Felony Criminal Defense Attorney in Miami
Facing a Felony Charge in Miami-Dade? Get Focused Defense On Your Side
When you are accused of a felony in Miami, everything feels like it is at risk. Prison time, a permanent criminal record, and immigration or job consequences can follow you for years. In this moment, you need a felony attorney in Miami for steady guidance and focused defense.
At Law Office of Armando J. Hernandez, P.A., we represent people facing serious charges in Miami-Dade County criminal courts. Our firm is led by attorney Armando J. Hernandez, a former Florida prosecutor with over 20 years of experience in criminal law.
We keep clients informed, answer questions directly, and remain available 24 hours a day when urgent issues arise. If you or a loved one is dealing with a felony arrest here in the area, you do not have to navigate this alone. You can reach our team at any time for a confidential consultation.
Put the experience of a Miami felony defense lawyer and former prosecutor in your corner. At the Law Office of Armando J. Hernandez, P.A., we offer a free consultation and are available 24/7. Reach us at (305) 400-0074 or contact us online.
Understanding Felony Laws in Florida
Florida law classifies felonies into five distinct categories under Florida Statute § 775.081. Unlike other states that may use "classes" or "levels," Florida’s degree-based system dictates the maximum prison time and fines you can face.
Our firm handles the full spectrum of these serious offenses, including:
- Capital Felonies: The most severe charges, such as first-degree murder, which can result in the death penalty or life imprisonment without the possibility of parole.
- Life Felonies: Crimes such as armed robbery or sexual battery on a minor, which can lead to life in prison and a fine of up to $15,000.
- First-Degree Felonies: Serious crimes like drug trafficking or aggravated battery on a law enforcement officer, punishable by up to 30 years in prison and a $10,000 fine.
- Second-Degree Felonies: Offenses such as burglary of a dwelling or aggravated battery, carrying up to 15 years in prison.
- Third-Degree Felonies: The broadest category, including grand theft, possession of controlled substances, and resisting an officer with violence. These carry up to 5 years in prison.
What makes Florida unique is the Criminal Punishment Code (CPC). Every felony is assigned a "severity level" from 1 to 10. These levels are plotted on a scoresheet alongside your prior criminal history. If your total points exceed 44, the judge is legally required to sentence you to prison unless a Miami felony defense lawyer can argue for a "downward departure"—a legal exception that allows for a lighter sentence.
Penalties and Collateral Consequences of Felony Convictions in Miami
The immediate threat is prison, but a felony conviction in Florida triggers "civil death"—a series of collateral consequences that last long after you leave the Department of Corrections.
The "Price" of a Conviction
- Mandatory Minimums: Florida has strict "10-20-Life" laws for crimes involving firearms, meaning a judge may have no choice but to give you a 10-year minimum sentence if a gun was possessed during the crime.
- The 85% Rule: Florida law requires those sentenced to prison to serve at least 85% of their time. There is no "parole" that will let you out after a few months for good behavior.
Lifelong Collateral Consequences
- Loss of Civil Rights: You lose your right to vote, serve on a jury, and hold public office until your rights are specifically restored by the Clemency Board.
- Firearm Prohibitions: It is a separate second-degree felony for a convicted felon to even touch a firearm or ammunition in Florida.
- Employment and Licensing: Most professional boards (nursing, real estate, law) will revoke your license. Furthermore, a felony on your background check makes securing a job in Miami's competitive market nearly impossible.
- Housing: Many landlords in Florida legally refuse to rent to anyone with a felony record, often leading to housing instability for entire families.
How Felony Cases Move Through Miami-Dade Courts
Facing a felony charge can feel overwhelming, especially when you are unsure what to expect next. Miami-Dade County follows specific procedures and timelines, and felony cases typically move through several defined stages:
- First appearance and bond hearing: After an arrest, you generally attend a first appearance, often at the Richard E. Gerstein Justice Building or another designated facility. The court addresses bond, release conditions, and initial scheduling. Having a felony criminal attorney in Miami can help you understand your bond options and what is being discussed.
- Arraignment and formal charges: At arraignment, the court formally presents the charges and asks for a plea. Before this hearing, we work to obtain discovery materials such as police reports and witness statements and review them with you so you approach arraignment informed and prepared.
- Discovery and case investigation: As the case progresses, both sides exchange information. We carefully analyze the evidence, identify weaknesses, and evaluate whether motions—such as motions to suppress unlawfully obtained evidence—may be appropriate. We may also seek additional records or consult with professionals when helpful.
- Plea negotiations: Plea discussions can happen at multiple points in the case. Drawing on attorney Hernandez’s experience as a former prosecutor, we help you evaluate any plea offers by weighing the evidence, potential outcomes, and risks of proceeding to trial.
- Trial preparation and trial: If the case proceeds to trial, it typically takes place at the Richard E. Gerstein Justice Building or another Miami-Dade felony courthouse. Trial preparation includes developing defense themes, planning cross-examinations, and preparing you and any defense witnesses.
- Ongoing communication: Throughout the process, we prioritize clear communication. We discuss upcoming court dates in advance, explain new developments or discovery, and help you understand how each change may affect your defense and available options.
Why Choose Our Miami Felony Defense Team
As a boutique firm, we do not try to be all things to all people. We keep a manageable caseload so we can review discovery carefully, analyze police conduct, meet with you and your family, and prepare for hearings or trial when necessary. You are not just a case number in our office, and you can expect regular communication about what is happening and why.
Our work in criminal defense includes a wide range of serious matters, such as violent offenses, drug crimes, DUI with serious consequences, and some federal criminal cases. This broader experience helps us understand how different charges interact and how a felony conviction can affect every part of your life.
We are also proud that attorney Hernandez has been recognized by organizations such as The National Trial Lawyers: Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. These honors come from outside groups and reflect a commitment to quality representation in criminal defense. They do not guarantee results in any individual case, but they do reflect the seriousness with which we approach our work.
Communication is central to our practice. We know that unanswered questions can be as stressful as the charges themselves. Our team works to return calls promptly, explain court settings before they occur, and provide updates as new information develops. For clients and families who are more comfortable speaking Spanish, we offer Spanish-language services so nothing is lost in translation.
Our Approach to Building a Strong Felony Defense
Building a strong felony defense starts with understanding both the facts of the case and the person facing the charges. The firm develops strategies that reflect the law, the evidence, and each client’s individual goals, rather than relying on a one-size-fits-all approach.
The defense process includes closely examining how the case began, reviewing police conduct, searches, and investigative steps, and identifying any constitutional issues that could limit the State’s evidence. Drawing on experience as a former prosecutor, attorney Hernandez also evaluates how the prosecution presents its case, looking for weaknesses, inconsistencies, and credibility concerns in witnesses or evidence.
Beyond challenging the State’s case, the firm emphasizes mitigation and informed decision-making. Clients’ backgrounds, responsibilities, and efforts to address underlying issues are considered alongside legal defenses. Throughout the case, the firm focuses on clear communication, helping clients understand their options and choose the path that best fits their circumstances.
What To Do Now If You Are Facing a Felony Charge
When felony charges are pending, the steps you take today can affect your options tomorrow. Even small decisions, such as who you talk to or what you post online, may have an impact. Taking a few practical measures can help protect your rights while you seek legal advice.
Here are some immediate steps to consider:
- Avoid discussing the facts of your case with anyone except your lawyer. Conversations with friends, family, or others could be repeated or misinterpreted, and social media posts can be used as evidence.
- Attend every court date on time and dress respectfully. Missing a court appearance can lead to additional problems, including a warrant.
- Keep all paperwork related to your case in one place. This includes arrest documents, bond information, and any contact information you receive from the court or the State Attorney’s Office.
- Write down what you remember about the events as soon as you can. Details can fade quickly, and your own notes may help you recall important points when you speak with your attorney.
- Reach out promptly to a felony lawyer Miami defendants trust, so there is time to review the case before key decisions are made.
You do not have to face the Miami-Dade felony process alone. Our team is available around the clock to answer calls from clients and families who are trying to understand what will happen next. We can speak with you in English or Spanish and explain your options in clear language.
Call (305) 400-0074 or reach out online now to speak with our team about your felony defense.
Frequently Asked Questions
How serious is the felony charge I am facing?
Felony charges are serious because they can bring prison time, fines, and a permanent record. The exact risk depends on the level of the felony, your history, and the facts alleged. We review these factors with you so you understand both the legal exposure and potential long-term effects.
How can a former prosecutor help with my felony case?
A former prosecutor understands how the State builds and evaluates cases. That background helps us anticipate strategies, analyze evidence, and negotiate from an informed position. Attorney Armando J. Hernandez uses his prosecutorial experience to assess risks and opportunities and to prepare a focused defense for each client.
Do I need a felony lawyer right away or can I wait?
It is usually better to involve a lawyer as early as possible. Early representation can help with bond issues, protect your right to remain silent, and guide you before you make statements or decisions. Waiting can limit options or allow important details or evidence to be lost.
Will I be able to reach your team when I have questions?
Yes. Our firm is available 24 hours a day for urgent needs, and we work to return calls and messages promptly. We believe consistent communication reduces stress and confusion. Our team can speak with you in English or Spanish so you can ask questions comfortably.
Can you handle my case if it involves multiple felony counts?
We regularly handle cases that include several felony counts or a combination of charges. Multiple counts can increase potential exposure, so careful analysis is important. We review each allegation, how they interact under Florida law, and what strategies may best address the case as a whole.