Felony Offenses

Felony offenses are serious types of crimes in the State of Florida, and they each come with a possible prison sentence if convicted in addition to many other serious repercussions. Felony offenses are generally divided into three subcategories depending on their severity: First-Degree Felonies, Second-Degree Felonies, and Third-Degree Felonies.

The most severe and dangerous felony crimes are categorized as First-Degree Felonies. While some first-degree felonies come with a potential maximum sentence of life in prison, most come with a maximum possible sentence of 30 years in prison if convicted.

Slightly less severe felony crimes are categorized as second-degree felonies which come with a potential maximum sentence of 15 years in prison if convicted.

Lastly, the least severe felony offenses in Florida are categorized as third-degree felonies but, even they come with a possible maximum sentence of 5 years in prison if convicted.

A conviction of guilt for any felony will also come with serious lifelong consequences that could affect your ability to seek employment, retain custody of your children, vote, and live where you choose. 

Whether you have been charged with a First, Second, or Third-degree felony, consulting with an experienced Felony Criminal Defense attorney is crucial to the success of your case. In some instances, it can mean the difference of many years in prison or a conviction versus a dismissal.

As former prosecutors, who have handled thousands of felony cases of all types, we know the steps the prosecution will take in each type of case to secure a conviction against you. We use this experience to stay one step ahead of the prosecution which allows us to consistently secure successful results for our clients. Put our expertise on your side and contact the criminal defense lawyers at Lopez & DeFilippo today.

Aggravated Assault

An aggravated assault is an assault with a deadly weapon without an intent to kill or with an intent to commit a felony. This is a commonly charged felony in the State of Florida and one that the aggravated assault lawyers at Lopez & DeFilippo know how to aggressively defend.  Often, our client’s side of the story is overlooked when police officers are deciding who to arrest, and the first person to call 911 is usually who gets their story heard. Many times, our clients are acting in self-defense or were in defense of others when they were charged with aggravated assault. Our Miami aggravated assault attorneys will thoroughly investigate your case to make sure your side of the incident is heard and that all evidence demonstrating your innocence is identified and brought to light. 

Common deadly weapons used to charge aggravated assault include: guns, bats, knives/machetes, metal objects, glass bottles, bricks, pipes, and lumber.  

Chapter 784 Section 021 – 2021 Florida Statutes – The Florida Senate (flsenate.gov)

Different variations of Aggravated Assault that we defend:

• Aggravated Assault with a Firearm
• Aggravated Assault with a Deadly Weapon
• Aggravated Assault with Intent to Commit Felony
• Aggravated Assault on Law Enforcement Officer
• Aggravated Assault on Law Enforcement Officer with a Firearm
• Aggravated Assault on Sex Violent Predator Facility Staff
• Aggravated Assault on an Elderly Person (65 or older)
• Agg Assault on Spec. Official / by Detainee / on Code Insp.

Arson

Generally, the felony crime of arson occurs when a person intentionally sets a building or its contents on fire. The building must be a dwelling or structure where people are usually present.  People that have been arrested for arson in Florida can face serious consequences including multiple years in prison and be held criminally responsible for all the damages that were caused as a result of the fire or explosion. If you are arrested for arson in South Florida, the skilled arson attorneys of Lopez & DeFilippo will aggressively defend you from a conviction. As former prosecutors, we have the resources and experience to protect your rights and fight your arson case.

Chapter 806 Section 01 – 2021 Florida Statutes (flsenate.gov)

Different types of Arson charges that the attorneys at Lopez & DeFilippo defend against:

• Arson Resulting in Great Bodily Harm
• Arson of a Structure
• Arson of a Dwelling or Occupied Structure

Battery

In Florida, a battery is defined as an intentional touching or striking of another person against their will or in a manner that causes bodily harm. F.S. 784.03. 

Battery and its enhancements are common crimes that the attorneys at Lopez & DeFilippo have extensive experience in both prosecuting and defending. The least severe battery crime in Florida is the misdemeanor of simple battery which is defined as an intentional touching or striking of another person against their will or in a manner that causes bodily harm. F.S. 784.03. 

However, there are more severe battery crimes that a person can be charged with. The type of battery crime the State chooses to charge often depends on who sustained the physical contact and how the contact occurred. What would normally be the crime of misdemeanor battery, like an ordinary shove, could turn into a non-bondable felony with the possibility of life in prison if the shove occurred during the course of a burglary. It’s important to have an experienced Battery Attorney on your side who can identify the significant details of your case in order to effectively defend you from the charges. The battery attorneys at Lopez & DeFilippo know what it takes to get your battery case reduced, dismissed, or closed with the best possible results for you. As former prosecutors, we know how the other side will investigate and later present and prosecute your case. We have the resources to aggressively fight your case and the knowledge and experience to get you the best possible chance at a dismissal. 

Chapter 784 Section 03 – 2019 Florida Statutes – The Florida Senate (flsenate.gov)

While the crime of battery is a misdemeanor, depending on who the victim of the battery is and the manner in which the battery took place, the offense could be elevated to one of many more serious felonies including: 

Battery with Prior Conviction – 2nd or Subsequent

Battery with Prior Conviction: What would ordinarily be a simple battery becomes a felony of Battery with a Prior Conviction if you were previously convicted of a misdemeanor battery at the time the new battery was committed. For the purposes of this statute, a conviction includes even a prior withhold of adjudication for simple battery. 784.041

Felony Battery; Domestic Battery by Strangulation

Felony Battery: A simple battery is elevated to the crime of felony battery if the intentional touch or strike causes great bodily harm, permanent disability, or permanent disfigurement. A felony battery is a serious third degree felony that is punishable by up to 5 years in State prison if convicted. As with all felonies, if you are convicted of felony battery you will become a convicted felon which comes with many significant negative life-long consequences. Moreover, if you are on probation following a conviction for felony battery, any violation of your probation would result in your imprisonment as a Violent Felony Offender of Special Concern (VFOSC) until your probation violation hearing.  

Domestic Battery by Strangulation: In Florida, a person commits Domestic Battery by Strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. Testimony of impeded breathing or passing out is critical in order for the State to prove the crime of Domestic Battery by Strangulation. Domestic battery by strangulation is a third degree felony punishable by up to 5 years in prison if convicted. 

Additional battery felony offenses that we handle:

• Battery on Health Services Personnel
• Battery on Law Enforcement Officer
• Battery on Firefighter, Medical Provider, etc.
• Battery on Sexually Violent Predator Facility Staff
• Battery on Detention/Commitment Facility Staff
• Battery on Juvenile Facility Employee with Fluids 
• Battery on the Elderly (65 or older)
• Battery on Specified Official or Employee
• Battery by Detainee on Visitor or Detainee
• Battery on Code Inspector
• Battery on a Child / Bodily Fluids

Aggravated Battery

In Florida a person commits an aggravated battery if, in committing the battery he or she either:

(1) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 

(2) Uses a deadly weapon. 

Aggravated Battery and its enhancements are the most serious battery crimes in the State of Florida. Due to the violent nature of these offenses and the wishes of the victims, the State will typically prosecute these offenses aggressively and with little leniency. Although the most common Aggravated Battery charges are 2^nd degree felonies punishable by up to 15 years in prison, some Aggravated Battery charges are considered 1^st degree felonies and are punishable by up to 30 years in prison. It’s important to have an experienced defense attorney on your side to identify the important facts of your case and to defend against the State’s prosecution. The Miami Aggravated Battery lawyers at Lopez & DeFilippo know what it takes to get your Aggravated Battery case reduced, dismissed, or closed with the best possible results for you. As former prosecutors, we know how the other side will investigate and later present and prosecute your case. Our Miami Aggravated Battery attorneys have the resources to aggressively fight your case and the knowledge and experience to get you the best possible chance at a dismissal.

Chapter 784 Section 045 – 2017 Florida Statutes – The Florida Senate (flsenate.gov)

Other types of Aggravated Battery charges that the attorneys at Lopez & DeFilippo defend include:

• Aggravated Battery on Pregnant Victim
• Aggravated Battery on Law Enforcement Officer
• Aggravated Battery on Sex Violent Predator Facility Staff
• Aggravated Battery on Elderly (65 or older)
• Aggravated Battery on Specified Official or Employee
• Aggravated Battery by Detainee on Visitor or Detainee
• Aggravated Battery on Code Inspector

Burglary

Burglary is unlawfully entering a house or building with the intent to commit an offense therein. You could also be guilty of burglary if you stay in a building after you were ordered to leave while also having an intent to commit a crime.  Burglary can carry severe penalties in the State of Florida. Every house burglary, even if a first offense scores a minimum of 21 months of prison time. Prosecutors take this crime very seriously and you should too. The Miami burglary lawyers at Lopez & DeFilippo have the resources and skills required to resolve your case in a way you are satisfied.  Having been former prosecutors, we know how the other side will try to prove your case. This puts our Miami burglary attorneys at a unique advantage, which you need on your side.   

Florida burglary statute : Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

Chapter 810 Section 02 – 2012 Florida Statutes – The Florida Senate (flsenate.gov)

Our criminal defense lawyers represent people charged Burglary of any kind. Below is a list of Burglary crimes we represent:

• Impair/Impede Phone or Power to Commit Burglary
• Burglary or Attempt of Structure or Conveyance
• Attempted Burglary Unoccupied Conveyance
• Possession of Burglary Tools
• Burglary of Structure while Occupied
• Burglary of Conveyance while Occupied
• Burglary of Emergency Vehicle
• Burglary of Dwelling while Occupied
• Burglary of Dwelling while Unoccupied
• Burglary of Dwelling with Motor Vehicle or Damage $1,000+
• Burglary with an Assault or Battery
• Armed Burglary

Child Abuse & Neglect

Child abuse is the intentional infliction of physical or mental injury upon a child. Child neglect is when a care giver failure or omission to provide care to a child, supervision, and services necessary to maintain the child’s physical or mental health.  A conviction for a crime of child abuse or neglect can come with serious penalties and harm to your reputation. The child abuse lawyers at Lopez & DeFilippo have the resources and skills required to aggressively fight your case.  Being former prosecutors, our child abuse attorneys know how the other side will investigate and build a case against you. Our criminal defense attorneys use this knowledge to get you the best result possible in your case which may include dismissal of the charges. 

Link to Florida statue for child abuse/neglect: Chapter 827 Section 03 – 2018 Florida Statutes – The Florida Senate (flsenate.gov)

Chapter 827 Section 03 – 2018 Florida Statutes – The Florida Senate (flsenate.gov)

Our criminal defense lawyers represent people charged with all types of child abuse or neglect. Below is a list of charges:

• Child Abuse with No Great Bodily Harm
• Child Neglect with No Great Bodily Harm
• Child Abuse with Impregnating Child <16 by Def 21+
• Child Neglect with Great Bodily Harm
• Child Care Personnel Misrepresent to Parent Re: Child GBH
• Aggravated Child Abuse

Cruelty to Animals 

If you have been charged with animal cruelty are facing serious penalties. In many cases special prosecutors are appointed to these cases and their main objective is to achieve the highest penalty possible.  The animal cruelty lawyers at Lopez & DeFilippo have the resources and skills required to aggressively fight your case. Being former prosecutors, our animal cruelty attorneys know how the other side will investigate and build a case against you. Our criminal defense attorneys use this knowledge to get you the best result possible in your case which may include dismissal of the charges. 

Link to Florida statutes: Statutes & Constitution : View Statutes : Online Sunshine (state.fl.us)

Chapter 828 Section 12 – 2018 Florida Statutes – The Florida Senate (flsenate.gov)

Links to animal cruelty crimes in the news: 

Criminal Mischief

A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.  Depending on the value of the damage will determine whether criminal mischief can be a felony or misdemeanor. In the state of Florida is the damage is over $1000 then it will be a felony charge, punishable by up to 5 years in prison. Being Former prosecutors the criminal mischief lawyers at Lopez & DeFilippo, know how the other side will investigate and prosecute your case. Our criminal defense attorneys use this information to get you the best possible result in your case which may include a complete dismissal of the charges.

Chapter 806 Section 13 – 2018 Florida Statutes – The Florida Senate (flsenate.gov)

Conspiracy

In Florida conspiracy is defined as an agreement by two or more persons to commit a criminal offense, with the intent that the offense will actually be committed.

The crime of conspiracy is provided under Section 777.04(3), Florida Statutes, which provides: 

A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.

To sustain a conviction for the charge of Conspiracy, the prosecution must provide evidence that there was an agreement and evidence of actual intent to commit the crime. Rodriguez v. State, 719 So. 2d 1215 (Fla. 2d DCA 1998); Saint Louis v. State, 561 So. 2d 628 (Fla. 2d DCA 1990); Brown v. State, 967 So. 2d 440 (Fla. 4th DCA 2007).

Further, the prosecution is not required to prove that the defendant did any act in furtherance of the crime agreed to in the conspiracy and Courts have held that the agreement and intent alone are sufficient to be guilty of Conspiracy.

Conspiracy is a separate and distinct crime from the offense which the conspirators sought to carry out. 

Penalties: The penalties available for criminal conspiracy are described in Section 777.04, Florida Statutes, and range from 5 years in prison to 30 years in State prison.  Under the Florida Criminal Punishment Code, a conspiracy crime is ranked one level below the offense severity ranking for the offense that was the subject of the criminal conspiracy.

Chapter 777 Section 04 – 2012 Florida Statutes – The Florida Senate (flsenate.gov)

As former prosecutors, the attorneys at Lopez & DeFilippo know the many legal and factual defenses available to contest a charge of Conspiracy. We focus on the specific facts that affect the State’s ability to successfully prosecute a conspiracy case. We use our experience to identify these weaknesses in the State’s case in order to get you the best possible result. 

Extortion

In Florida, the crime of Extortion is defined in Florida Statute 836.05 which provides: 

Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree. F.S. 836.05 

Crucially, it is not necessary for the State to prove that the defendant actually intended to do harm to the other person. Similarly, the State does not have to prove that the defendant had the ability to carry out the threat. Also, in addition to prohibiting threats to cause physical damages, Florida courts have held that the Extortion statute also prohibits threats to cause mental or psychological damages. 

The crime of Extortion is a 2^nd degree felony and is punishable by up to 15 years in state prison and a $10,000 fine. Extortion is assigned a level 6 offense severity rating under Florida’s Criminal Punishment Code. For these reasons, it is important to have an experienced defense attorney to defend you if you are charged with Extortion.  

The Miami Extortion attorneys at Lopez & DeFilippo have the knowledge and experience necessary to hold the prosecution to their burden of proving every element of Extortion beyond and to the exclusion of every reasonable doubt. As former prosecutors, our Extortion attorneys know how the other side will investigate and build their case against you. When defending Extortion cases, the attorneys at Lopez & DeFilippo demand the State produce sufficient evidence that a threat was made, that it was made maliciously, and that it was made with the intent to extort money or compel the recipient to do something or refrain from doing something. If the State lacks the required evidence of any of these elements, then the attorneys at Lopez & DeFilippo will demand the reduction or even dismissal of the Extortion charge. Our criminal defense attorneys use our extensive knowledge to get you the best result possible in your case. 

Chapter 836 Section 05 – 2011 Florida Statutes – The Florida Senate (flsenate.gov)

Extortion by Written Threats to Kill or Injure

In Florida the crime of Written Threats to Kill or Injure occurs where a person threatens in writing to kill or commit bodily harm to another person, or to commit a mass shooting or act of terrorism. 

The crime of Written Threats to Kill or Injure is defined by Florida statute 836.10 which provides:  

It is unlawful for any person to send, post, or transmit, or procure the sending, posting, or transmission of, a writing or other record, including an electronic record, in any manner in which it may be viewed by another person, when in such writing or record the person makes a threat to:

(a) Kill or to do bodily harm to another person; or

(b) Conduct a mass shooting or an act of terrorism.

The State does not need to prove that the defendant actually intended to harm the victim/recipient. 

The crime of Written Threats to Kill or Injure is a 2^nd degree felony punishable by up to 15 years in prison, and a $10,000 fine. Written Threats to Kill or Injure is assigned a level 6 offense severity rating under the Florida Criminal Punishment Code. Considering these crimes often involve the intent to commit violence, prosecutors in Florida will often seek jail or rigorous probation sentences for these types of crimes even for first-time offenders.

With the rapidly increasing popularity of social media and smart devices, the attorneys at Lopez & DeFilippo have seen a marked increase in cases involving Written Threats to Kill or Injure, especially amongst juvenile defendants. We understand the numerous defenses available to the charge of Written Threats to Kill or Injure. In addition to successfully defending Written Threats cases, our attorneys have extensive experience prosecuting Written Threats cases during their time at the State Attorney’s Office. Our previous experience means we know how the other side will investigate and prosecute your Written Threats case. Our criminal defense attorneys use this information to get you the best possible result in your case which may include a complete dismissal of the charges.

Failure to Redeliver Hired Vehicle

Failure to Redeliver Hired Vehicle is a felony that the criminal defense attorneys at Lopez & DeFilippo handle frequently. 

Failure to Return a Hired Vehicle is defined in Florida Statute 817.52(3) which provides: 

Whoever, after hiring a motor vehicle under an agreement to redeliver the same to the person letting such motor vehicle or his or her agent, at the termination of the period for which it was let, shall, without the consent of such person or persons and with intent to defraud, abandon or willfully refuse to redeliver such vehicle as agreed shall, upon conviction, be guilty of a felony of the third degree.

Chapter 817 Section 52 – 2012 Florida Statutes – The Florida Senate (flsenate.gov)

The offense of Failure to Return a Hired vehicle is mainly seen in situations where a person fails to return a rental car or truck by the end of their rental period. The Attorneys at Lopez & DeFilippo know there are many innocent reasons why a rental car may not have been returned on time.  If you have been charged with Failure to Return a Hired Vehicle call the attorneys at Lopez & DeFilippo today to discuss your defense today.

False Imprisonment

False Imprisonment is the term in criminal law that means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will. The crime of false imprisonment carries serious penalties if convicted. There are also enhancements to the crime if a weapon was used and depending on who was falsely imprisoned.  

Common scenarios of false imprisonment.  In Florida actions such as grabbing a person by the arm, or standing in front of a door, can constitute the crime of false imprisonment. Although false imprisonment charges commonly arise out of domestic violence incidents, they are sometimes charged in other situations, like when a store owner or employee restrains a person suspected of theft.  

The difference between false imprisonment and kidnapping– > Both Kidnapping and False Imprisonment are serious felony offenses that are taken very seriously by the State Attorney’s Office. Although these crimes are similar, the crime of Kidnapping is considered slightly more severe because, in contrast to False Imprisonment, the crime of Kidnapping requires the intentional act of taking away or moving of a person against his or her will by use of force or the threat of force.  Whereas False Imprisonment does not have this added element. 

The false imprisonment lawyers at Lopez & DeFilippo have the resources and skills required to aggressively fight your case. Being former prosecutors, our false imprisonment attorneys know how the other side will investigate and build a case against you. Our criminal defense lawyers use this knowledge to get you the best result possible in your case which may include a complete dismissal of the charges. 

False imprisonment statue link: Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) Chapter 787 Section 02 – 2018 Florida Statutes – The Florida Senate (flsenate.gov)

Fleeing and Eluding

Fleeing and Elude is the crime associated with a “getaway chase”.  In the state of Florida, the charge of fleeing and eluding can have serious consequences. Fleeing and eluding is unique in Florida because it requires a mandatory conviction if found guilty. A conviction can lead to serious prison time, house arrest, probation, and loss of driving privileges for many years.   Having an experienced criminal defense attorney can make all the difference when resolving your case. The fleeing and eluding lawyers at Lopez & DeFilippo have the skills and resources necessary to aggressively fight for you in your case. Being former prosecutors, the fleeing and eluding attorneys at ld know how the other side will investigate and build a case against you. Our criminal defense lawyers use this knowledge to achieve the best result possible in your case which may include dismissal of your case. 

Florida statute for fleeing and eluding: Statutes & Constitution : View Statutes : Online Sunshine (state.fl.us) Chapter 316 Section 1935 – 2011 Florida Statutes – The Florida Senate (flsenate.gov)

Different types of fleeing and eluding charges our criminal defense attorneys defend:

• Fleeing & Eluding
• Fleeing & Eluding by Boat
• Fleeing & Eluding with Lights & Sirens Activated
• Fleeing & Eluding with High Speed or Wanton Disregard
• Aggravated Fleeing & Eluding (After LSA Injury or Damage)
• Fleeing & Eluding Causing SBI or Death
• Aggravated Fleeing & Eluding Causing SBI or Death

Fraud Offenses

Fraud in General  Fraud is broad legal term that is generally defined as the intentional use of wrongful or criminal deception intended to result in personal or financial gain. The wrongful deception often involves misrepresenting or withholding certain facts.  Despite the non-violent nature of these crimes, fraud offenses are punished harshly in Florida and a conviction for fraud could carry severe penalties including incarceration in a State prison and substantial criminal restitution to the alleged victim(s). 

In addition to criminal liability, perpetrators of fraud are often subjected to civil liability for their alleged actions. For these reasons, if you have been accused of a fraud offense, it is imperative that you consult with an experienced and aggressive Miami Fraud Attorney today. 

There are many different types of fraud charges that the attorneys at Lopez & DeFilippo have experience in handling. These offenses vary depending on the goal of the deception and manner that it was carried out, and they include: 

ID Fraud (Fraudulent Use Personal Identification Info) 817.568(2)(A)

In Florida a person who willfully and without authorization, fraudulently uses personal identification information concerning the victim, without first obtaining the consent of victim, commits the crime of Fraudulent Use of Personal Identification Info. 

What is “personal identification information”? PII means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person. PII typically includes but is not limited to: names, postal or electronic mail addresses, telephone numbers, social security numbers, and dates of birth… 

Penalties- Depending on the amount of damages and victims involved in the alleged fraud, the penalty for being convicted may be enhanced. If the fraud caused $5k or less in damages and there were less than 10 victims, then the offense is a 3^rd degree felony punishable by up to 5 years in state prison if convicted. However, this penalty can become a 1^st degree felony with a minimum mandatory prison sentence if the damages caused by the fraud is great enough or if there were a sufficient number of victims.

Chapter 817 – 2011 Florida Statutes – The Florida Senate (flsenate.gov)

Kidnapping

Kidnapping is a serious felony that is handled severely by prosecutors in Florida. Although similar to the offense of false imprisonment, kidnapping is considered slightly more egregious because kidnapping requires the intentional act of taking away or moving of a person against his or her will by use of force or the threat of force. 

The offense of kidnapping is a first-degree felony and can carry a penalty of life in prison. If you or a loved one has been charged with kidnapping call the experienced kidnapping defense attorneys at Lopez & DeFilippo to discuss your options.

Chapter 787 Section 01 – 2018 Florida Statutes – The Florida Senate (flsenate.gov)

Money Laundering

The crime of money laundering, although nonviolent, can be handled quite severely by the financial crimes prosecutors at the State. Money laundering occurs when a person conducts a financial transaction where the money or property involved in the transaction are the proceeds of an enumerated unlawful activity, and the person knew of the illegality of the proceeds. For this reason, money laundering is often charged along with additional charges for fraud, drug sales, or other racketeering offenses. 

Money laundering cases typically are “paper heavy” and involve voluminous evidence in the form of documents and records. The experienced attorneys at Lopez & DeFilippo know how to analyze the State’s evidence with a specific focus on the sufficiency of the evidence proving knowledge of the illegal activity.  

If you have been charged with money laundering and/or any related racketeering offense, it is imperative that you retain the experienced attorneys at Lopez & DeFilippo to schedule your free consultation where we can discuss the intricacies of your case and all your legal options.

Chapter 896 Section 101 – 2011 Florida Statutes – The Florida Senate (flsenate.gov)

Robbery

Robbery crimes are extremely serious and are aggressively prosecuted by the State of Florida. A robbery is a violent crime that occurs when a person takes property from another by using force or the threat of force.  These crimes range from third degree felonies to first degree felonies, and they come with severe penalties if convicted. 

This is why it is important to provide yourself with the best defense possible if you have been charged with this serious offense. Having been former prosecutors, the Miami robbery attorneys at Lopez & DeFilippo know how the other side will investigate and build their robbery case against you. We use this experience to gain you advantages each step of the way until we ultimately resolve you case. If you have been charged with any type of robbery, the Miami robbery lawyers at Lopez & DeFilippo have the experience and skills necessary to aggressively fight for you.

Chapter 812 Section 13 – 2010 Florida Statutes – The Florida Senate (flsenate.gov)

Common types of robbery charges that we handle:

• Robbery by Sudden Snatch
• Robbery by Sudden Snatch with a Firearm
• Strongarm Robbery 
• Robbery with a Weapon
• Robbery with a Firearm or Deadly Weapon
• Home Invasion Robbery
• Carjacking

Murder

The crime of murder is the most serious offense a person can be charged with, and it carries the highest penalties in the State of Florida. In Florida murder is defined as the unlawful killing of a human being when perpetrated from a premeditated design to effect the death of the person killed. The crime of murder also includes the unlawful killing of any human being when committed by a person who was engaged in an enumerated violent offense. Murder offenses are often charged as first degree or capital felonies and, if convicted, a murder defendant could face the death penalty or life in state prison. 

The serious nature of the charge of murder demands an equally serious defense strategy. The experienced attorneys at Lopez & DeFilippo work diligently investigating all potential defenses and mitigation to ensure that our clients’ rights are protected. 

If you or a loved one has been charged with a homicide, or if law enforcement believes you or a loved one is a suspect in a homicide investigation, it’s important that you call us right away so we can schedule your free consultation where we will discuss your rights and options in detail.

Chapter 782 Section 04 – 2011 Florida Statutes – The Florida Senate (flsenate.gov)

Resisting a Law Enforcement Officer with Violence 

Resisting An Officer with Violence is a relatively common felony that occurs when someone knowingly and willfully resists, obstructs, or opposes any officer in the lawful execution of any legal duty including arrest.  This offense can occur quickly during an interaction with police; a common example is pushing or pulling away from an officer during an arrest or lawful detainment. Many people become frustrated when they are arrested by police, especially if they believe it is wrongful.  However, it is important not let this frustration manifest into physical force against the officer during the arrest. The crime of resisting an officer with violence is a third-degree felony and carries a maximum sentence of five years in state prison, although this crime is commonly charged along with battery on a law enforcement officer as the alleged act typically violates both statutes, which would bring the maximum penalty to 10 years in state prison if convicted. If you have been charged with resisting an officer with violence it is important to hire an attorney with experience in defending these types of charges.

The attorneys at Lopez & DeFilippo thoroughly investigate all charges of resisting an officer with violence with a specific focus on the sufficiency and credibility of the State’s evidence.

Chapter 843 Section 01 – 2018 Florida Statutes – The Florida Senate (flsenate.gov)

Why Hire Lopez & DeFilippo? Having an experienced Miami Fraud attorney can make all the difference when resolving your case. The Miami fraud lawyers at Lopez & DeFilippo have the skills and resources necessary to aggressively fight for you in your case. Being former prosecutors, the fraud attorneys at Lopez & DeFilippo know how the other side will investigate and build a case against you. Our criminal defense lawyers use this knowledge to achieve the best result possible in your case which may include dismissal of your case.