Robbery Defense in Miami, Broward and Hialeah
MIAMI Robbery ATTORNEYRobbery is a property crime under the state laws of Florida. In a robbery case, a prosecutor must establish several elements to prove the offense:
• Taking: The prosecutor must show that the defendant took money or property without consent from the owner or possessor. The defendant must have taken the money or property from the victim's body, from the victim's immediate vicinity, or from a separate place within the victim's control.
• Force or threat: The prosecutor must prove that the defendant obtained the money or property from the victim by using intimidation, threat, or physical force to cause the victim to feel fear. The act of force or threat may take place before, during, or after the taking of the victim's property, as long as the prosecutor shows a continuous sequence of events.
• Property: The taken property must have at least some value, though the value might be extremely low. For example, even a few dollars might become the basis for a robbery charge if the prosecutor can establish the other elements of the crime.
• Intent: The prosecutor must show that the defendant had a specific intent to temporarily or permanently take control of the property and deprive the owner of the property.
Florida state laws also establish specific types of robbery, including "robbery by sudden snatching, carjacking, and home-invasion robbery. Each type of robbery includes the same general elements of the crime, but adds specific circumstances required for the offense. For example, carjacking is robbery with intent to take a motor vehicle from the owner or other person in control of the vehicle.
PenaltiesThe punishment for a robbery conviction usually depends on whether the defendant carried or used a gun, firearm, deadly weapon, or other weapon. If the defendant had a weapon, state laws require prosecution of the robbery as a more serious offense. For example, robbery without a weapon, such as a strong arm robbery, would be prosecuted as a second degree felony, while a weapon escalates the crime to a first degree felony. A second degree felony may result in a sentence of imprisonment for a term lasting up to fifteen years. For a robbery prosecuted as a first degree felony, Florida law permits a maximum sentence of thirty years in Florida State Prison. If a firearm was used, the robbery is punishable by life in prison.
Defenses to RobberyOur lawyers will evaluate the circumstances of your arrest and leverage our extensive experience to provide a defense strategy best suited to your case. Such defenses may include an establishment of ownership or right to the property in question. We may also use a strategy, which focuses on proving consent, that the owner or possessor of the property gave authorization voluntarily, or that the victim has identified the wrong person as the perpetrator.
If you have been charged with Robbery in Florida, it is important to seek a Criminal Defense Attorney immediately. Contact Miami Criminal Defense Attorney Adam K. Goodman to learn about your options during a free consultation. As a Hialeah Criminal Defense Attorney, Adam K. Goodman will aggressively fight for you and defend your constitutional rights. Adam K. Goodman maintains the ideal that relationships matter, which has earned him respect amongst prosecutors and judiciary. This leads to results for you, the client.
As a former Miami prosecutor and Chief of Litigation, Adam K. Goodman has the experience and knowledge to defend your case. Contact The Law Office of Adam K. Goodman at (305) 482-3265 or (954) 695-5126 today for all of your Broward County, Palm Beach, Monroe, or Miami Criminal Defense needs.