Vehicular Assault Attorney in Miami

Defense Built on How the State Attorney’s Office Actually Prosecutes These Cases

Florida doesn’t have a single statute called “vehicular assault.” That term describes a category of conduct that prosecutors in Miami-Dade County charge under several different statutes depending on the facts. The charge path they choose carries its own legal standard, its own felony classification, and its own defense vulnerabilities. Knowing which path the State can take, and where it’s most likely to fall short, is where this defense starts.

Attorney Michael Mirer spent years as an Assistant State Attorney for Miami-Dade County, prosecuting all levels and types of crimes before being appointed to the Career Criminal Robbery Unit. That appointment put him directly inside the office that may handle your case. He has tried more than 100 cases and brings over 20 years of trial experience to every defense. At Law Office of Michael Mirer, P.A., we put that prosecution-side knowledge to work for you.

If you’re facing vehicular assault charges in Miami, don’t wait. We’re available 24/7 throughout Miami-Dade. Call (800) 798-0243 now for a confidential consultation at no cost.

How Florida Prosecutors Charge Vehicular Assault

Three primary charge paths apply to most vehicular assault cases in Florida. Each carries a different burden for the State and opens different lines of defense.

Aggravated Assault with a Deadly Weapon (Florida Statute 784.021):
A motor vehicle qualifies as a deadly weapon when used to threaten or harm another person. The State doesn’t need to prove physical contact occurred, only that the conduct created a well-founded fear of imminent harm. Third-degree felony.

Reckless Driving Causing Serious Bodily Injury (Florida Statute 316.192):
No intent to harm is required. The State must show the driver acted with willful or wanton disregard for the safety of others. Road-rage confrontations and high-speed incidents often produce this charge. Third-degree felony.

DUI with Serious Bodily Injury:
When impairment contributes to a crash that causes severe harm, prosecutors can add this charge alongside or in place of standard DUI charges. It also triggers licensing consequences separate from any criminal sentence. Third-degree felony.

Penalties If You’re Convicted

Each of these charges is a third-degree felony, carrying 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 tied to your prior record. Felony vehicular assault cases in Miami-Dade County are processed through the Circuit Criminal Division of the Eleventh Judicial Circuit at the Richard E. Gerstein Justice Building.

If someone died in the incident, prosecutors may escalate to vehicular homicide under Florida Statute 782.071, a second-degree felony carrying up to 15 years in prison and a $10,000 fine. If the driver failed to give information or render aid at the scene, that charge becomes a first-degree felony punishable by up to 30 years. Prior felony convictions can also trigger enhanced sentencing under the Florida Criminal Punishment Code.

The criminal sentence is only part of the picture. A felony conviction can affect:

• Employment and professional licensing applications
• Housing eligibility with landlords who run background checks
• Firearm rights under both state and federal law
• Civil liability from injured parties pursuing damages in a separate lawsuit

Defense Strategies We Evaluate in Vehicular Assault Cases

Having prosecuted cases for Miami-Dade County, Attorney Mirer knows how the State Attorney’s Office builds these charges and where the evidence commonly falls short. We work with experienced investigators and expert witnesses to identify the strongest lines of defense for each case.

Lack of Intent or Reckless Disregard:
A genuine accident or a sudden unforeseeable event, such as a medical emergency, can challenge the willfulness element the State must establish under Florida Statute 316.192.

Mistaken Identity:
Chaotic scenes produce unreliable witnesses. Surveillance footage, dashcam video, and forensic accident reconstruction can challenge identification when the State’s evidence is thin.

Self-Defense or Defense of Others:
Using a vehicle to escape imminent harm may constitute a legal justification under Florida law. Whether that applies depends on the specific facts and what was reasonably available to the driver in that moment.

Procedural & Constitutional Challenges:
An unlawful traffic stop, improper evidence collection, or Miranda violations can support motions to suppress evidence or dismiss charges.

Challenging the Serious Bodily Injury Standard:
The prosecution must establish that injuries meet the legal definition of serious bodily injury. Scrutiny of medical records is a common entry point for this defense. Statements made to law enforcement before an attorney is involved can also become part of the case against you, which is one reason early representation matters.

Why Miami-Dade Clients Retain Law Office of Michael Mirer, P.A.

Attorney Mirer’s path from Miami-Dade prosecutor to criminal defense attorney isn’t a background detail. It means he knows how cases like yours get filed, how they get built, and where they can come apart. That familiarity with the State Attorney’s Office and the local court system shapes how we approach your defense from the first conversation.

Attorney Mirer is recognized as a Top 100 Trial Lawyer and holds a Martindale-Hubbell Preeminent rating. We keep clients informed at every stage, and where outright dismissal isn’t possible, we pursue alternative outcomes focused on rehabilitation and your long-term situation rather than simply minimizing time served.

Contact a Vehicular Assault Lawyer in Miami Today

The earlier we get involved, the more options remain available before charges are formally filed or evidence is lost. We’re available 24/7, and your consultation is confidential and at no cost.

Call (800) 798-0243 now or reach us through our online contact form to speak with a vehicular assault attorney in Miami about your case.