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Law Office of Armando J. Hernandez, P.A.

Serving Miami, FL Since 2006

Robbery Attorney in Miami

Arrested for Robbery? Call a Miami Defense Attorney 24/7

Robbery is a serious offense in Miami, governed by Florida state law, and characterized by the unlawful taking of property with the intent to permanently deprive the owner. What distinguishes robbery from theft is the use of force, violence, assault, or putting the victim in fear during the act. 

Miami’s court system deals harshly with robbery crimes due to their violent nature, with penalties ranging from significant prison sentences to hefty fines. It’s crucial for anyone charged with robbery in Miami to understand the local laws and potential consequences.

Speak with an experienced robbery attorney in Miami today. We offer free consultations, are available 24/7, and provide bilingual services in English and Spanish. Call (305) 400-0074 or contact us now.

Understanding Robbery Laws in Florida (Florida Statute § 812.13)

Florida Statute § 812.13 defines robbery as "the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there was the use of force, violence, assault, or threat."

 

The key elements the prosecution must prove beyond a reasonable doubt to secure a robbery conviction are:

  • Taking of Property: The defendant unlawfully took money or property that could be stolen.
  • From the Person or Custody of Another: The property was taken directly from the victim or from their immediate control or presence.
  • Intent to Deprive: The defendant had the intent to permanently or temporarily deprive the victim or owner of the property.
  • Use of Force, Violence, Assault, or Threat: This is the defining element of robbery. The taking must be accompanied by actual force, violence, assault (a threat of violence), or a threat to use force or violence.

It is critical to understand that the crime does not require the victim to be physically injured, only that force, violence, assault, or a threat was used to facilitate the taking of property.

Types and Degrees of Robbery in Florida (Florida Statute § 812.13):

Florida law distinguishes between different types and degrees of robbery, which carry vastly different penalties:

Robbery (Simple / "Strong-Arm" Robbery):

This is the basic charge of robbery, where property is taken by force, violence, assault, or threat, but without a firearm or other deadly weapon.

Classification: Second-Degree Felony.

Penalties: Up to fifteen (15) years in prison and up to $10,000 in fines. It is assigned a Level 6 offense severity ranking under Florida's Criminal Punishment Code, often leading to a presumptive prison sentence.

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Our Clients Are Our Number One Priority

  • "I am extremely happy with the results of Armando and his entire work team"

    I am extremely happy with the results of Armando and his entire work team. My 15-year-old brother, who I will withhold his name for privacy, was involved in a strong case, he was accused of murder and armed robbery, his was looking at 25 years to life in prison. As a family we were devastated but thanks to God and putting together the achievement that my brother was given a Bootcamp program in 7 months, currently my brother is in the program that will only last 6 months and he will return home. Thanks to all your work team, mainly Carlos and Natasha, may God bless you and may you continue helping many people, happy to have Armando as a family lawyer.

    - Lilibeth
  • "I highly recommend the whole team. Thanks Again!"
    Mr. Hernandez was great and his office just as good. From the get go they took charge and all our stress was handed to them to take care of. They removed 5 driving citations, no points, no fines, nothing. Case closed. He and his office know how to handle these cases. They give it there personal involvement from the start. I highly recommend the whole team. Thanks Again!
    - RH
  • I consider myself fortunate to have come through this very unpleasant situation and feel that Armando did an excellent job in defending me and securing the outcome of my case.
    - David
  • I highly recommend this law office.
    - J.D.

    FAQs About Robbery Defense in Miami

    What Should I Do Immediately After Being Accused of Robbery?

    If you’ve been accused of robbery in Miami, your first and most important step is to remain silent and avoid making any statements to law enforcement. Even seemingly harmless comments can be used against you in court. You have the right to legal representation, and invoking that right is critical. Contacting a robbery lawyer in Miami right away ensures that you receive immediate legal guidance and that your rights are protected from the start of the investigation.

    What Should I Look for in a Robbery Lawyer in Miami?

    When choosing a robbery defense lawyer, look for someone with proven experience specifically handling robbery or violent crime cases. Local insight is crucial—Miami’s court system has unique procedural norms, and working with a firm that knows how local prosecutors operate gives you an advantage. Attorneys at Law Office of Armando J. Hernandez, P.A. provide personalized legal strategies, offer one-on-one attention, and have a track record of successfully defending complex felony charges.

    How Do I Schedule a Consultation with Law Office of Armando J. Hernandez, P.A.?

    Scheduling a consultation is easy and confidential. Call (305) 400-0074 to speak directly with our legal team. We offer free consultations where we will review the facts of your case, explain your legal options, and discuss potential strategies. Our team is available 24/7 because we know criminal charges don’t follow business hours—and neither does your defense.

    Can Robbery Charges Be Dismissed or Reduced?

    Yes, depending on the circumstances. If there is insufficient evidence, if constitutional rights were violated during your arrest, or if witnesses contradict the prosecution’s version of events, robbery charges can potentially be reduced or dismissed. At Law Office of Armando J. Hernandez, P.A., we scrutinize every element of the case, from surveillance footage to police reports, to uncover inconsistencies and build a strong defense.

    What Is the Difference Between Robbery and Theft in Florida?

    Robbery involves the use of force, violence, or threats during the act of taking property from another person, while theft does not require direct confrontation or force. This distinction matters greatly in sentencing. Robbery is treated as a violent crime and punished much more severely under Florida law. If you are charged with robbery but the facts suggest otherwise, a skilled lawyer may be able to argue for reduced or alternative charges.

    How Long Does a Robbery Case Take in Miami Courts?

    The timeline for a robbery case in Miami can vary widely based on complexity, available evidence, and whether the case goes to trial. Some cases may be resolved within a few months through negotiation, while others may take a year or more if they proceed to trial. During this time, having a lawyer who communicates regularly and keeps you updated is key. At Law Office of Armando J. Hernandez, P.A., we work efficiently to resolve your case without sacrificing the quality of your defense.

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    What Sets Us Apart From The Rest?

    Law Office of Armando J. Hernandez, P.A. is here to help you get the results you need with a team you can trust.

    • Antiguo fiscal del estado
    • Más de 20 años de experiencia
    • Enfoque exclusivo en defensa criminal
    • Revisión inicial gratuita del caso
    • Disponible 24/7
    • Miles de casos manejados exitosamente

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