Common Criminal Charges in Miami: What You Need to Know

Miami’s diverse culture and vibrant energy make it one of the most exciting cities in the world. But as with any buzzing metropolis, it has its legal intricacies, whose specifics could differ from other cities. Every day, individuals, especially visitors from different parts of the country, find themselves on the wrong side of the law – some for minor offences, while others are serious legal problems that could change their lives forever. Whether you are a Miamian, a Floridian, a transplant, a tourist caught off guard, or someone who wants to understand the intricacies of Florida’s legal landscape, knowing the different things you may encounter can be crucial. 

This entry will break down some of the most common criminal charges in Miami for you to better understand what they mean, how the state’s legal system works, and what you can and should do if you or someone you know and care about is involved. 

Common Criminal Charges In Miami

1 – Drug Possession and/or Trafficking

It is essential to know that Florida has one of the harshest drug laws in the country; even possession of small amounts can carry severe legal consequences, such as jail time, probation, and fines. This is why first-time drug possession charges are also a common occurrence in Miami, even for marijuana. 

Yes, you read that right: cannabis is illegal for recreational use in Florida. Cannabis possession of up to 20 grams (3/4 oz) is considered a misdemeanor offence and comes with a punishment of up to a year in jail, a $1,000 fine, and a driver’s license suspension.

Controlled substances have different legal classifications and penalties; here’s the Florida Statute Chapter 893 for reference. 

Fortunately for first-time offenders, there are alternatives to traditional penalties (e.g., jail time). These include drug court or diversion programs. Both focus on rehabilitation instead of punishment. Participating in and completing these programs may help offenders get charges against them dropped, if not reduced.

2 – Assault and Battery 

Altercations in the street or at social events can lead to heated arguments, often leading to physical exchanges. Assault is referred to as a threat of violence, while battery refers to actual physical contact. Charges for these offences range from misdemeanours to felonies. You can refer to Florida Statutes Section 784.011 for more information. 

Assault is considered a second-degree misdemeanour, a crime punishable by up to 60 days in jail and a fine of up to $500. The battery, conversely, is a first-degree misdemeanor and comes with up to 1 year of jail time and a fine of up to $1,000. 

3 – Driving Under the Influence

DUI is arguably the most common criminal charge for first-time Vice City and Florida offenders. Miami has seen 5,218 DUI arrests in 2023, while Florida state has more than 44,000 DUI arrests in the same year. Considering the city’s vibrant nightlife, this doesn’t come as a surprise. 

Florida Statutes Section 316.193 states that operating a vehicle while under a blood alcohol concentration (BAC) of 0.08% (measured through a breathalyzer) or higher is unlawful. A first offence for this criminal charge can lead to 6 months to 1 year of probation, up to a $500 fine, a minimum of 50 hours of community service, and mandatory participation in DUI school. Vehicles may also be impounded for 10 days. 

4 – Theft

Theft, as well as shoplifting, is a criminal charge that often results from a momentary lapse of judgment. Criminal theft charges are categorized by the value or amount of the property stolen, the type of property (or even services), or the conditions involved.

Petit theft of the second degree is the lowest offense. It is for stolen property worth less than $100. Offenders of petit theft could be jailed for up to 60 days and fined $500.

Petit theft of the first degree is for property valued at more than $100 but less than $750. It is considered a misdemeanor of the first degree, which could lead to one-year imprisonment and up to a $1,000 fine.

Grand theft of the third degree is a felony. It is committed against property over $750 but less than $20,000. This criminal charge can result in up to five years in jail and a fine not exceeding $5,000. 

Grand theft of the second degree is categorized on property valued from $20,000 to $100,000. Offenders could face 15 years in jail and a fine of no more than $10,000.

Grand theft of the first degree is for stolen property valued at more than $100,000. This is the most serious theft in Miami and Florida, and offenders could face up to 30 years imprisonment and a fine of no more than $10,000. 

5 – Disorderly Conduct

Disorderly conduct and disorderly intoxication are categorized as second-degree misdemeanors in Florida law. This could mean up to 60 days in jail, 6 months of probation, or both, and a $500 fine. Fortunately, in many cases, this criminal charge can be resolved through a plea deal, diversion programs, or community service. First-time offenders may enter programs designed to educate and rehabilitate to be able to negotiate the charges against them or even ask for dismissal. 

6 – Domestic Violence

Another prevalent criminal charge in Miami is domestic violence. While this offence is considered a misdemeanor, it still carries a harsh punishment in Florida, which includes up to one year of jail time and a fine of no more than $1,000. For more severe cases of domestic violence charges, the punishment can include restraining orders and even loss of custody. 

First-time offenders may undergo anger management classes and/or counselling to negotiate for harsh penalties.

Hiring an Attorney for Criminal Charges in Miami

If you or someone you know is dealing with these criminal charges, discuss your case with an experienced criminal attorney in Miami. They can advise you on the steps to take in dealing with your criminal charges to help you navigate the situation correctly and give you the best chances later on.