Florida law defines robbery as a violent crime, implying the use of force, threat, or violence to the other person when taking something from them. As a result, the law takes these cases very seriously. Therefore, if you are convicted of this crime, you’ll face severe consequences, which is why it’s essential to seek the help of a robbery lawyer.
In addition, the law classified this type of crime as a felony. Suppose you don’t get timely and aggressive legal representation; you risk stiff penalties such as excessive fines, long prison terms, probation, or other severe penalties that could affect your personal life. It’s therefore vital that you secure a solid and compelling defense if accused of robbery in Miami.
Types of Robbery in Miami
The severity of the charges depends on the amount of force used when committing the crime. For instance, you risk severe charges if you use a gun than when you don’t use any weapons. In addition, there are different types of robbery offenses in Miami, Fl, based on the characteristics of the crime. These include:
- Carjacking- this involves robbing a car from someone by use of threats, force, or violence. The charges for the crime are severe if you use a weapon such as a gun.
- Armed robbery- this type of crime implies that the defendant carried a weapon when committing the crime. In Florida, the use of firearms in a crime includes more than just a gun. It also provides for the use of deadly weapons that can harm the victim.
- Strong-arm robbery- in this type of robbery, the defendant doesn’t use a firearm like in the case of armed robbery. However, it includes violence, threats, and force.
- Home invasion robbery- this type of crime is when the defendant enters premises and robs the occupants. The offense has similar characteristics as a burglary, but it involves violence.
In each of these cases, there are various aggravating factors that the prosecutors put into consideration, such as:
- Possession and use of a firearm or other deadly weapons
- Bodily harm to the victim and the severity of the injuries
- Degree of violence and amount of intimidation used during the crime
- Previous convictions for violent crimes
- Other crimes or felonies committed during the robbery
If faced with either type of robberies discussed above, you shouldn’t leave your future up to chance. Instead, consider hiring the services of an experienced robbery attorney who understands and helps you navigate the law and fight for your rights.
How to Fight a Robbery Crime in Miami
The first step to fighting a robbery charge in Miami is hiring a professional robbery lawyer who can help you build a strong case in your favor. Such an attorney uses the following strategies to increase your chances of getting freedom.
There Was No Use of Firearm
When charged with an aggravated robbery, your attorney will try to reduce your charges to robbery or theft. They can achieve this by proving that you didn’t use a firearm or any deadly weapon, hence no chance that the robbery was aggravated. By focusing on this case element, you can get a difference of 20 to 99 years in prison.
Lack of Intent
Robbery is categorized as a theft crime. In that case, the prosecutor has to prove that you took the property with the intent of depriving the other person. An experienced attorney looks at the facts of your case to show the court that you didn’t intend to take or keep the property. In that case, you can’t be guilty of robbery.
No Bodily Harm Caused
Another tactic that your lawyer can use to try and get your charges reduced is arguing that you didn’t cause any bodily harm to the victim. The prosecutor has to prove that you caused physical injury. Otherwise, the judge will reduce your charges to theft. In addition, the judge can reduce your sentence if the bodily harm caused was unintentional.
In this case, your lawyer tries to prove to the judge that you were involuntarily intoxicated before committing the crime. For instance, they can argue that you drank at a punch bowl at a party without knowing it had alcohol. It’s a rare form of argument, but it can get you off the hook if presented professionally.
Lack of Proof
Just like any other criminal case, you are innocent of any robbery charges until proven guilty. In this case, the prosecutor has to prove that you committed the robbery. On the other hand, your attorney has to successfully question the evidence against you or have it stricken from your record. When that happens, the prosecutor cannot convict you.
Understanding Different Terms Used in Theft Cases
When you hire a robbery attorney, the first thing they need to determine is the type of theft crimes you’re accused of. In this case, you need to differentiate different terms used in theft cases. Theft crimes fall under four main categories.
- Larceny is the legal term for theft and is further categorized into shoplifting, petty theft, and grand theft. In this case, the prosecutor has to prove the defendant took the property from the victim without permission.
- Robbery- this is when the defendant applies violence, intimidation, or force to commit a theft. The prosecutor only needs to prove the presence of violence for your theft crime to be considered robbery. As mentioned earlier, Miami law considers this as a felony, and the result is some jail time.
- Fraud- this occurs when the defendant tries to gain money or goods from another person through deception. It’s a type of white-collar crime since it doesn’t involve any violence.
- Identity theft- this is a pervasive crime and affects thousands of people each year. It involves the use of another person’s identity for monetary gain.
Speak to a Robbery Lawyer
Since robbery crimes involve a lot of violence, they attract hefty penalties in Miami. However, an experienced defense attorney knows the right strategies to help you fight the charges. If you want to explore the possible avenues of your case, contact us today.
At Meltzer and Bell, PA, we are dedicated to representing clients who face criminal charges, including robbery. If you or your loved one is faced with such a crime, don’t hesitate to reach out to us and explore your options.