Criminal Defense

Facing federal or state criminal charges? We help with complex federal and state law.

We represent clients across Florida. For Miami-Dade or South Florida, our Miami criminal defense lawyer can help.

Federal and state laws are complex. Deadlines are strict. Talk to a criminal defense lawyer early to protect your rights. We handle cases in Miami-Dade County Court, the Eleventh Judicial Circuit, the U.S. District Court for the Southern District of Florida (SDFL), and the Eleventh Circuit Court of Appeals. Our criminal defense guides explain what happens after an arrest, bond, pretrial hearings, and more.

Overview

Criminal defense protects your rights when you face charges in federal or state court. Federal cases are prosecuted by the U.S. Attorney's Office and follow federal statutes and the U.S. Sentencing Guidelines. State cases in Florida are handled by county and circuit courts, with the State Attorney's Office handling prosecution. In Miami-Dade County, criminal matters are heard in Miami-Dade County Court (misdemeanors and some felonies) or the Eleventh Judicial Circuit Court. Federal cases arising in South Florida are prosecuted in the United States District Court for the Southern District of Florida (SDFL), with appeals to the Eleventh Circuit Court of Appeals. A criminal defense attorney can help you understand which court applies and build a defense tailored to your situation.

Our Miami practice includes dedicated representation for DUI, drug crimes, federal charges, domestic violence, assault, child abuse defense.

We handle assault, aggravated battery, child abuse and neglect, money laundering, racketeering, drug trafficking, sex trafficking, bulk cash smuggling, and other charges. See our federal case results and post-conviction outcomes.

We also represent clients charged with attempted murder with a firearm, felony murder, manslaughter, kidnapping, robbery, home invasion, sexual battery, shooting or throwing a deadly missile, possession of an illegal weapon, firearm possession by a convicted felon, perjury, tampering, immigration offenses, illegal kickbacks, IPO fraud, healthcare fraud, tax fraud, tax evasion, RICO, crypto currency and unlicensed money exchange, and related offenses.

Federal and State Criminal Defense in Miami and Florida

In Miami-Dade County and South Florida, criminal cases may be prosecuted in state court or federal court. State cases are handled in Miami-Dade County Court (County Court for misdemeanors) or the Eleventh Judicial Circuit Court (Circuit Court for felonies). Both sit in Miami. The Miami-Dade State Attorney's Office prosecutes state cases. Federal cases arising in the region are prosecuted in the United States District Court for the Southern District of Florida (SDFL), Miami Division. Appeals from federal convictions go to the U.S. Court of Appeals for the Eleventh Circuit.

Federal and state criminal defense differ in important ways. Federal sentencing uses the U.S. Sentencing Guidelines; there is no parole in the federal system. Federal investigations often run longer before charges are filed. A Florida federal criminal defense attorney or Miami criminal defense lawyer who handles both can advise on where your case may be filed and what to expect. For Miami-Dade–specific representation, see our Miami DUI lawyer, domestic violence defense lawyer in Miami, assault lawyer, and drug crimes lawyer pages.

What This May Involve

Our criminal defense practice includes full representation from investigation through trial and appeal. We review discovery and evidence, file pre-trial motions (including motions to suppress and motions to dismiss), negotiate with prosecutors when appropriate, and represent clients at trial when necessary. In federal court, we appear in the Southern District of Florida and other districts nationwide, and handle appeals in the Eleventh Circuit. In Florida state court, we practice in Miami-Dade, Broward, and elsewhere. Federal court has distinct rulesβ€”no parole, mandatory sentencing guidelines, and longer typical sentences. Early representation is critical.

  • Review charges and evidence
  • Research and case analysis
  • Motions and legal challenges
  • Plea talks when helpful
  • Trial when needed

Common Steps in a Case

Each case is different. Most follow these steps:

  • Initial consultation and case evaluation
  • Investigation and evidence review
  • Legal research and strategy development
  • Pre-trial motions and hearings
  • Negotiations when appropriate
  • Trial proceedings if necessary
  • Sentencing or resolution

Steps and timelines vary by case and jurisdiction.

When to Speak With a Lawyer

If you face criminal chargesβ€”federal or stateβ€”or believe you are under investigation, speak with a criminal defense attorney as soon as possible. Early representation helps protect your rights during questioning, bond hearings, and arraignment. Federal investigations often run for months before charges are filed; having counsel during that phase can influence whether and how you are charged. In Miami-Dade, bond court and first appearance typically occur within 24 hours of arrest.

For common questions about arrests, bond, federal vs. state charges, and sentencing, see our criminal defense FAQ.

The Law Offices of Paul D. Petruzzi, P.A. represent clients in Miami, Miami-Dade, Broward, and nationwide. We handle federal and state criminal matters including investigations, bond hearings, trials, appeals, and post-conviction relief. For a free consultation, contact our office or call us. See our case results and practice areas for more information.

Disclaimer: This page provides general information and does not create an attorney–client relationship. The information presented is not legal advice and should not be relied upon without consulting with a qualified attorney about your specific situation.

Charges We Handle

Drug Importation

Importing drugs into the United States and the state of Florida is a serious offense. Laws prohibiting the illegal importation of controlled substances carry mandatory minimum sentences and punishment of up to life in prison based on the type and amount of the substance being imported.

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Drug Manufacturing / Drug Labs

Manufacturing controlled substances is a crime under both state and federal law.

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Drug Possession

Possession of a controlled substance is a serious offense under both state and federal law.

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Drug Possession W Intent to Distribute

Possession with the intent to distribute controlled substances is a serious crime under both state and federal law.

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Drug Trafficking

Drug trafficking is a serious federal crime that involves the illegal distribution, sale, or transportation of controlled substances across state lines or international borders.

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Drug Paraphernalia

Drug paraphernalia refers to the equipment, products, and materials used in the cultivation, production, distribution, or consumption of controlled substances, such as narcotics or illicit drugs.

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Drug Cultivation

Cultivation, grow house and hydroponic offenses are often included in drug manufacturing statutes that criminalize the preparation of any soil or hydroponic medium for the planting of a controlled substance, the tending, and care of a controlled substance, or the harvesting of a controlled substance.

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Tax Fraud

Tax fraud is a serious criminal offense that involves the intentional evasion of tax obligations through fraudulent means, such as false statements, omissions, or misrepresentations on tax returns.

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Tax Evasion

Tax evasion is a criminal offense that involves the intentional avoidance of tax obligations through illegal means, such as underreporting income, inflating deductions, or concealing assets.

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Sales Tax Evasion

Sales tax evasion is a criminal offense that involves the intentional avoidance of sales tax obligations through fraudulent means, such as underreporting sales, inflating deductions, or concealing transactions.

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Healthcare Fraud

Healthcare fraud is a serious criminal offense that involves the submission of false or misleading claims to healthcare programs, such as Medicare or Medicaid, for reimbursement or payment.

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ALF Fraud

ALF fraud is a criminal offense that involves the submission of false or misleading claims to assisted living facilities (ALFs) for reimbursement or payment. Federal ALF fraud laws prohibit individuals and entities from engaging in deceptive practices to defraud ALFs.

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Medicare, Medicaid, etc

Medicare and Medicaid fraud is a serious criminal offense that involves the submission of false or misleading claims to government healthcare programs for reimbursement or payment.

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Mental Health Clinic Fraud

Mental health clinics offenses often occur when an individual uses health care program benefits involving a mental health clinic for means other than what is permitted by law, such as filing for benefits without actually performing the treatments that were paid for by the benefit program.

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HIV Fraud

HIV fraud is a criminal offense that involves the submission of false or misleading claims related to HIV/AIDS treatment or services for reimbursement or payment. Federal HIV fraud laws prohibit individuals and entities from engaging in deceptive practices to defraud government healthcare programs.

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DME Fraud

Durable medical equipment (DME) fraud is a criminal offense that involves the submission of false or misleading claims related to DME for reimbursement or payment. Federal DME fraud laws prohibit individuals and entities from engaging in deceptive practices to defraud government healthcare programs.

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Illegal Kickbacks

Illegal kickback offenses often occur when an individual uses health care program benefits for means other than what is permitted by law, such as filing for benefits under someone else's name with fake information with which to base the claim, and then taking a portion of that money for a use that is inconsistent with the application for benefits.

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Child Pornography

Child pornography statutes make it unlawful to possess, intentionally view or transmit material depicting sexual conduct by a child. In Florida, possession of three or more photographs of a child engaged in sexual conduct can be used as evidence of intent to transmit the material.

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Indecent Exposure

Indecent exposure is a criminal offense that involves the intentional exposure of one's genitals or other private body parts in a public place or in the presence of others in a manner that is offensive or lewd.

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Indecent Exposure To A Child

Indecent exposure to a child is a criminal offense that involves the intentional exposure of one's genitals or other private body parts in the presence of a minor in a manner that is offensive or lewd.

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Lewd And Lascivious Conduct

Lewd and lascivious conduct is a criminal offense that involves engaging in sexual behavior or acts that are considered indecent, obscene, or offensive in nature. Federal and state laws prohibit individuals from engaging in lewd and lascivious conduct.

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Sex Trafficking

Sex trafficking is a serious federal offense that involves the recruitment, harboring, transportation, provision, or obtaining of individuals for the purpose of engaging in commercial sex acts through force, fraud, or coercion or involving minors in such activities for financial gain.

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Sexual Battery

Sexual battery is a criminal offense that involves the non-consensual touching or sexual contact with another person, often involving force, coercion, or intimidation. Federal and state sexual battery laws prohibit individuals from engaging in this behavior.

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Soliciting

Soliciting is a criminal offense that involves the act of enticing, persuading, or encouraging another person to engage in sexual activity in exchange for money, goods, or services. Federal and state solicitation laws prohibit individuals from engaging in this behavior.

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Immigration Offenses

Immigration offenses encompass a range of violations related to immigration laws and regulations.

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Immigration Fraud

Immigration fraud typically involves the false alteration or making of a document required by statute for entry into the United States.

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Carrying A Concealed Weapon

Carrying a concealed weapon is a criminal offense that involves the possession of a concealed firearm or other dangerous weapon in public without a permit or legal authorization. Federal and state laws regulate the carrying of concealed weapons to protect public safety and prevent violence.

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Firearm Possession By A Convicted Felon

Firearm possession by a convicted felon involves the unlawful act of possessing a firearm or ammunition by an individual previously convicted of a felony.

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Possession Of An Illegal Weapon

Possession of an illegal weapon involves the unlawful act of owning or carrying a firearm or weapon that is prohibited by law. Penalties for this offense vary by jurisdiction and may include imprisonment and fines. Additionally, individuals may face potential federal charges under 18 USC Sec. 922.

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Trafficking In Firearms

Trafficking in firearms involves the illegal act of selling, transferring, or distributing firearms, typically in large quantities and often across state or national borders.

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Aggravated Battery

Aggravated battery involves the intentional and unlawful act of causing serious bodily harm or injury to another person, often through the use of a deadly weapon or under circumstances likely to cause great bodily harm or death.

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Assault

Assault involves the intentional act of causing apprehension or fear of imminent bodily harm or offensive contact in another person.

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Attempted Murder With A Firearm

Attempted murder with a firearm involves the deliberate but unsuccessful attempt to kill another person using a firearm. Penalties for this offense typically include a minimum of 10 years imprisonment up to life imprisonment, along with heavy fines.

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Battery

Battery involves the intentional and unlawful act of causing bodily harm or injury to another person. Penalties for battery vary by jurisdiction and may include imprisonment and fines. The severity of the offense depends on factors such as the extent of harm caused and whether a weapon was involved.

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Battery On An LEO

Battery on a Law Enforcement Officer (LEO) involves the intentional and unlawful act of causing bodily harm or injury to a police officer or other law enforcement personnel while they are performing their official duties.

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Child Abuse or Neglect

Child abuse or neglect involves the intentional harm, mistreatment, or neglect of a child, resulting in physical, emotional, or psychological damage.

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Felony Murder

Felony murder is a legal doctrine in which a person can be charged with murder if a death occurs during the commission of a felony, even if the death was unintentional.

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Home Invasion

Home invasion involves the unlawful entry into a residence with the intent to commit a crime, such as robbery, assault, or burglary.

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Kidnapping

Kidnapping involves the unlawful taking and confinement of a person against their will, often with the intent to hold them for ransom, facilitate another crime, or inflict harm.

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Manslaughter

Manslaughter involves the unlawful killing of a person without malice aforethought.

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Negligent Homicide

Negligent homicide involves the unlawful killing of a person through gross negligence or reckless behavior without the intent to cause death. Penalties for negligent homicide vary but typically include imprisonment ranging from a minimum of 1 year to a maximum of 10 years, along with heavy fines.

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Resisting Arrest With Violence

Resisting arrest with violence involves the intentional and forceful obstruction of a law enforcement officer's attempt to make a lawful arrest.

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Robbery

Robbery involves the unlawful taking of property from another person or their immediate presence through the use of force, intimidation, or threat of violence.

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Shooting Or Throwing A Deadly Missile

Shooting or throwing a deadly missile involves the act of discharging a firearm or throwing a projectile that can cause serious injury or death, such as a rock or bottle, at a person, vehicle, or occupied structure.

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Insider Trading

Insider trading involves the illegal practice of trading on the stock exchange to one's own advantage through having access to confidential information.

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ICO Fraud

ICO (Initial Coin Offering) fraud involves the deceitful promotion or sale of cryptocurrency tokens to investors, often through false or misleading statements about the potential returns or legitimacy of the ICO.

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IPO Fraud

IPO (Initial Public Offering) fraud involves deceitful practices related to the initial sale of a company's shares to the public.

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Antitrust Violations

Antitrust violations occur when there are actions that restrain business competition. Antitrust laws such as the Sherman Antitrust Act and the Clayton Act make it a crime to restrain interstate or foreign commerce and to have monopolies and anti-competitive agreements.

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Bulk Cash Smuggling

Bulk cash smuggling often involves the transfer of large amounts of money that make up the proceeds of an illegal activity. In many cases, the money that is being smuggled is used to fund an unlawful organization. Both federal and Florida laws include heavy fines and severe criminal penalties.

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Money Laundering

Money laundering usually involves the transfer of money that is the result of illegal activity with the intent that the money will support further illegal activity.

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Embezzlement

The crime of embezzlement is a felony under both Florida and federal law.

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Counterfeit Currency

Counterfeit currency statutes make it unlawful to possess fake currency in certain amounts as well as make it unlawful to possess devices used to make fake currency.

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Crypto Currency / Unlicense Money Exchange

Operating an unlicensed money exchange or engaging in illicit activities involving cryptocurrency without proper regulatory compliance can lead to severe legal penalties.

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Currency Reporting Crimes

Currency reporting crimes involve violations of laws requiring the reporting of large currency transactions. Federal law requires the reporting of currency transactions over certain thresholds, and failure to comply can result in criminal penalties.

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RICO

RICO (Racketeer Influenced and Corrupt Organizations Act) violations involve engaging in a pattern of illegal activity as part of an enterprise, such as organized crime or gang activity.

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Racketeering

Racketeering involves engaging in a pattern of illegal activity conducted as part of an enterprise, which often includes crimes such as extortion, bribery, money laundering, and fraud.

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CCE Continuing Criminal Enterprise

Continuing Criminal Enterprise (CCE) involves organizing, supervising, or managing a series of drug-related offenses as part of a large-scale operation.

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Perjury

Perjury offenses are charged after an individual takes an oath to tell the truth in an official proceeding, but is found to have lied. Official proceedings include trials, hearings and congressional inquiries. Both federal and Florida laws include heavy fines and severe criminal penalties.

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Obstruction Of Justice

Obstructing justice offenses often occur when an individual is said to have interfered with a federal or state agency's investigatory work or prosecution.

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Arson

Arson involves the willful and malicious burning of property, such as buildings, vehicles, or land. Penalties for arson are severe and typically include imprisonment ranging from a minimum of 5 years to a maximum of 20 years, along with heavy fines.

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Human Trafficking

Human trafficking is often referred to as a type of modern-day slavery.

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Stalking

Stalking involves repeatedly following, harassing, or threatening an individual, causing them fear or distress. Penalties for stalking are severe and typically include imprisonment ranging from a minimum of 1 year to a maximum of 5 years, along with heavy fines.

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Tampering

Tampering involves altering, damaging, or interfering with evidence, witnesses, or records to obstruct justice or influence the outcome of a legal proceeding.

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Request a Free Consultation

If you need assistance with a criminal defense matter, we are available to discuss your situation and explore how we may be able to help.