Robbery Defense Attorney in Miami, FL
Robbery is a felony offense under both state and federal laws. Generally, the crime of robbery consists of the unlawful taking of the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Robbery can occur when either armed or unarmed. An example of robbery would be one holding another at gunpoint and asking for their money.
Under federal law, robbery is when one, within the special maritime and territorial jurisdiction of the United States, by force and violence, or by intimidation, takes or attempts to take from the person or presence of another anything of value.
To be convicted under federal law of robbery, the government must prove, beyond a reasonable doubt, that the defendant knowingly took from the person or presence of money or property then in the possession of another, and used force or violence or a means of intimidation.
Conviction of this offense in federal court is a felony and is punishable by a term of imprisonment to not to exceed 15 years. If the crime is armed robbery of a bank insured by the FDIC, the offense is a felony and is punishable by a fine and/or a term of imprisonment not to exceed 25 years. If during the commission of a bank robbery or avoiding apprehension a death occurs, it is a felony and is punishable by a term of imprisonment of no less than 10 years up to life, or a sentence of death.
Under Florida state law, robbery is the taking of money or other property that 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 is the use of force, violence, assault or putting of fear.
To be convicted under Florida state law of robbery, the state must prove, beyond a reasonable doubt that the defendant took the money or property described in the charge from the person or custody of the victim; force, violence, assault or putting in fear was used in the course of the taking; the property taken was of some value; and the taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it or appropriate the property of the victim to his or her own use or to the use of any person not entitled to it.
Conviction of this offense where no weapon of any kind was used is a felony of the second degree and is punishable by a fine not to exceed $10,000 and/or a term of imprisonment not to exceed 15 years. If a nondeadly weapon was carried during the commission of a robbery, it is a felony of the first degree and punishable by a fine not to exceed $10,000 and/or a term of imprisonment not to exceed 30 years. If a deadly weapon or firearm was carried during the commission of a robbery, it is a felony of the first degree and is punishable by a fine not to exceed $10,000 and/or any term of imprisonment not to exceed life.
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