Miami Robbery Attorney

If you or a loved one has been arrested or charged with a robbery offense, it is critical to consult with an experienced Miami robbery attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Understanding Robbery Charges in Miami

Robbery, in its most basic form, is the taking of money or property from another through the use of force, violence, assault, or putting the victim in fear. Under Florida Statute 812.13, robbery is defined as “the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

To prove a robbery charge under this statute, the state attorney must establish four key elements beyond a reasonable doubt:

  1. The defendant took money or property from another person or from their custody.
  2. The defendant used force, violence, assault, or intimidation against the victim when taking the money or property.
  3. The property taken had some value.
  4. The defendant intended to permanently or temporarily deprive the victim of their money or property.

If the state can prove these elements occurred during a continuous series of events, a robbery has been committed according to Florida law. Robbery is generally classified as a second-degree felony in Florida, punishable by up to 15 years in prison. However, there are a number of factors that can enhance the charges and penalties.

Types of Robbery Charges in Miami

There are several types of robbery charges in Miami that our clients commonly face, each with different elements and enhanced penalties. These include:

  • Armed Robbery – If the defendant carried a firearm or other deadly weapon during the robbery, it becomes armed robbery under Florida statute 812.13, a first-degree felony. This charge carries up to life imprisonment.
  • Robbery by Sudden Snatching – Defined under Florida statute 812.131, this charge applies when the victim was or became aware of the taking of property directly from their person. It is a third-degree felony unless a weapon is involved, then it rises to a second-degree felony.
  • Home Invasion Robbery – Occurs when the defendant enters a dwelling with intent to commit robbery and does commit robbery against the occupants. This is a first-degree felony punishable by life in prison if a firearm or deadly weapon was carried.
  • Carjacking – Involves taking a motor vehicle from another through force, violence, assault, or fear. It becomes a first-degree felony punishable by up to life in prison if a deadly weapon is carried.
  • Attempted Robbery – Occurs when the defendant intended to commit robbery but did not complete the act. The penalties are generally one degree lower than the completed offense would have been.

Defending Against Robbery Charges

When facing robbery charges in Miami, having an experienced criminal defense attorney on your side is critical. There are often weaknesses in the state’s case that can be identified and attacked. For example, we have successfully challenged the victim’s credibility and account of events, disputed whether the property taken belonged to the alleged victim, and argued the use of force occurred outside of the “continuous series of events” required under Florida law.

We also evaluate whether there are any affirmative defenses that apply to justify or excuse the alleged criminal conduct. In robbery cases, a common defense is that the defendant had a legitimate claim of right or ownership interest in the property taken. While force or threat of force is not justified, a good faith belief the property was yours can negate the intent to steal element.

Where appropriate, we also explore diversion programs with the prosecutor as an alternative to prison, such as deferred prosecution or Pretrial Intervention. Participation in these programs can result in charges eventually being dropped after a probationary period.

Robbery Penalties in Florida

The penalties for a robbery conviction largely depend on what type of charge you face:

  • Second-degree Robbery – Up to 15 years in prison and a $10,000 fine.
  • Armed Robbery – Minimum of 10 years up to life imprisonment if a firearm or deadly weapon was carried.
  • Robbery by Sudden Snatching (Strong Arm Robbery) – Up to 5 years in prison if no weapon is involved.
  • Home Invasion Robbery – Up to life imprisonment if a firearm or deadly weapon was carried.
  • Carjacking – Up to life imprisonment if a deadly weapon was carried.

The judge can also impose additional penalties like probation or restitution based on the circumstances. Having an experienced Miami criminal defense lawyer argue for the minimum penalty is crucial. We have successfully reduced charges to lesser offenses and secured probation sentences without any prison time for clients facing robbery allegations through effective negotiation and advocacy in court.

Speak to a Miami Robbery Attorney Today

If you or a loved one has been arrested for or charged with robbery in Miami-Dade County, you should immediately contact an experienced criminal defense lawyer.  As experienced robbery defense lawyers, we have successfully represented numerous clients facing complex theft and robbery charges. Don’t wait to get the strong legal defense you deserve in fighting these serious allegations.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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