Robbery Defense Lawyer in Orlando, Florida
Aggressive Defense of the Rights of Those Facing Robbery Charges
Robbery is considered a property crime under Florida law. In order to be convicted of a robbery offense, the State must be able to prove that you took property or money from someone else without their consent, that the taking was done by use of force, threats, or intimidation. In addition, the property involved must have some value, no matter whether that value is really low or extremely high. Finally, the State must be able to prove that you intentionally took the property or money of the victim, even if you only intended to do so temporarily.
Robbery generally is considered a felony offense, the severity of which depends on the facts and circumstances of your case. However, Florida law typically classifies robbery offenses into three categories: robberies where the offender carried a firearm or other deadly weapon, robberies where the offender carried a weapon, and robberies where the offender did not carry a weapon.
Aggravated robbery is similar to general robbery, but it occurs when the offender uses a weapon on the victim or inflicts serious bodily harm that results in disability or disfigurement.
There are a number of other robbery charges you can face depending on the facts and circumstances of your case. For example, you can be charged with carjacking if you take the motor vehicle of another through the use of force, threats, or intimidation. This offense is a first-degree felony, where you can face up to thirty years in jail. However, if you carried a gun or other deadly weapon during the carjacking, you can possibly face up to life in prison.
Other robbery charges in Florida include robbery by a sudden snatching, like purse snatching for example, and home invasion robbery. Robbery by sudden snatching is considered a third-degree felony where penalties can include up to five years in jail, and a fine of up to $5,000. Like any robbery charge, if you were carrying a weapon at the time of the robbery, the offense is more serious and is considered a second-degree felony. Penalties for a second-degree felony conviction can include up to fifteen years in jail and a fine of up to $10,000. Home invasion robbery is an even more serious offense that occurs when one enters the home of another with the intent to rob the home. The degree of the offense again depends on whether or not you were carrying a weapon or a firearm, but in the most extreme cases, you can potentially face up to life in jail.
While penalties for a robbery offense generally depend on the facts and circumstances of your case, a robbery that is committed without a weapon is a second-degree felony. The penalties associated with a second-degree felony conviction can include up to fifteen years in prison and a fine of up to $10,000. However, if a deadly weapon is used in the commission of the offense, as is the case in an aggravated robbery, the offense is considered a first-degree felony where penalties can include up to life in prison depending on the facts of your case.
Robbery is among the most serious criminal charges that a person can face in Florida. Robbery will usually be a first-degree felony and could potentially result in a life sentence. The dire consequences of conviction of robbery are intensified by the passage of the 10/20/Life law which imposes severe mandatory minimum sentences for crimes involving a firearm. Given your exposure to stiff penalties, if you have been arrested and charged with robbery, you should refuse to talk to law enforcement authorities and immediately assert your right to have an attorney present.
Seasoned Orlando criminal defense attorney Beryl Thompson-McClary has skill and insider knowledge acquired as a former Florida State’s Attorney. When you are facing the prospect of spending the rest of your life behind bars, you want an attorney who is prepared to force the State to prove its case at trial rather than accept a premature plea offer from the prosecutor. During her 27 years handling cases in Florida, Beryl Thompson-McClary had tried over 350 cases.
Robbery Charge in Florida [Florida Statute § 812.13(1)]
When prosecutors pursue a conviction for robbery (also referred to as Strong Arm Robbery) under Florida criminal laws, they must prove the following beyond a reasonable doubt:
The accused took property or money from the person or custody of the complaining witness;
The items taken had intrinsic value;
The property was taken by threat, force, violence or assault;
The accused had the specific intent to temporarily or permanently deprive the victim of the benefit or use of the property.
Conviction of the offense of strong arm robbery in Florida constitutes a 2nd-degree felony. The punishment for the offense could include any combination of the following:
Maximum up to 15 years in prison
Maximum up to 15 years in probation
Up to $10,000 fine
Robbery by Sudden Snatching
This is the least serious form of robbery under Florida law. This form or robbery will be charged when the victim only knows of the robbery as the offense is being committed. Further, the accused cannot have used force beyond that necessary to take the item. This 3rd-degree felony is punishable by five years in prison if no weapon is involved.
Robbery with a Deadly Weapon (Armed Robbery)
When the commission of a robbery involves a firearm, this constitutes the most serious type of robbery charge. If an accused has a firearm at the scene of a robbery, he or she faces a ten-year minimum sentence. If a round is discharged during the robbery, the prosecutor can seek a 20-year minimum. The accused will face 25 years to life if someone is injured by the discharge of a firearm during the robbery.
Defenses to Robbery Charge
If you or a family member has been charged with robbery, experienced Ontario robbery defense attorney Beryl Thompson-McClary tenaciously defends her client’s rights. While the precise defense strategy utilized in your case will depend on the circumstances and facts, examples of defenses she might employ include:
- False allegations based on ulterior motives
- No use of force or threat of force
- Faulty eyewitness identification
- Honest belief you had a claim of right to the property
Contact the Law Offices of Beryl Thompson-McClary P.A. Today
If your future is threatened by pending felony charges, exemplary legal representation is essential. You should refuse to talk to the police and assert your right to have an attorney present. We have law offices in Orlando and practice in Orange, Seminole, Osceola, Lake, Brevard, and Volusia counties. To schedule a free initial consultation with an attorney, you can call our office at 888-640-2999.