Miami Robbery Attorney

If you or a loved one has been arrested or charged with a robbery offense, it is critical to consult an experienced Miami robbery attorney as soon as possible to protect your rights. 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 fear in the course of taking the money or property.
  3. The property taken had some value.
  4. The defendant intended to permanently or temporarily deprive the person or owner of the money or property.

The force, violence, assault, or fear may occur before, during, or after the taking, as long as it and the taking form a continuous series of acts or events. Robbery without a firearm or other weapon, often called strong-arm robbery, is a second-degree felony with a maximum sentence of 15 years in prison. Carrying a weapon can increase the charge 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 – Robbery with a firearm or other deadly weapon is a first-degree felony punishable by up to life in prison. Robbery with a weapon that is neither a firearm nor a deadly weapon is a first-degree felony with an ordinary maximum sentence of 30 years.
  • Robbery by Sudden Snatching – Under Florida Statute 812.131, this offense involves taking property directly from a person who becomes aware of the taking while it occurs. Unlike strong-arm robbery, it does not require force beyond that needed to take the property. It is a third-degree felony, or a second-degree felony if the offender carried a firearm or other deadly weapon.
  • Home Invasion Robbery – This offense involves entering a dwelling with the intent to commit robbery and then committing robbery against an occupant. It is a first-degree felony with an ordinary maximum sentence of 30 years, or up to life if the offender carried a firearm or other deadly weapon.
  • Carjacking – This offense involves taking a motor vehicle from another person or their custody through force, violence, assault, or fear, with the intent to temporarily or permanently deprive the person or owner of the vehicle. It is a first-degree felony with an ordinary maximum sentence of 30 years, or up to life if the offender carried a firearm or other deadly weapon.
  • Attempted Robbery – This charge requires intent to commit robbery and an act toward committing it that goes beyond mere preparation, followed by failure, interception, or prevention. An attempt generally carries a lower felony degree than the completed robbery, but firearm mandatory minimums and other sentencing enhancements may still apply.

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 that the use of force occurred outside of the “continuous series of events” required under Florida law.

If the allegations include holding someone against their will or forcing them to move during a robbery, prosecutors may also pursue kidnapping or false imprisonment charges. A kidnapping charge based on facilitating the robbery requires more than restraint that is merely incidental to the robbery; the nature and purpose of the confinement or movement matter.

We also evaluate whether any affirmative defenses 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 the use or threat of force is not justified, a good-faith belief that the property was yours can negate the intent-to-steal element.

We also assess whether a negotiated reduction or another resolution could avoid a prison sentence. Robbery under section 812.13 is a first- or second-degree felony, so it falls outside the ordinary misdemeanor and third-degree felony eligibility rules for Pretrial Intervention. Diversion may be an option only if the actual charge or a negotiated reduction meets the program’s requirements and the required approvals are obtained. Successful completion may lead to dismissal of the eligible charge.

Robbery Penalties in Florida

The ordinary maximum prison terms depend on the offense and the weapon involved:

  • Robbery without a firearm or other weapon (strong-arm robbery) – Up to 15 years in prison.
  • Robbery with a weapon other than a firearm or deadly weapon – Up to 30 years in prison.
  • Robbery with a firearm or other deadly weapon – Up to life in prison.
  • Robbery by Sudden Snatching – Up to 5 years in prison, or up to 15 years if the offender carried a firearm or other deadly weapon.
  • Home Invasion Robbery – Up to 30 years in prison, or up to life if the offender carried a firearm or other deadly weapon.
  • Carjacking – Up to 30 years in prison, or up to life if the offender carried a firearm or other deadly weapon.

These maximums do not account for all sentencing enhancements. Prior convictions and other facts can affect the sentence.

Florida’s firearm mandatory minimums are separate from these offense classifications. Under section 775.087, actual possession of a firearm during a qualifying robbery generally triggers a 10-year mandatory minimum. Discharging the firearm triggers a 20-year mandatory minimum. If the discharge causes death or great bodily harm, the mandatory minimum term ranges from 25 years to life. Special firearm provisions may also apply. Carrying a knife or another nonfirearm deadly weapon does not, by itself, trigger the 10-year firearm minimum.

If someone dies during a robbery or attempted robbery, a participant may also face felony-murder charges, even without an intent to kill. The applicable charge depends on the circumstances, including who caused the death.

Fines and restitution may also apply. Whether probation is available depends on the charge, sentencing rules, and any mandatory minimum. An experienced Miami criminal defense lawyer can assess the sentencing range and argue for the best outcome the facts and law support. We have secured reduced charges and probation without prison time for clients facing robbery allegations. Our case results include examples of how we have defended robbery allegations.

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.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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