Robbery and Carjacking Defense in Miami

These cases also tend to rest on things that can be wrong: a frightened witness's identification, a few seconds of video, a description that fits a lot of people. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Theft, Robbery, and Burglary: Where the Lines Are

People use "robbery" to mean any stealing. Florida law doesn't.

• Theft is taking property with the intent to deprive the owner of it. No force is required. The value usually sets the degree. See Theft Defense.
• Robbery is taking property from a person or their custody, with intent to deprive, when force, violence, assault, or putting in fear is used in the course of the taking.
• Burglary is entering or remaining in a home, building, or vehicle with the intent to commit an offense inside. Nothing has to be taken, and no one has to be there. See Burglary Defense.

The same event can be charged in more than one way. A grab-and-run might be charged as theft, robbery by sudden snatching, or robbery, depending on what the State says happened. That choice can mean the difference between a misdemeanor and a first-degree felony, and it is often where the defense begins.

Robbery (s. 812.13)

Florida law 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 is the use of force, violence, assault, or putting in fear."

The degree depends on what the person carried during the robbery:

• Firearm or other deadly weapon: first-degree felony, punishable by a term of years up to life.
• A weapon (not a firearm or deadly weapon): first-degree felony.
• No firearm, deadly weapon, or other weapon: second-degree felony.

Two timing rules in the statute matter a lot:

• An act is "in the course of committing the robbery" if it happens in an attempt or in flight afterward.
• An act is "in the course of the taking" if it happens before, during, or after the taking, as long as it and the taking are a continuous series of acts or events.

So force used while running away can turn a shoplifting into a robbery charge.

Robbery by Sudden Snatching (s. 812.131)

This is Florida's purse-snatching, phone-grab, and chain-snatching statute. It covers taking money or property from the victim's person, with intent to deprive, when the victim was or became aware of the taking during the taking.

The statute says the State does not have to show:

• any force beyond what was needed to get the property, or
• that the victim resisted or was injured.

Grades:

• Carried a firearm or other deadly weapon: second-degree felony.
• Carried no firearm or deadly weapon: third-degree felony.

Sudden snatching is a lower charge than robbery. Whether the facts show a snatch or real force, violence, assault, or fear is one of the most important questions in many of these cases.

Carjacking (s. 812.133)

Carjacking is the same structure as robbery, applied to a car: "the taking of a motor vehicle 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 motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear."

• Carried a firearm or other deadly weapon: first-degree felony, punishable by a term of years up to life.
• Carried no firearm, deadly weapon, or other weapon: still a first-degree felony.

Carjacking is a first-degree felony even when no weapon is involved.

Federal Carjacking (18 U.S.C. s. 2119)

Carjacking can also be charged in federal court. The federal statute applies to whoever, "with the intent to cause death or serious bodily harm", takes a motor vehicle "that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so".

The federal penalties are:

• up to 15 years;
• up to 25 years if serious bodily injury results;
• any number of years up to life, or death, if death results.

Federal cases run under different rules, different sentencing guidelines, and different prosecutors. Federal firearm charges can be added on top. If federal agents are involved, or federal prosecutors may take over the case, call us early.

Home-Invasion Robbery (s. 812.135)

Home-invasion robbery is a robbery that happens when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants. It is a first-degree felony in every form:

• with a firearm or other deadly weapon, punishable by a term of years up to life;
• with a weapon, a first-degree felony;
• with no weapon at all, still a first-degree felony.

Home-invasion robbery requires the intent to rob at the time of entry. Whether the person went in planning a robbery, or something else happened after they were inside, can change the charge. See Burglary Defense and Violent Crimes Defense.

10-20-Life: Firearm Minimum Sentences (s. 775.087)

Florida's 10-20-Life law lists robbery, carjacking, home-invasion robbery, and burglary among the offenses with mandatory minimum prison terms when a firearm is involved:

• 10 years if the person actually possessed a firearm or destructive device during the offense.
• 20 years if the person discharged it.
• 25 years to life if the discharge caused death or great bodily harm.

Higher minimums apply to a semiautomatic firearm with a high-capacity detachable magazine (more than 20 centerfire rounds) or a machine gun: 15 years for possession, 20 for discharge, and 25 to life for death or great bodily harm.

Under the statute, the court cannot suspend, defer, or withhold adjudication or sentence, and the person is not eligible for gain-time or any discretionary early release, other than pardon, executive clemency, or conditional medical release, before serving the minimum. "Possession" means carrying the firearm on the person, or having it within immediate physical reach with ready access and the intent to use it during the offense, proven beyond a reasonable doubt. When a person is convicted of more than one qualifying felony, the current statute says the minimum terms shall be imposed consecutively. That wording took effect July 1, 2025 (ch. 2025-81, Laws of Florida), so the offense date matters.

Whether the person really "possessed" or "discharged" a firearm, and whether the object was a real firearm at all, are questions the State must prove. See Gun & Weapons Charges.

How We Defend Robbery and Carjacking Cases

Every case is different, and no lawyer can promise a result. These are the questions we start with.

Identification. Robberies happen fast, often at night, often with a weapon drawing the victim's eyes. Fear, stress, distance, and lighting can all affect what a witness remembers. Florida's standard jury instruction on eyewitness identification tells jurors they may consider, among other things, the lighting and distance, whether the identification was the product of suggestion, and whether the witness and the offender are of different races or ethnic groups. Photo lineups and show-ups have rules, and police don't always follow them. We look at how the identification was made, not just whether it was made.

Video. Gas station cameras, doorbell cameras, phone video, and police body cameras can help or hurt. We get the full footage, not just the clip the police kept, and look at time stamps, angles, and what is outside the frame. Video gets overwritten quickly, so early action matters.

Force vs. snatching. The difference between theft, robbery by sudden snatching, and robbery is often the amount of force and when it happened. Did the person use force or put someone in fear, or just grab and go? Was the force part of a "continuous series of acts," or something separate? Those facts can move a case down several degrees.

The weapon element. The degree depends on whether the person carried a firearm, a deadly weapon, another weapon, or nothing. Was there really a gun? Was it a toy, a phone, or a hand in a pocket? Was it found? Does the victim's description match? For 10-20-Life, the State has to prove the person possessed or discharged a firearm or destructive device as Florida law defines those terms.

Intent and ownership. Robbery requires intent to deprive. Disputes over money owed, a sale gone wrong, or property the person believed was theirs can change the picture.

Lesser-included charges. Florida's standard jury instructions list lesser offenses for each of these crimes. For robbery, they include lower degrees of robbery, theft, and robbery by sudden snatching; for carjacking, they include robbery and grand theft of a motor vehicle. A jury may find the evidence supports only a lesser charge, and lesser charges often shape plea negotiations.

Searches and statements. Was the car or phone searched lawfully? Was there a confession after an unlawful arrest, or without proper warnings? Evidence from an illegal stop, search, or interrogation may be suppressed. See Motions to Suppress.

Bond After a Robbery or Carjacking Arrest

These are serious violent felony charges, and bond is often the first fight. The State may ask for high bond or pretrial detention, and a Nebbia hold may be placed on the bond. See Bond & Nebbia Hearings.

Immigration Consequences

For anyone who is not a U.S. citizen, a robbery or carjacking conviction, and sometimes a plea without a conviction, can carry very serious immigration consequences. The exact charge, the sentence, and the wording of the plea can matter. We look at the immigration risk before any plea and work with immigration counsel when needed. See Immigration Consequences of Criminal Charges.

What to Do After an Arrest

1. Don't talk to the police about the case. Ask for a lawyer and stop.
2. Don't talk about the case on jail phones or in messages. They are recorded.
3. Don't contact the alleged victim or witnesses.
4. Write down where you were, and who can confirm it, as soon as you can.
5. Call us. Video and phone records disappear. Early action can preserve them.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

What's the difference between theft and robbery?

Robbery requires force, violence, assault, or putting in fear in the course of taking property from a person or their custody. Theft doesn't.

Is grabbing a phone or purse robbery?

It may be charged as robbery by sudden snatching, a third-degree felony without a firearm or deadly weapon. If real force, violence, assault, or fear is alleged, it may be charged as robbery.

Is carjacking always a first-degree felony?

Florida's carjacking statute makes it a first-degree felony both with a firearm or other deadly weapon (punishable by up to life) and with no weapon at all.

What if the gun wasn't real?

It can matter. The degree of robbery depends on what was carried, and 10-20-Life requires a firearm or destructive device as Florida law defines those terms. The facts decide.

Can a carjacking be charged in federal court?

Yes. The federal carjacking statute, 18 U.S.C. s. 2119, has its own elements, including intent to cause death or serious bodily harm.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.