Yes, under certain circumstances. Florida law allows for self-defense even if you initiated contact, but only if the other party responded with excessive or deadly force, forcing you to protect yourself. Additionally, if you withdrew from the confrontation and the other party continued to attack, you could regain the right to use force in self-defense. Each situation is unique, and one of our attorneys can evaluate whether self-defense applies to your case.
Miami Violent Crime Lawyer
Miami Violent Crime Attorney
Dealing with charges for violent crimes in Miami can be a life-changing experience, especially when faced with severe penalties that can impact your freedom, reputation, and future. That’s why it’s so important to engage the counsel of an experienced Miami violent crime lawyer.
Our dedicated team of Miami criminal defense lawyers at The Kirlew Law Firm understands the complexities of violent crime cases in Florida, and we’re committed to providing robust defense strategies tailored to each client’s unique needs.
Understanding Violent Crimes in Florida
In 2023, Miami’s crime index was 283, and though this closely aligns with the national average, it’s important to note that the likelihood of finding yourself before a judge at the Miami Dade Circuit Court on NW 1st Avenue is 4.89 for every 1000 residents.
Violent crimes are a subset of criminal offenses that involve violence against another person. Violent crimes can be domestic in nature or random. Specialized detective units are assigned to investigate violent criminal offenses. The following offenses are considered violent crimes and may trigger minimum mandatory sentences:
- Aggravated Battery
- Aggravated Stalking
- Armed Burglary
- Arson
- Simple Assault & Simple
- Battery
- Burglary of a dwelling
- Burglary with Assault or
- Battery
- False Imprisonment
- Kidnapping
- Lewd and Lascivious
- Molestation
- Manslaughter
- Murder
- Robbery, with a firearm or weapon
- Sexual Battery
The offenses that fall under violent crimes are usually very serious. As a result they are investigated and prosecuted to the fullest extent of the law. Judges tend to show the least leniency when sentencing people convicted of violent offenses. Bond and release conditions are often restrictive for most offenses. Individuals charged with felonies punishable by life, such as armed robbery, armed burglary, sexual battery, lewd and lascivious molestation on a child under 12, sexual battery are routinely denied bond at all.
The importance of having an experienced and quality criminal defense attorney cannot be understated. Violent crimes are prosecuted differently, and they must be defended differently. Any person accused of a violent crime should contact an experienced attorney immediately and get legal advice.
Defense Against Conviction
Facing a violent crime charge doesn’t mean a conviction is inevitable. A strong defense can challenge the prosecution’s case, expose weaknesses in the evidence, and present alternative explanations for the alleged crime.
National statistics paint an alarming picture of what life is like for those with criminal records — a 30% unemployment rate and a 30.8% chance of worsening depression. This is why our team at The Kirlew Law Firm, PLLC is dedicated to doing everything possible to minimize potential damage to your future.
We meticulously examine every aspect of your case to build a compelling defense strategy tailored to your specific circumstances. Some of the most effective defense approaches include:
- Self-defense. Florida law recognizes the right to protect oneself from harm and allows individuals to use force, including deadly force, if they reasonably believe it’s necessary to prevent imminent death or serious bodily harm. If you acted in self-defense, we can work to establish that your response was justified under the circumstances.
- Stand Your Ground law. Florida’s Stand Your Ground law expands traditional self-defense rights by removing the duty to retreat before using force in certain situations. If applicable, we can argue that you had a legal right to defend yourself without retreating from the threat.
- Lack of intent. Most violent crimes require intent to cause harm. If the prosecution can’t prove that you acted with intent, the charges against you may not hold. Accidental injuries, misunderstandings, or actions taken in the heat of the moment without premeditation may serve as valid defenses.
- Mistaken identity or false accusations. Eyewitness misidentifications and false allegations frequently happen when it comes to violent crime cases. We can scrutinize the evidence, including surveillance footage, alibi witnesses, and forensic analysis, to challenge any mistaken identity or wrongful accusations.
- Insufficient or unreliable evidence. The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak, contradictory, or improperly obtained, we can move to suppress unreliable testimony, challenge forensic inconsistencies, and expose any legal violations in the investigation.
- Violation of constitutional rights. If law enforcement conducted an unlawful search, coerced a confession, or violated your Miranda rights, we can argue that key evidence should be excluded from the case. A violation of your constitutional rights can significantly weaken the prosecution’s argument and may lead to case dismissal.
- Mental incapacity or duress. If the defendant was suffering from a mental disorder or was coerced into committing a violent act under extreme pressure, these factors could serve as mitigating defenses. Expert testimony and psychological evaluations may be used to support this claim.
Every case is unique, and the right defense strategy depends on the specific details of the charges. At The Kirlew Law Firm, we conduct an in-depth investigation and use aggressive defense tactics to fight for the most favorable resolution.
What is a punishable by life felony?
A punishable by life felony, commonly called a PBL, are certain enumerated offenses that can result in a life sentence if convicted at trial. Burglary with assault or battery, kidnapping, murder, lewd and lascivious molestation on a child under 12, robbery with a firearm or weapon, and sexual battery are all punishable by life felonies. A person charged with one of these enumerated felonies has no bond after arrest and must petition the court for release in an “Arthur” hearing. Bond is rarely granted, and these cases can take a while to resolve.
What is VFOSC?
The VFOSC statute, or violent felony offender of special concern statute, is a Florida law that requires a judge to hold an offender without a bond on a probation or community control violation if they are on probation for an enumerated violent felony offense. Typically, VFOSC will apply in all violent felonies. Another component of the VFOSC statute is that a judge is required to sentence an offender to the bottom of their guidelines under the criminal punishment code. That sentence is always a state prison sentence. As bleak as that sounds, Brian Kirlew, Esq. is experienced in VFOSC cases and has effectively mitigated countless probation violations for clients charged under the VFOSC statute.
10-20-LIFE
The 10-20-Life law has become synonymous with the State of Florida for almost 20 years. Signed into law by former Governor Jeb Bush, the 10-20-Life law imposes minimum mandatory sentences on violent felonies that involve the use of a firearm. If a firearm is brandished or displayed in a threatening manner during the commission of a felony, the offender faces a minimum mandatory sentence of 10 years. If the firearm is discharged, even a warning shot into the air; the offender faces a minimum mandatory sentence of 20 years in state prison. If someone is seriously injured or killed by a firearm during the commission of a felony, the offender faces a minimum mandatory sentence of 25 years to life in state prison. Only the most experienced lawyers can properly represent someone charged under the 10-20-Life law. Brian Kirlew, Esq. has a depth of experience in successfully representing clients charged under the 10-20-Life law.
What should I do if I am accused of a violent crime?
The first thing any person should do if they stand accused of a violent crime is contact an attorney. If that person is in custody, they should request a lawyer immediately. Do not state to any police officer, and do not send out rapid texts or phone calls to family or friends. The phone records of a recently accused or arrested person are routinely searched by the police and introduced as evidence against the accused. Remain calm and don’t panic.
Contact a lawyer, even if after hours, and set up a time and place to meet to discuss your case.
Our Firm can immediately assist after an accusation or arrest. Our team and investigators begin by obtaining and preserving favorable evidence for our client. We will make sure that your rights are protected and treated fairly by law enforcement and the court system. We will be ready to defend you against any charges.
Our Areas of Specialty
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
- Alien Smuggling
- Appeals/Post Conviction Motions
- Assault and Battery
- Burglary
- Child Pornography
- Domestic Violence
- Drug Crimes (Possession, Sale, Trafficking)
- Conspiracy
- Bond/Release
- Arson
- DUI/BUI Defense
- Embezzlement
- Extradition
- Federal Grand Jury Investigations
- Firearm Offenses
- Forfeitures
- Fraud
- Internet Crimes
- Juvenile Charges
- Kidnapping or False Imprisonment
- Mail/Wire/Fraud
- Medicare Fraud
- Medical Marijuana
- Murder and other Homicide offenses (Murder, DUI Manslaughter, Vehicular Manslaughter, Manslaughter)
- Nebbia requirements
- Probation Violations
- Federal/State RICO
- Robbery
- Sealing and Expungement
- Sexual Offenses
- Subpoenas (responding to or issuance of)
- Tax Evasion
- Theft
- Warrants
- Violations of Injunctions/Protective Orders
- White Collar
FAQs About Violent Crime Law in Miami,FL
How Can Social Media Impact My Violent Crime Case?
Social media posts, even those unrelated to the incident, can be used as evidence by prosecutors. Photos, messages, and videos can be taken out of context to suggest aggression or prior intent. Even private messages may be subpoenaed. It’s also important to avoid discussing your case online or posting anything that could be misinterpreted. Our team can help you understand how to manage your digital footprint during your case.
Can I Be Charged With A Violent Crime If I Never Physically Touched Anyone?
Yes. In Florida, actions like threatening someone with harm (assault), brandishing a weapon, or engaging in a violent conspiracy can result in criminal charges, even without physical contact. Prosecutors may use witness statements, surveillance footage, or digital evidence to prove your intent to cause harm. If you’re facing such allegations, a strong legal defense can challenge the evidence and argue against the claim that a crime was committed.
What Happens If the Alleged Victim Doesn’t Want to Press Charges?
In Florida, prosecutors — not the alleged victim — decide whether to pursue charges or not. Even if the victim recants or refuses to cooperate, the state can continue the case if they believe there’s enough evidence to convict. However, the victim’s testimony is often critical, and a lack of cooperation can weaken the prosecution’s argument. Our attorneys can help assess whether this factor could lead to a case dismissal or a reduction of charges.
Could a Violent Crime Conviction Affect My Ability to Rent an Apartment?
Yes, a violent crime conviction can appear on background checks, which can make it difficult to rent an apartment. Many landlords have policies against renting to individuals with felony convictions, especially for violent offenses. That said, some landlords consider factors like the nature of the crime, time since conviction, and rehabilitation efforts. Sealing or expunging your record, if eligible, may help improve your housing prospects.
Don’t Wait Another Minute. Get Your Free Phone Consultation Now.
When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
Brian Kirlew is here to represent you. You can schedule your free phone consultation with our criminal defense lawyers today to begin building a sound defense strategy.
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