Florida Robbery Lawyer

Robbery is a serious offense punishable by up to life in prison. If you are accused of robbery, you must secure quality legal representation as soon as possible. While you should be polite to the police and comply with their requests, you should not speak to them until talking to a well-versed criminal defense attorney.

Our team could find out more information about the accusations against you. Based on that information, including evidence the police may have, a Florida robbery lawyer could advise you whether to seek a plea deal, seek dismissal of the charges, or prepare to go to trial.

What Is Robbery?

Florida Statutes § 812.13 covers the crime of robbery. Robbery combines the crime of theft with assault. It is taking property through force, violence, assault, or the use of fear.

While larceny or theft degrees depend upon the value of the stolen property, robbery degrees depend on whether the offender carries a weapon at the time of the crime. If someone is not armed, then robbery is a second-degree felony. If the person holds a weapon, it is a first-degree felony. If they have a deadly weapon during the robbery, it becomes a first-degree felony and carries a potential life sentence.

Degrees are fundamental in a robbery charge because they dictate the potential sentence. Even when the state has overwhelming evidence against a defendant, a Florida robbery attorney may be able to plead down the charges, which could make a huge difference when it comes to sentencing.

Elements of Robbery

To prove robbery, the state must establish two separate points: the taking of property and the use of violence, force, assault, or fear. Without showing both factors, the state cannot prove the crime of robbery.

The first consideration is the taking. The defendant must take property that has some value with the intent to deprive the individual of the property. A robbery that does not include the taking of property is simply an assault. That is noteworthy because, while still a crime, assault will usually carry a shorter sentence.

The next consideration is the use of force. The state has criminal jury instructions to help the factfinder determine if a defendant used violence, force, assault, or fear to accomplish the taking. A threat of violence is enough to meet this standard. Still, a robbery attorney might argue whether an individual’s perception of fear meets the standard in Florida.

The state also recognizes five versions of robbery: robbery, carjacking, home invasion, robbery by sudden snatching, and resisting recovery of stolen property. While each of those crimes must meet all the elements of robbery, they meet them in different ways. Jury instructions could be critical in helping jurors determine if the prosecution proved its theory of the crime.

Potential Robbery Defenses

There are several possible defenses to a robbery charge. Innocence is one defense, and there are several ways to establish it. For example, mistaken identity is a potential defense if the individual is a stranger. If they were a perpetrator and a defendant used force to reclaim their property, that is another defense.

Another potential defense to robbery is to assert that taking was not the intent of the crime. If a taking was incidental to an assault, the crime may not be a robbery. The state could still charge a defendant with theft and assault. If the facts support that defense, a Florida robbery attorney might use it in bargaining.

Consult a Florida Robbery Attorney for Trusted Guidance

Robbery charges are serious. Even if you feel comfortable with the criminal justice system, you need a knowledgeable attorney to represent you on those charges. The potential penalties are simply too great to ignore.

A Florida robbery lawyer at our firm could help you work toward the best possible outcome for your circumstances.