An arrest can follow one heated call, one person's account, or a short video. That does not mean the police heard the whole story.
Miller & Jacobs slows the moment down. We compare what was said and done with video, messages, injuries, and witness accounts. Then we decide how to challenge the charge.
The first conversation is free. Mark J. Miller or Rick S. Jacobs remains responsible for every matter we accept.
You do not need a perfect explanation to begin. Start with the paperwork, the people who were there, and what you remember.
You may remember a threat, an attempt to leave, or a witness the police did not speak to. Those details belong in the review.
Who called first is not the same question as what happened.
Earlier messages can explain why you met, why you were afraid, or why you tried to leave.
Across a room, a witness may miss words or movements. We check their view against the full recording.
A prompt photo or 911 call may challenge a later account. We compare when each record was made.
The first account may shape the arrest. It does not get the final word.
A defense should test what was said, what was seen, what was recorded, and what the physical evidence supports.
A defense is not just a different story. It needs facts the prosecutor or court can examine.
We also ask what is at stake for you: work, family, licensing, or a related case.
We identify records at risk of deletion and seek them through the proper process. Preserve your originals without editing them.
We compare key statements for changes, gaps, and conflicts with the record. A confident witness can still be mistaken.
We test every required fact, not just the arrest label. The State must prove the charge; you do not have to prove your innocence.
We examine self-defense, accidental contact, mistaken identity, and other supported explanations. We also check for unlawfully obtained evidence.
We assess dismissal, reduced charges, or diversion, a program that may let an eligible person avoid a conviction. We explain the terms and trial risks before you decide. No result is promised.
Broward County Court handles misdemeanor cases; Circuit Court handles felony cases. We check your case record for the right division and hearing details. The steps below can overlap.
We identify urgent dates, custody concerns, and orders you must follow.
We request time-sensitive records and review any bond or release-condition issue.
We compare the filed accusation with the evidence the State supplies.
We explain any plea offer, other available options, and what a trial could involve.
We prepare you for what the court will address and what you need to bring.
Assault and battery are different charges. An added allegation can raise the stakes, but the State still has to prove it.
An intentional, unlawful threat of violence, an apparent ability to carry it out, and a well-founded fear of immediate violence. Contact is not required.
What was said or done, the distance between people, the apparent ability to act, and whether the feared violence was immediate.
A claimed intentional, unwanted touch or strike, or intentionally caused bodily harm.
Whether contact was intentional and unwanted, whether the accused was the person involved, and whether the force was legally justified.
Aggravated assault involves a deadly weapon without intent to kill, or intent to commit a felony. Aggravated battery can involve a deadly weapon or intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement. Battery against a pregnant person can also qualify when the accused knew or should have known of the pregnancy.
We test the deadly-weapon claim, actual injury, and required intent. The charge cannot rest on the label alone.
The relationship between the people can move an assault or battery case into the domestic-violence system.
Nondeadly force may be lawful when you reasonably believe it is needed to defend yourself or someone else from immediate unlawful force. Deadly force has a stricter test. It requires a reasonable belief that it is needed to prevent imminent death, great bodily harm, or a forcible felony about to occur, such as robbery.
We check who started the force and any duty to retreat. We also assess whether lawful self-defense supports an immunity hearing, where a judge can end the prosecution before trial.
Read Florida Statute 776.012 →Mark J. Miller or Rick S. Jacobs leads the cases we accept. Others may help, but strategy and preparation stay with a partner.
Member of The Florida Bar since 1995, with more than 70 reported jury trials.
Read Mark Miller's Bio →
Member of The Florida Bar since 1995, with more than 160 reported jury trials.
Read Rick Jacobs's Bio →You do not need every record or the perfect words. Start with the next court date, any release restrictions, and what worries you most. We will explain the first steps and whether we can take the case.
These answers explain the starting point. Your charge, evidence, and court orders can change the advice.
Yes. Intentional, unwanted contact can be battery without visible injury. We check whether contact happened, whether it was intentional, and whether the force was legally justified.
No. The prosecutor decides whether the case continues. A changed account can matter, but it does not automatically end the case. Follow every no-contact order and never pressure a witness.
Possibly. An argument alone does not decide self-defense. The immediate threat, who started the force, and the response matter. Deadly force has a stricter legal test than nondeadly force.
We seek earlier footage, audio, messages, and witnesses that may explain what happened before recording began. The missing portion could support or weaken either account.
A deadly weapon or qualifying injury may support a more serious charge. We examine how the object was used, the medical findings, and the required intent. Injury alone does not rule out self-defense.
Your first conversation is free. Fees depend on the investigation, hearings, motions, and trial work needed. The written agreement should explain the price and what it covers before you hire us.
A domestic allegation, felony charge, or probation issue can create separate questions. These pages explain them.
General information only. Every allegation, release condition, charge level, and defense depends on the actual facts and current law.
