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Robbery Defense Attorneys in Miami

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Robbery is the taking of property from another person using force.  Robbery is a serious violent (link to page) crime and is generally a heavily investigated crime by law enforcement.  In 2022, the FBI reported 150,107 robberies in the United States.  The State of Florida reported 2,811 robbery incidents and Miami-Dade County generally leads the way as one of the most violent counties in the state.

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 Clearinghouse Section, and the Street Terror Offender Program (STOP).  The Robbery Bureau is tasked with aggressively investigating robbery crimes and uses intelligence, tactical, and proactive resources in the attempts to fight robbery-related activity.

Robbery is punished very harshly in Florida. A person accused of this violent crime may face anywhere from 15 years to life in prison.

Why You Need an Attorney for Robbery Charges

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 enough evidence to prove the case, then the best result is getting the charges dropped.

Call Miami robbery defense attorney E.J Hubbs for more information about how to fight robbery charges. At Hubbs Law Firm, we take cases in Miami-Dade County, in cities like Coral Gables, South Miami, Pinecrest, Dadeland, Kendall, The Crossings, and Palmetto Bay.

Call (305) 570-4802now to schedule an appointment to speak with one of our attorneys about your legal rights and options.

Elements of Robbery

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:

  • That the defendant took the victim's property;
  • The defendant, during the taking, used violence, force, assault, or fear;
  • The property taken was of some value; and
  • The taking was done with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it or to appropriate the property to his or her own use or to the use of a person not entitled to it.

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 enough 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 enough 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 to overcome the resistance of the victim or by putting the victim in fear so that he or she does not resist.
  • During the taking means that the act occurred prior to, contemporaneous with, or after 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 during 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:

  • Robbery
  • Carjacking
  • Home-invasion
  • Robbery by sudden snatching
  • Resisting recovery of stolen property

Penalties for Robbery

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

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

Call Hubbs Law Firm for a Free Consultation

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 (305) 570-4802or contact us onlineto schedule an appointment to speak with our Miami robbery defense attorneys about your case. 

Additional Resources

  • Federal Bureau of Investigations “FBI” – Violent Crime - The FBI is the top federal agency tasked with investigating violent crime including robbery.  Click here to find additional information on the types of violent crimes investigated by the FBI, recent news articles on violent crime arrests, and statistics for violent crime activity. 
  • Miami-Dade Police Department Robbery Bureau - The Miami-Dade County Robbery Bureau is a branch of the Miami-Dade County Police Department that specializes in robbery investigations.  Click here to find more information on this specialized unit along with contact information if you need help. 
  • City of Miami Police Department Robbery Unit - The City of Miami Police Department Robbery Unit is a specialized unit within the Criminal Investigation section of the department that primarily investigates robbery cases.  Click here for more information on the unit and to find contact information if you need help. 
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Attorneys E.J. & Erika Hubbs

As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.

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