Violent Crimes Defense in Miami

Many violent crime cases are not what they first appear to be. People defend themselves. Witnesses get it wrong. Video tells a different story. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Assault and Battery

• Assault is a threat by word or act to do violence, with an apparent ability to do it, that creates a well-founded fear. Usually a second-degree misdemeanor.
• Battery is touching or striking someone against their will, or intentionally causing bodily harm. Usually a first-degree misdemeanor. A second battery after a prior battery conviction can be a third-degree felony.
• Felony battery is a battery that causes great bodily harm, permanent disability, or permanent disfigurement. A third-degree felony.
• Aggravated battery is a battery that intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon, or is against a person the defendant knew or should have known was pregnant. A second-degree felony.

If the case involves a family or household member, see Domestic Violence Defense.

Aggravated Assault With a Deadly Weapon

Aggravated assault is an assault with a deadly weapon without intent to kill, or with intent to commit a felony. It is a third-degree felony, and firearm enhancements can apply.

Offenses Against Law Enforcement Officers

When an assault or battery is knowingly committed against a law enforcement officer (and certain other protected workers such as firefighters and emergency medical providers) performing their duties, Florida raises the charge one level:

• Assault: from a second-degree to a first-degree misdemeanor.
• Battery: from a first-degree misdemeanor to a third-degree felony.
• Aggravated assault: from a third-degree to a second-degree felony.
• Aggravated battery: from a second-degree to a first-degree felony.

These cases often come down to body-cam video and what really happened during an arrest.

Robbery, Carjacking, and Home Invasion, in Brief

• Robbery is taking property from a person by force, violence, assault, or putting them in fear. With a firearm or deadly weapon, it is a first-degree felony punishable by up to life; with another weapon, a first-degree felony; with no weapon (strong-arm), a second-degree felony.
• Carjacking is a first-degree felony, and punishable by up to life with a firearm or deadly weapon.
• Home-invasion robbery is a first-degree felony in every form, and punishable by up to life with a firearm or deadly weapon.

Homicide, in Brief

• First-degree murder includes premeditated killings and certain killings during listed felonies. It is a capital felony.
• Second-degree murder is a killing by an act imminently dangerous to another and showing a depraved mind, without premeditation.
• Manslaughter is a killing by act, procurement, or culpable negligence, without lawful justification, that isn't murder or excusable homicide. A second-degree felony.

Attempted murder and other attempts are charged under Florida's attempt law, generally one level below the completed crime, with exceptions.

Kidnapping and False Imprisonment, in Brief

• Kidnapping is a first-degree felony punishable by up to life.
• False imprisonment is a third-degree felony, with harsher penalties when the alleged victim is a child under 13 and other crimes are involved.

Firearms and 10-20-Life

Florida's 10-20-Life law imposes mandatory minimum prison terms when a firearm is involved in certain serious felonies, including murder, sexual battery, robbery, and others listed in the statute:

• 10 years for actually possessing a firearm during the crime (3 years for some offenses, such as felon in possession).
• 20 years for discharging a firearm.
• 25 years to life if the discharge causes death or great bodily harm.

Higher minimums apply to some semiautomatic firearms with high-capacity magazines and to machine guns. Whether a firearm was actually possessed or discharged, and whether the jury makes that finding, are critical defense issues.

Self-Defense and Stand Your Ground

Florida law lets you use or threaten force when you reasonably believe it is necessary to defend yourself or another person against imminent unlawful force. Deadly force is justified if you reasonably believe it is necessary to prevent imminent death or great bodily harm, or the imminent commission of a forcible felony. If you are not engaged in criminal activity and are in a place where you have a right to be, you have no duty to retreat and may stand your ground.

The Stand Your Ground Immunity Hearing

A person who uses or threatens force as Florida law permits is immune from criminal prosecution, and "criminal prosecution" includes arrest, detention, and charging. (There are exceptions when the other person was a law enforcement officer performing official duties.)

The defense can ask for a pretrial immunity hearing. Under Florida law, once the defense raises a prima facie claim of self-defense immunity at that hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity (the State). If the judge grants immunity, the case is over. No trial.

This hearing is one of the most powerful tools in Florida criminal defense, and it requires real preparation: witnesses, video, scene evidence, and often expert help.

Witness, Video, and Forensic Defenses

• Eyewitness identification is often wrong, especially under stress, at night, or across races.
• Video from phones, businesses, and body cams can confirm self-defense or contradict the State's story.
• Forensics — DNA, fingerprints, gunshot residue, ballistics, and medical evidence — can be tested, challenged, or re-examined by defense experts.
• Statements taken without proper warnings may be suppressed.

Juveniles Charged as Adults

In Florida, prosecutors can directly file adult charges against some children 14 and older for certain serious offenses. Whether a case stays in juvenile court or goes to adult court changes everything about the possible sentence. Early intervention matters.

Bond in Violent Cases

For many violent charges, including first- and second-degree felonies, homicide, felony battery, and other listed offenses, Florida law does not allow release before first appearance. The judge must decide bond individually. The State may also seek pretrial detention with no bond, or an Arthur hearing may be needed for charges punishable by life. See Bond & Nebbia Hearings.

What to Do After an Arrest for a Violent Crime

1. Say nothing about what happened, even if you acted in self-defense. Ask for a lawyer.
2. Don't talk on jail phones or post online. Those words get used at trial.
3. Have family save evidence — videos, photos, texts, injuries to you, and witness names — before it disappears.
4. Don't contact the alleged victim or witnesses.
5. Call us to fight for bond and start the investigation right away.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

What is Stand Your Ground immunity?

If you used force as Florida law allows, you can be immune from prosecution. At a pretrial hearing, once the defense makes a prima facie showing, the State must overcome immunity by clear and convincing evidence.

I acted in self-defense. Should I explain that to the police?

Not without a lawyer. Self-defense is raised through your lawyer, with evidence, at the right time.

What is 10-20-Life?

A Florida law that sets mandatory minimum prison terms of 10, 20, or 25 years to life when a firearm is possessed or discharged during certain felonies.

Can I get bond on a violent charge?

Often, yes, but for many violent charges you must wait for first appearance, and the State can ask to hold you without bond.

Can a juvenile be charged as an adult?

In some serious cases, yes. An early defense can make a difference.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.