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Robbery in Miami, FL

In 2015, there were approximately 21,000 robberies in the State of Florida. The number of robberies reported included robberies with and without the use of a firearm. Additionally, the Miami-Dade County Police Department (MDPD) conducted a five-year study comparison of the various crimes that took place in Miami from 2010 until 2014. The study shows that the numbers of robberies have fluctuated over the years, and ultimately decreased by 0.9% by the end of 2014.

The Miami-Dade Police Department has a Robbery Bureau that is comprised of four sections, which includes the Robbery Investigations Section (RIS), the Robbery Intervention Detail (RID), the Robbery Clearing House Section, and the Street Terror Offender Program (STOP). During 2012, for instance, the Robbery Unit of the Miami Police Department received 1,907 robbery cases. Detectives arrested 321 people charged with Armed Robbery and Strong Armed Robbery.

Robbery is punished very harshly in Florida. A person accused of this violent crime may face anywhere from fifteen years to life in prison.

Attorney for Robbery in Miami, Florida

Robbery has such serious consequences in Florida that it is imperative that you have the best defense possible if you find yourself charged with robbery. Speaking with an experienced criminal defense attorney can be the difference between life in prison or much less serious consequences. If the prosecution does not have sufficient evidence to prove the case, then the best result is getting the charges dropped.

Call criminal defense attorney E.J Hubbs for more information about how to fight robbery charges. E.J. Hubbs has offices in South Miami on Sunset Drive and in North Miami on 123rd Street. E.J. Hubbs takes cases in Miami-Dade County, in cities like Coral Gables, South Miami, Pinecrest, Dadeland, Kendall, The Crossings, and Palmetto Bay.

Call (305) 615-5945 now to schedule an appointment to speak one-on-one with attorney E.J Hubbs.


Elements of Robbery under Fla. Stat. § 812.13

The State of Florida charges robbery under Section § 812.13. To convict a person of robbery, the prosecution must show, beyond a reasonable doubt, the following:


Useful Definitions

The robbery statute, under the Florida Criminal Jury Instructions, lists a few useful definitions to help the reader better understand the elements of the offense.

The term "assault" is defined as an intentional and unlawful threat, by word or act, to do violence to the victim and the person making the threat has the ability to carry it out, and he or he creates a well-founded fear of violence in the victim's mind.

"Fear" is defined as circumstances that would ordinarily induce fear in the mind of a reasonable person.

"Title" means, in the context of robbery, that it is not necessary that the person robbed be the actual owner of the property. Custody is sufficient to be considered robbery.

"Taking" means, in the context of robbery, that it is not necessary that the taking be from the person of the victim. It is sufficient if the property taken is under the actual control of the victim so that it cannot be taken without using force, violence, or intimidation.

"Force" means that the taking must be by using violence or assault so as to overcome the resistance of the victim or by putting the victim in fear so that he or she does not resist.

"In the course of the taking" means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that, the act and the taking constitutes a continuous series of events.


Defenses to Robbery

In DeJesus v. State, 98 So. 3d 105, 108 (Fla. 2d DCA 2012), the Second District Court of Appeals of Florida stated that since the use of force in the course of a taking is an element of robbery, a defendant may be entitled to a special jury instruction on taking property as an afterthought.

The afterthought defense is applicable when the taking of property occurred as an afterthought to the use of force or violence against the victim. While robbery is not applicable under these circumstances, a defendant may still be charged with theft.


Types of Robbery Offenses in Florida

The Florida Criminal Jury Instructions lists five different robbery offenses. Robbery may be charged in the following ways, depending on the circumstances:


Penalties for Robbery

The penalties for robbery may vary depending on if the assailant used a firearm or deadly weapon in the course of the robbery. If in the course of committing the robbery, the defendant carried a firearm or other deadly weapon, then the robbery is charged as a first-degree felony, punishable by up to life in prison.

If in the course of committing the robbery the defendant carried a weapon, then the robbery is charged as a first-degree, punishable by up to thirty (30) years in prison and up to $10,000 fines.

If in the course of committing the robbery the defendant carried no firearm, deadly weapon, or other weapon, then the robbery is charged as a second-degree felony, punishable by fifteen (15) years in prison and up to $10,000 fines.


Additional Resources

Robbery Statistics in Miami-Dade County – Visit the Miami-Dade Police Department official website for MDPD's five-year crime comparison and statistics for violent and nonviolent crime rates from 2010 until 2014. Also, find MDPD's news releases on the recent robberies in and around Miami-Dade County and more information about the Robbery Bureau, including the four sections the Bureau.

Fla. Stat. § 812.13 – Visit Online Sunshine, the official website of the Florida Legislature, for the full statutory language of the robbery statute and for more information on the enhanced penalties for committing robbery with a firearm or deadly weapon.

DeJesus v. State – Visit Google Scholar for the full Second District Court of Appeals opinion. Find the Court's holding in the special jury instruction on taking property as an afterthought. Also, learn more about the difference between robbery and theft.


Find an Attorney for Robbery Crimes in Miami-Dade County, FL

Whether you or someone you know has been charged with home invasion, robbery by sudden snatching, or carjacking, you will need a criminal defense attorney who is well versed in defending clients charged with all kinds of robbery cases. Call a criminal defense lawyer who will fight for your rights and an accusation that you committed a violent crime.

Call attorney E.J. Hubbs for more information about how to best defend robbery charges. E.J. Hubbs takes cases in Miami-Dade County in surrounding cities of South Miami Heights, Cutler Bay, Princeton, Redland, Leisure City, Homestead, and Florida City.

Call (305) 615-5945 now to schedule an appointment to speak one-on-one with attorney E.J Hubbs.


This article was last updated on Wednesday, June 7, 2017.

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