes, including "stand your ground" provisions.

Q

What Is the Difference Between Assault and Battery?

Many people use these terms interchangeably, but they are separate offenses under Florida law. Assault involves threatening violence without physical contact. Battery involves actual physical contact, including touching or striking another person against their will or causing bodily harm. You can be charged with assault without ever touching someone if your threats allegedly led to reasonable fear, and you can be charged with battery even if you did not injure the other person.

Q

Will I Go to Prison if I Am Convicted of a Violent Crime?

The answer depends on the specific charges you are facing, the circumstances of the offense, your criminal history, and various other factors. Violent crime convictions will often lead to prison sentences, including felony offenses involving weapons or serious injuries. However, other violent crimes may result in probation, community service, or alternative resolutions, especially if you are a first-time offender or if there are mitigating circumstances. Our attorney will work to minimize the consequences you will face by negotiating reduced charges, seeking probation instead of incarceration, or fighting to achieve an acquittal.

Q

Can Violent Crime Charges Be Reduced or Dismissed?

Yes, violent crime charges can sometimes be reduced to lesser offenses, or they may be dismissed entirely. Our lawyer will file motions challenging the evidence, arguing that your constitutional rights were violated, or seeking a dismissal based on procedural issues. He can negotiate with prosecutors to reduce felony charges to misdemeanors or to convince them to drop charges entirely when evidence does not support a conviction. Cases involving self-defense, false accusations, or lack of evidence may be dismissed before trial. Even in cases that proceed to trial, our lawyer will provide a vigorous defense and seek an acquittal.

Q

When Can False Accusations Affect Violent Crime Cases?

False accusations are unfortunately common in violent crime cases. These types of accusations may arise in cases involving custody disputes, contentious divorces, or allegations of domestic violence. People may fabricate or exaggerate allegations to try to gain an advantage in family court proceedings, to obtain protective orders, or out of spite or revenge. Our attorney will investigate accusations and uncover motives for false claims. He can also identify inconsistencies in the accuser's story and present evidence demonstrating that the allegations are not credible. Successfully exposing false accusations can lead to the dismissal of charges or an acquittal.

Q

What Are the Long-Term Consequences of a Violent Crime Conviction?

In addition to imprisonment and fines, a violent crime conviction can lead to lasting consequences that may affect nearly every aspect of your life. A felony conviction will result in the loss of civil rights, including voting rights and the right to possess firearms. Finding employment may be difficult when employers conduct background checks. Professional licenses may be revoked, and housing options may be limited. For non-citizens, violent crime convictions can result in deportation and permanent bars to immigration benefits. These collateral consequences make it essential to develop a strong defense against violent crime charges.

Contact Our Miami Violent Crimes Lawyer

Violent crime charges can threaten your freedom, your rights, and your future. The consequences of conviction may extend throughout every aspect of your life, affecting your family, your career, and your place in your community. You need a lawyer who understands the serious nature of these charges and who will fight aggressively to protect your interests.

At Stroleny Law: Criminal Defense Attorney, we have successfully defended many clients against violent crime charges. We understand the tactics prosecutors use in violent crime cases, and we know how to counter them effectively. Contact our Miami, FL violent crimes defense attorney at 305-615-1285 to schedule a free consultation.

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