Vehicular Assault Attorney in Miami

Former Prosecutor. 20+ Years in Florida Criminal Law. Available 24/7.

A single traffic incident can trigger felony charges that follow you for years. If you’re facing a vehicular assault arrest in Miami, the hours immediately after are critical. The Law Office of Law Office of Armando J. Hernandez, P.A., P.A. is a boutique criminal defense practice based in Miami, and we’re available around the clock to take your call.

Attorney Armando J. Hernandez spent years as a Florida prosecutor before moving to defense work. That background gives our clients something many firms can’t offer: a direct read on how the Miami-Dade State Attorney’s Office builds these cases and where the prosecution tends to be vulnerable. We also serve clients in Spanish, which matters in a city where language barriers can compound an already stressful situation.

Don’t wait to get legal help. Statements made to law enforcement without an attorney present can be used against you. Call our Miami criminal defense team now at (305) 400-0074 to speak with us immediately.

How Florida Prosecutors Charge Vehicular Assault

Florida doesn’t have a statute called “vehicular assault.” It’s a descriptive term for conduct that prosecutors charge under one of three statutes, depending on the facts of the incident.

The three charge paths are:

• Aggravated assault with a deadly weapon under Florida Statute 784.021: A motor vehicle qualifies as a deadly weapon when used to threaten or harm another person. The statute covers aggravated assault committed with a deadly weapon without intent to kill, or with the intent to commit a felony. This is a third-degree felony.
• Reckless driving causing serious bodily injury: No intent is required. The State only needs to show willful or wanton disregard for the safety of persons or property. Common fact patterns include road rage, high-speed chases, or deliberately directing a vehicle at a pedestrian or another car.
• DUI with serious bodily injury: When impairment contributes to an accident causing severe harm, this third-degree felony applies. It carries its own licensing consequences on top of the criminal exposure.

Each charge path carries a different burden for the prosecution and opens different lines of defense. Knowing which statute the State Attorney’s Office may pursue, and what they’ll need to prove, shapes everything about how we respond.

Penalties for a Conviction in Florida

Third-degree felonies carry up to five years in prison and fines up to $5,000. A DUI with serious bodily injury conviction also triggers mandatory license revocation, with duration depending on the defendant’s prior record. If the incident resulted in a death, prosecutors may charge vehicular homicide, a second-degree felony carrying up to 15 years in prison and a $10,000 fine. That charge becomes a first-degree felony, punishable by up to 30 years, if the driver left the scene.

Enhanced penalties apply when the defendant has prior felony convictions or meets the threshold for career criminal status under the Florida Criminal Punishment Code. Beyond the criminal sentence, a felony record affects employment, professional licensing, housing eligibility, and the right to possess a firearm. Convicted defendants also face civil lawsuits from injured parties, separate from and in addition to the criminal case. Felony cases in Miami-Dade County are processed by the Circuit Criminal Division of the Eleventh Judicial Circuit at the Richard E. Gerstein Justice Building.

Defense Strategies We Examine

Every vehicular assault case turns on what the prosecution can actually prove. Attorney Hernandez’s years on the prosecution side of Florida criminal law mean he understands how these cases are built and where the evidence often falls short. Our boutique structure lets us investigate each client’s situation thoroughly rather than running cases on autopilot.

Defense arguments we evaluate include:

• Lack of intent or reckless disregard: A true accident, or an unforeseeable event such as a sudden medical emergency, can challenge the intent element the prosecution must establish under aggravated assault and related charges.
• Mistaken identity: Chaotic scenes produce unreliable witnesses. Surveillance footage, dashcam video, and forensic reconstruction can undermine identification.
• Insufficient evidence: Without reliable eyewitness accounts, clear video, or credible expert analysis, the beyond-a-reasonable-doubt standard is hard to meet. Gaps in physical evidence are a frequent defense entry point.
• Self-defense or defense of others: Using a vehicle to escape or prevent imminent harm may constitute a legal justification under Florida law.
• Procedural and constitutional challenges: An unlawful traffic stop, improper evidence collection, or Miranda violations can support motions to suppress evidence or dismiss charges.

Why Miami-Dade Clients Choose Our Firm for Vehicular Assault Defense

The Miami-Dade State Attorney’s Office employs aggressive prosecutors. Having an attorney who has worked on that side of the courtroom gives our clients a strategic perspective rooted in firsthand experience. Attorney Hernandez brings over 20 years of Florida criminal law experience, and he knows how the prosecution thinks because he was one.

Our firm is recognized by The National Trial Lawyers: Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Those credentials reflect a track record across serious criminal matters, from violent crimes to DUI and federal offenses. Because we operate as a boutique practice, each client gets consistent attention and direct communication throughout their case, not updates filtered through assistants or rotating associates. We’re available 24/7 and offer Spanish-language representation.

Questions Miami Residents Ask About Vehicular Assault Charges

Is vehicular assault a felony in Florida?

In most cases, yes. Aggravated assault with a deadly weapon and DUI with serious bodily injury are third-degree felonies. Vehicular homicide is a second-degree felony, escalating to first-degree if the driver left the scene.

Can I be charged if I didn’t intend to hit anyone?

Yes. Reckless driving causing serious bodily injury doesn’t require proof of intent. The prosecution only needs to show willful or wanton disregard for the safety of persons or property, which means an unintentional incident can still result in a felony charge.

Will I lose my driver’s license?

A DUI with serious bodily injury conviction typically results in mandatory license revocation. The length and conditions depend on the specific charge and your prior driving and criminal record.

What should I do immediately after an arrest in Miami?

Exercise your right to remain silent and contact a criminal defense attorney before speaking with law enforcement. Anything said without counsel present can be used to build the case against you.

Where will my case be heard?

Felony vehicular assault cases in Miami-Dade County are handled by the Circuit Criminal Division of the Eleventh Judicial Circuit at the Richard E. Gerstein Justice Building in Miami.

Facing Charges? Contact Our Miami Vehicular Assault Defense Team

The earlier you have legal representation, the more options we can explore. Our vehicular assault defense lawyers can review the facts of your case, explain what the prosecution is likely to argue, and build a defense strategy around the specifics of your situation. We handle the criminal case and keep you informed every step of the way.

We’re available 24 hours a day, seven days a week, and we offer Spanish-language consultations. Call Law Office of Armando J. Hernandez, P.A. now at (305) 400-0074 to speak with our team about your case.