Practice Areas and Legal Definitions

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Whatever the charges brought against you, Miami Criminal Defense Lawyer Robert Amsel will fight for your rights and ensure that you obtain the best possible outcome.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

If you or someone you know needs the skilled legal representation of an experienced Miami, Florida criminal defense attorney, call Robert Amsel of Robbins, Tunkey, Ross, Amsel, Raben, & Waxman P.A. today at 866-435-5812, or complete the contact form provided on this site to schedule a free consultation.

Professional Profile

For more than 25 years, Attorney Robert G. Amsel has dedicated his practice to handling criminal defense and forfeiture matters in State and Federal Courts in the State of Florida, and throughout the United States. Mr. Amsel is board certified as a specialist in criminal trial law by the Florida Bar and has a separate certification in criminal law from the National Board of Trial Advocacy. He is also a member of the American College of Barristers. Since approximately 1990, Mr. Amsel has been an adjunct professor of law at the University of Miami School of Law, teaching litigation skills.

As a highly respected Miami Criminal Defense Lawyer, Mr. Amsel has acted as a guest lecturer at various local and national seminars. He is past chairman of the Criminal Law section of the Academy of the Florida Trial Lawyers, a former board member of the Miami Division of the Florida Association of Criminal Defense Lawyers, and is a member of both the National and Florida Associations of Criminal Defense Lawyers. In addition to his board certifications, his position on the faculty of the University of Miami School of Law and his numerous speaking engagements, Mr. Amsel, as well as the entire law firm of Robbins, Tunkey, Ross, Amsel, Raben, Waxman & Eiglarsh, have been awarded an AV rating by the Martindale-Hubbels' legal rating service. The AV rating is the highest accolade in Martindale- Hubbels' rating system and was awarded as a result of an extensive, confidential review conducted among legal professionals in Mr. Amsel's community. This rating signifies that Mr. Amsel and his law firm's legal abilities are of the very highest standards and that their professional ethics are unquestioned. Most recently, Mr. Amsel was named one of South Florida's top lawyers by the Miami Metro Magazine. The list of top lawyers was compiled with a mailing to approximately five thousand lawyers in South Florida asking who they would recommend as the top five lawyers in various fields of practice.

Throughout his many years as a Miami Criminal Defense Lawyer, Mr. Amsel has obtained numerous acquittals and positive resolutions to some of the most serious and complex criminal cases. For example, in the case of United States vs. Jose Renteria, a complex money laundering conspiracy case, tried in the United States District Court for the District of New Jersey, Newark, New Jersey, Mr. Amsel's client was the only defendant to be acquitted of all charges. Similarly, in United States vs. Jose Domingo Velez et al., a cocaine trafficking trial tried in the United States District Court for the Southern District of Florida in Miami, Florida, Mr. Amsel's client, Jose Domingo Velez, and co-defendant Walfrido Moreno, who was represented by Mr. Amsel's partner, Frederick Robbins, were the only two defendant's in that multi-defendant case to be acquitted of all charges.

In the highly publicized murder prosecution, State of Florida vs. Joyce Cohen, Mr. Amsel was responsible for convincing the jury to spare the life of Mrs. Cohen who was convicted of the 1st degree murder of her husband. Mr. Amsel's performance in this case was chronicled in a book written about the case; Life in the Fast Lane by Carol Cope (Simon & Schuster, 1993). He also represented Amado Leon in the infamous Miami River Cops case in which uniformed City of Miami Police Officers engaged in various drug rip offs of cocaine traffickers.

In a wide ranging cocaine trafficking conspiracy trial held in the United States District Court for the Eastern District of Michigan tried in Bay City Michigan, Mr. Amsel's client, Felix Santana, was the only defendant to be acquitted of all charges. A similar result was obtained by Mr. Amsel in representing Amado Leon in the United States vs. Amado Leon, a cocaine trafficking case tried in Federal Court in Miami, Florida where once again Mr. Amsel's client was the only defendant to be acquitted of all charges. In United States vs. Adesuwa Omoruyi, the defendant was charged with harboring her husband, who was a federal fugitive. After a jury trial held in Federal Court in West Palm Beach, Florida, the defendant was acquitted of all charges.

In addition to trying all degrees of criminal cases in State and Federal Courts throughout the United States, Mr. Amsel has extensive experience in representing individuals and entities in criminal forfeiture cases. Mr. Amsel has obtained numerous significant settlements in various forfeiture cases. Amongst those cases was one brought in United States District Court for the Southern District of Texas, in which the Government seized approximately 1.2 million dollars and Mr. Amsel was able to obtain a settlement whereby the Government returned approximately Eight Hundred Thousand dollars ($800,000.00) to the clients.

If you or someone you know needs the assistance of an experienced Miami criminal defense lawyer, please contact Robert Amsel of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. today at 866-435-5812, or complete the contact form provided on this site to schedule a free consultation.

FIRM ADDRESS:
Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A.
2250 Southwest Third Avenue, Fourth Floor
Miami, FL 33129
Phone: 866-435-5812
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:
Robert G. Amsel
William R. Tunkey
Alan Ross
Frederick S. Robbins
David Raben
Benjamin S. Waxman

Robert G. Amsel, Attorney

EDUCATION:

• University of Florida with Honors, 1978
• University of Miami Law School, 1982
  

COURTS ADMITTED:

• Supreme Court of Florida, 1982
• United States Supreme Court, 1985
  

PROFESSIONAL MEMBERSHIPS:

• Member - United States Court of Appeals for the Fourth, Fifth, Sixth and Eleventh Circuits
• Member - Trial Bar of the United States District Court for the Southern District of Florida
• Recipient of the National Association of Criminal Defense Lawyers Presidents Commendation Award