Miami Felony Defense Attorney

The best outcome in a felony case is often the one that never reaches a judgment: no charge filed, a charge dismissed, or a count reduced to something that does not carry prison time. The Law Office of Nayib Hassan, P.A. is a Miami felony defense attorney firm that handles state and federal felony cases for clients in Miami, Miami-Dade County, and across South Florida, including Broward, Palm Beach, and Monroe Counties.

A felony is not just a more serious misdemeanor. In Florida, the line is drawn at punishment: a case where the sentence can be a year or more in state prison belongs in the Circuit Criminal Division of the Eleventh Judicial Circuit, which serves Miami-Dade County. That single distinction changes who prosecutes the case, how fast it moves, what a judge can do at sentencing, and what a conviction does to the rest of your life.

Many Miami felonies are also federal. The same conduct, whether a financial transaction, a drug shipment, or a bank deposit, can be investigated by state and federal agents alike, and the choice of forum can change the exposure dramatically. Knowing early which court is likely to take the case is part of building the defense.

What Separates a First-Degree Felony from a Third-Degree Felony

Florida sorts felonies by degree, and the degree sets the ceiling. A third-degree felony carries up to 5 years. A second-degree felony carries up to 15 years. A first-degree felony can be punished by up to 30 years, or life when a specific statute provides for it. Fines follow the same ladder: up to $5,000 for a third-degree felony, up to $10,000 for first- and second-degree felonies, and up to $15,000 for a life felony.

Value-based charges show how thin the lines can be. Theft of property worth $750 or more but under $20,000 is a third-degree felony. At $20,000 up to $100,000 it becomes a second-degree felony, and at $100,000 or more a first-degree felony. Property worth $100 to under $750 is ordinarily a first-degree misdemeanor, but if it was taken from a dwelling it jumps to a third-degree felony. In those cases, the valuation of the property and the location of the taking are often the whole fight.

Why Choose the Law Office of Nayib Hassan, P.A. for Felony Defense in Miami

The Law Office of Nayib Hassan, P.A. is a criminal defense firm led by attorney and founder Nayib Hassan, who has spent more than 20 years inside the criminal justice system. Before going into private defense work, he was an Assistant State Attorney in Broward County, where he handled thousands of cases and tried hundreds to verdict. He knows how charging decisions are made, how prosecutors weigh trial risk, and where a felony case is weakest.

The firm represents business owners, professionals, and individuals charged with felonies in Miami-Dade County and throughout South Florida. Mr. Hassan is fluent in Spanish and speaks directly with clients and their families without an interpreter. The firm intentionally limits its caseload so the attorney handling your case is the attorney you talk to, and it is available 24 hours a day, 7 days a week, because arrests and agent visits do not keep office hours. Consultations are confidential.

His credentials are specific to this work. He is admitted to the Southern, Middle, and Northern District of Florida federal courts, the federal court for the District of Columbia, and the United States Court of Appeals for the Eleventh Circuit. He is recognized among the Top 100 Trial Lawyers by The National Trial Lawyers, holds a 10.0 Avvo rating, and serves on the Miami board of the Florida Association of Criminal Defense Lawyers. He teaches as an adjunct professor at St. Thomas University and has presented continuing legal education programs on federal court practice to other defense attorneys. His cases have drawn coverage from The Wall Street Journal, The New York Times, CNN, and the Miami Herald.

On results, Mr. Hassan has represented defendants in multi-defendant drug cases, including matters where charges were dismissed and a case where his client received one of the lowest sentences among all codefendants. Past results do not guarantee any outcome, but they reflect the kind of work a serious felony case calls for.

Felony Charges Our Miami Criminal Defense Attorneys Handle

• Drug Trafficking: Knowingly possessing, selling, delivering, or bringing into Florida 28 grams or more of cocaine is the first-degree felony of trafficking, with a 3-year mandatory minimum and a $50,000 fine at that weight. The minimum rises to 7 years at 200 grams and 15 years at 400 grams. Weight, often a mixture weight, drives the exposure, so lab testing and chain of custody matter.
• Grand Theft: Charged in three tiers by value, from third-degree to first-degree felony. Disputes usually center on how the property was valued, whether there was intent to deprive, and whether a business or ownership dispute is being treated as a crime.
• Fraud and White Collar Offenses: Wire fraud, bank fraud, bribery, false statements, and investment schemes are common in Miami and are often prosecuted federally in the Southern District of Florida. These cases turn on intent and on thousands of pages of financial records.
• Money Laundering and Currency Offenses: Moving money between accounts, through real estate, or across borders can generate laundering counts and sweeping forfeiture, and carrying cash into or out of the country without reporting it can lead to bulk cash smuggling charges.
• Healthcare and Medicare Fraud: Miami-Dade has long been a national focus of enforcement against clinics, pharmacies, home health agencies, and billing staff.
• Felony DUI: DUI becomes a felony when it involves death or serious bodily injury, and a conviction for DUI manslaughter requires permanent license revocation. DUI with serious bodily injury or vehicular homicide carries a three-year revocation.
• Identity Theft, Credit Card Fraud, and Firearm Offenses: Handled in both state and federal court, with the forum often decided by the facts and the agencies involved.
• Obstruction and Other Federal Crimes: Obstruction of justice, export and smuggling violations, and tax fraud, along with asset forfeiture proceedings that run parallel to the criminal case.

What to Do in the First Days of a Felony Case

Say nothing substantive to investigators. That includes agents at your door, detectives on the phone, and anyone who says they just want to clear something up. Ask for a name and contact information, state that you want a lawyer, and call one. A statement that seems harmless can supply intent, and a wrong answer to a federal agent can become its own charge.

If you have been arrested in Miami-Dade, the first court event is a bond hearing. On weekends and holidays, felony bond hearings are held once a day in the Richard E. Gerstein Justice Building, right after the morning misdemeanor jail arraignments. Felony cases are then heard in the Circuit Criminal Division at that same building. Having a lawyer at the first appearance matters because release conditions, bond amount, and early contact with prosecutors are all shaped there.

If you know you are under investigation but have not been arrested, you may have more options than someone already charged: presenting information to prosecutors, negotiating a voluntary surrender instead of an arrest, and addressing frozen accounts or seized property. Federal cases are heard in the Southern District of Florida, with Miami cases in the Wilkie D. Ferguson, Jr. United States Courthouse, the C. Clyde Atkins United States Courthouse, or the James Lawrence King Federal Justice Building.

Do not discuss the case on recorded jail phones, in texts, or on social media, and do not delete anything from phones or computers. Deleting data can look like obstruction and often makes things worse. Write down what you remember, gather documents, and let your lawyer decide what to do with them.

Deadlines, Records, and Long-Term Consequences

Prosecutors have a limited window to file most felonies. A first-degree felony must generally be commenced within 4 years of the offense and other felonies within 3 years. Capital felonies, life felonies, and felonies that resulted in a death have no deadline. Certain offenses carry longer periods, such as 5 years for specified insurance and workers’ compensation fraud violations. Whether the clock has run, or was paused, is worth checking in any older case.

The record question is just as important. A person adjudicated guilty of a felony is not eligible to have the record expunged or sealed in Florida. Eligibility generally depends on the case ending without an adjudication of guilt, and a Certificate of Eligibility from FDLE is required before a court can act. Even then, the statutes give the judge discretion to say no. That is why the goal of many felony defenses is to avoid a conviction on the record altogether, rather than to clean it up later.

Frequently Asked Questions About Felony Defense in Miami

What counts as a felony in Florida?

A felony is an offense punishable by death or by imprisonment in a state prison for a year or more. Felonies are graded as third-degree, second-degree, first-degree, life, or capital, and the grade sets the maximum sentence and fine.

Which Miami court hears felony cases?

State felonies in Miami-Dade County are heard in the Circuit Criminal Division of the Eleventh Judicial Circuit, which sits at the Richard E. Gerstein Justice Building. Federal felonies are heard in the Southern District of Florida.

What is the maximum sentence for each felony degree?

Up to 5 years for a third-degree felony, 15 years for a second-degree felony, and 30 years for a first-degree felony, or life when a specific statute provides it. Actual sentences are shaped by the scoresheet, the facts, and the judge.

Should I talk to the police before I hire a lawyer?

No. Be polite, identify yourself as required, and tell them you want to speak with a lawyer first. Statements can be used against you, and you cannot take them back.

Can a felony charge be reduced or dismissed?

Yes. Charges can be reduced through negotiation, dismissed after a successful motion to suppress evidence, or defeated at trial. The possibilities depend on the evidence, how it was obtained, and the strength of the government’s proof.

Can I seal or expunge a felony conviction in Florida?

Not if you were adjudicated guilty. Expunction and sealing are generally unavailable after an adjudication of guilt for a felony, even if civil rights have been restored, which is why the outcome of the case itself matters so much.

How is the value of stolen property decided in a grand theft case?

Value is a factual question, and the government has to support it. The difference between $749 and $750, or between $19,999 and $20,000, changes the degree of the offense, so appraisals, receipts, and market value evidence are often contested.

What is the difference between state and federal felony defense in Miami?

Federal cases are usually built over months or years by agencies like the FBI, DEA, and IRS Criminal Investigation, and sentencing follows the United States Sentencing Guidelines with no parole. State cases move faster and follow Florida’s sentencing scoresheet. A lawyer who works in both can spot when a case is likely to move from one system to the other.

Can a felony charge affect my professional license or business?

It can. Licensing boards and regulators may open their own review after an arrest or conviction, and forfeiture or frozen accounts can damage a business long before a verdict. Raising those issues early with your lawyer helps avoid avoidable damage.

How long does a felony case take in Miami-Dade?

It depends on the charge, the amount of discovery, and whether the case is resolved by plea or tried. Simple cases can resolve in months, while complex fraud, drug, and multi-defendant cases can take much longer, especially in federal court.

What happens if I cannot make bond?

You can ask the court to reduce the bond or change its conditions, and a lawyer can present information about ties to the community, employment, and the weight of the evidence. Federal detention hearings follow different rules and are often more difficult.

Do you handle felony cases outside Miami-Dade?

Yes. The firm defends felony cases in Broward, Palm Beach, and Monroe Counties and in federal courts across the country, including matters tied to Colombia, Mexico, the Bahamas, Ecuador, and Cuba.

Serving Felony Defense Clients Across Miami-Dade and South Florida

From downtown Miami and Miami Beach through Coral Gables, Kendall, and Homestead in the south, the firm represents clients charged with felonies throughout Miami-Dade County. In the northern and western parts of the county, that includes Hialeah, Doral, Aventura, North Miami, and Miami Gardens, along with the neighborhoods and municipalities in between.

The firm also takes felony cases in neighboring Broward County, where the Seventeenth Judicial Circuit sits in Fort Lauderdale, in Palm Beach County and its courthouses in West Palm Beach, Palm Beach Gardens, Delray Beach, and Belle Glade, and in Monroe County, where the Sixteenth Judicial Circuit serves Key West, Marathon, and Tavernier. Federal cases across the Southern District of Florida, and in federal courts elsewhere in the country, are part of the practice as well.

Talk to a Miami Felony Defense Lawyer Before You Decide Anything

Whether you have been arrested, received a target letter, or learned that agents have been asking about you, the choices made in the first days often decide how much room a defense has later. A Miami felony defense lawyer can step in early, speak to prosecutors on your behalf, and start protecting your position before the case hardens.

Call the Law Office of Nayib Hassan, P.A. any hour of the day or night to arrange a confidential consultation. We will listen to what is happening, explain the exposure plainly, and tell you what can be done.