Miami, FL Robbery Lawyer

Attorney Defending Against Robbery Charges in Miami

The severity of theft charges will depend on the value of the property that was allegedly stolen. However, some situations involving theft may lead to more serious charges of robbery due to allegations of the use of force, violence, or intimidation when taking property. Robbery charges involve a combination of property crimes and violent crimes, making these offenses some of the most serious types of felony offenses. Because of the trauma that may be inflicted on victims of robbery and the threat to public safety, prosecutors will often seek harsh penalties for people who are charged wth these offenses.

Stroleny Law: Criminal Defense Attorney represents clients who have been accused of robbery in Miami. These cases require an attorney who can navigate issues involving the alleged theft of property and accusations involving assault or other forms of violence. Our lawyer can address issues such as the misidentification of a suspect, disputed facts about what actually occurred, or claims related to the possession or use of weapons. He will fight to resolve cases while helping to avoid convictions or reduce the potential penalties a person may face.

Robbery Charges Under Florida Law

According to Florida Statutes § 812.13, robbery involves taking money or property from someone through the use of force or violence or threats to inflict injuries or cause other forms of harm. The critical distinction between theft and robbery is the use of force against victims or the threat to do so.

The force involved in a robbery may include physical violence, threats of harm, or creating fear that violence will occur. Allegations of grabbing property from someone's hands, pushing a person while committing theft, threatening harm unless property is surrendered, or displaying weapons to cause intimidation may lead to robbery charges.

Property must be taken from a person or in their presence. Stealing from an unoccupied home or building can lead to charges of burglary, but if a person allegedly confronted the occupants of a building and demanded that they turn over property, they may be charged with robbery.

Robbery is generally classified as a second-degree felony. A conviction may lead to a sentence ofup to 15 years in prison and fines reaching $10,000. Second-degree felony charges may apply when no weapons were involved in an alleged robbery, and there were no aggravating factors.

Factors That Can Lead to More Serious Robbery Charges

A person may be charged with armed robbery if they allegedly carried a weapon when committing an offense. In these cases, robbery may be charged as a first-degree felony. While a first-degree felony conviction generally carries a maximum sentence of 30 years in prison, a person who is accused of committing robbery while armed with a firearm or another deadly weapon could be sentenced to life in prison. Deadly weapons may include knives, bats, stun guns, or other objects that are capable of causing death or serious injury.

Charges of home-invasion robbery may apply if a person is accused of entering a residence to commit robbery. This offense is a first-degree felony in all cases, and the use of a deadly weapon can lead to a potential life sentence.

Carjacking, which is addressed in Florida Statutes § 812.133, is a specific form of robbery. Allegations of taking a motor vehicle from someone using force or threats could lead to charges of carjacking. This offense is a first-degree felony, and like other types of robbery charges, the use of deadly weapons can result in a sentence of life in prison.

Situations That Could Lead to Robbery Charges

Street robberies may involve situations where a person confronts a victim in a public place and demands money, phones, jewelry, or other property. Muggings may occur on sidewalks, in parking lots, at ATMs, or other locations. Accusations of street robbery may involve offenders who allegedly worked alone or in groups, and violence levels may vary from implied threats to the infliction of injuries.

Commercial robberies may target businesses such as convenience stores, gas stations, restaurants, or retail stores. People may be accused of entering businesses, threatening employees or customers, and demanding cash from registers or safes. These cases may involve evidence such as security camera footage and testimony from multiple witnesses.

Home invasion robberies may combine elements of burglary and robbery. A person may be accused of entering an occupied residence and confronting the people inside, demanding valuables while using force or threats.

The Severe Impact of a Robbery Conviction

Lengthy sentences may apply for those who are convicted on charges of robbery. Judges will be likely to impose severe penalties, including the possibility of life in prison in cases involving deadly weapons.

The career consequences of robbery charges can affect a person permanently. The violent nature of these crimes may make it impossible for a person to find employment in most fields. Background checks will reveal felony convictions, and employers may see a person as a potential threat to coworkers or customers.

Felony convictions will also result in the loss of civil rights. A person will be prohibited from owning or possessing firearms. They may also lose their voting rights.

The immigration consequences of robbery convictions can be severe for non-citizens. Robbery qualifies as both a crime of violence and an aggravated felony under immigration law. A conviction may result in deportation and permanent inadmissibility to the United States.

Building a Strong Defense Against Charges of Robbery

In some cases, robbery charges may be based on mistaken identity. Our attorney can take steps to establish reasonable doubt when evidence fails to reliably demonstrate that a defendant was the person who committed a robbery. Victims who were traumatized during a robbery may provide inaccurate descriptions of the perpetrator. Eyewitness identifications that were made under stress or were based on brief encounters may be unreliable. Our lawyer will challenge the procedures used to identify a suspect, point out inconsistencies in the statements made by witnesses, and present alibi evidence.

Our attorney may take steps to show that no force was used and no threats were made. When property was taken without the use of violence or threats, charges may be reduced from robbery to theft. Our lawyer can present evidence showing that a victim was unaware of the theft at the time the offense occurred, that there was no confrontation, or that force was not used.

Disputing that property belonged to the alleged victim may be another potential defense strategy against robbery charges. In some cases, ownership of property may have been unclear, or a defendant may have had a legitimate claim to the property. Our attorney may be able to show that robbery did not occur because a person did not take property that did not belong to them.

Our lawyer may argue that a person was engaging in self-defense when they used force to protect themselves or recover their own property. Reasonable force may be used to defend against attacks or to prevent the theft of a person's property. Our attorney can present evidence showing that a defendant acted defensively rather than offensively.

Contact Our Miami, Florida Robbery Attorney

Charges of robbery or armed robbery should be taken seriously, since convictions could lead to incarceration for decades. At Stroleny Law: Criminal Defense Attorney, we have defended clients against multiple types of robbery charges. Our attorney understands how you may be affected by these accusations, and he will fight to protect your freedom. Contact our Miami robbery defense lawyer at 305-615-1285 to set up a free consultation.