On behalf of The Law Office of Gustavo E. Frances, P.A.
Police are searching for a man accused of armed robbery in Miami. Under Florida laws, a robbery occurs when the personal property of another person is taken by the use of violence. In order to be a robbery, the theft must occur in the presence of the other person. Furthermore, the use of violence includes intimidation and the threat of force. Therefore, no one actually has to be hurt in order for a robbery to occur.
In certain situations, a robbery may be elevated to an aggravated robbery. This generally occurs either when a weapon is used in the course of a robbery or when someone is hurt during the robbery. Generally, in either of these cases, the penalties for aggravated robbery can be more significant.
In the recent Miami case, police say a gas station clerk was robbed. According to police, the robbery occurred around 10:00 a.m. when a man entered the store and demanded money. In an effort to get the money, police say that the man used a metal pipe to attack the store’s clerk. The clerk was apparently left with bruises and lacerations following the attack. Police say, the other man grabbed the cash register and fled the store in a Jeep Cherokee.
Since the man was not caught immediately following the robbery, police will now try to use a description gathered at the scene in order to find the person responsible. That person will likely face serious felony charges. However, there is always room for error in these situations. Many people look similar to one another and police need to be careful not to accuse the wrong person of this felony crime.
Those accused of felony charges for robbery should know that they will have rights in the criminal law system. These rights give people the right to present evidence to prove their innocence. Everyone accused of a crime, should take advantage of these criminal defense options.
Miami Herald, “Robber beats clerk, takes cash register from Miami gas station,” Nov. 12, 2013