I have experience in defending robbery cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each robbery case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced robbery defense attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid an aggravated battery conviction.
The Facts of Your Robbery Case are Important
The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any robbery case are:
- Was force actually used? Is this a theft case and not a robbery?
- Is this an identity case? Can the property owner and police properly identify you?
- Were you a minor participant in this incident?
- Were there any witnesses to this? Is there any video evidence of this incident?
- Were you read your Miranda rights? Were any of your statements illegally obtained?
- Are there other factors that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
What is Robbery
Robbery is defined by Florida Statue 813.12 as the taking of money or other property from another by the use of force, violence, assault, or putting in fear. The main difference of robbery and theft is the use or threat of force. The force can be before, during or after the taking of property. There are many classifications of robbery and varying penalties depending on the facts of the case and what type, if any, weapon was used. These classifications include:
Robbery by Sudden Snatching
It is where the State does not have to prove that additional force, violence, or threats were used other than the necessary effort to take the money or property in question. A person needs only intentionally and unlawfully take money or property from another person while the victim becomes aware of the taking of their property.
Robbery with a Deadly Weapon
It is committed when a person intentionally and unlawfully takes money or property from another by the use of force, violence, assault, or threat while also being in possession of a deadly weapon. A deadly weapon can be any weapon that is used, or threatened to be used, in a way likely to produce death or great bodily harm.
Robbery with a Firearm
It is committed when a person intentionally and unlawfully takes money or property from another by the use of force, violence, assault, or threat while also being in possession of a firearm. A person only need to possess the firearm.
Home Invasion Robbery
Home invasion robbery is committed when a person enters a dwelling (house, etc.) with the intent to unlawfully take money or property from the occupants through the use of force, violence, assault, or threat.
Carjacking
It is a form of Robbery and is committed when a person intentionally and unlawfully takes another person’s motor vehicle (car) through the use of force, violence, assault, or threat.
How is Robbery Proven in Florida?
To prove the crime of robbery, the State must prove the following four elements beyond a reasonable doubt. The first element is a definition of robbery. Read the full standard Florida robbery jury instructions here..
- The Defendant took [the] [a] [an] money or property described in charge from the person or custody of alleged victim.
- Force, violence, assault, or putting in fear was used in the course of the taking.
- The property taken was of some value.
- The taking was with the intent to permanently or temporarily deprive victim of his or her right to the property or any benefit from it.
Penalties of Robbery
Robbery can be have penalties anywhere from a third degree felony with up to five years in prison (Robbery by sudden snatching) or be as severe as being punishable by up to life in prison (Robbery with a firearm). Sanctions include:
- State prison
- Community control, house arrest or supervised probation
- Anger management or anti theft class or counseling
- Drug evaluation and any recommended follow up treatment
- No contact or no return to the location of the incident
Florida’s 10-20-Life Statute
Under the 10-20-Life statute, a person convicted of robbery with a firearm could receive a minimum 10 years in prison if in possession of a firearm; a minimum 20 years in prison if the firearm was discharged; and a minimum 25 years in prison if someone is injured or killed by the firearm. Judges have no discretion and must imposing a 10-20-life sentence and Florida law further provides there is no gain time or incentive time for a 10-20-life sentence. This means someone charged with the offense of robbery with a firearm is subject to a 10 year day-for-day Florida prison sentence.
Defenses for Robbery
There are many defenses available to contest a charge of robbery in Florida. Some of the more common defenses include the following:
- Alibi
- False accusation or mistaken identity
- Self-defense or duress
- Claim of right
Florida Robbery Case Law
I Defend all Robbery Cases
If you were recently arrested or charged with any Florida robbery offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have experience in defending robbery cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each robbery case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced robbery defense attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid an aggravated battery conviction.
The Facts of Your Robbery Case are Important
The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any robbery case are:
- Was force actually used? Is this a theft case and not a robbery?
- Is this an identity case? Can the property owner and police properly identify you?
- Were you a minor participant in this incident?
- Were there any witnesses to this? Is there any video evidence of this incident?
- Were you read your Miranda rights? Were any of your statements illegally obtained?
- Are there other factors that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
What is Robbery
Robbery is defined by Florida Statue 813.12 as the taking of money or other property from another by the use of force, violence, assault, or putting in fear. The main difference of robbery and theft is the use or threat of force. The force can be before, during or after the taking of property. There are many classifications of robbery and varying penalties depending on the facts of the case and what type, if any, weapon was used. These classifications include:
Robbery by Sudden Snatching
It is where the State does not have to prove that additional force, violence, or threats were used other than the necessary effort to take the money or property in question. A person needs only intentionally and unlawfully take money or property from another person while the victim becomes aware of the taking of their property.
Robbery with a Deadly Weapon
It is committed when a person intentionally and unlawfully takes money or property from another by the use of force, violence, assault, or threat while also being in possession of a deadly weapon. A deadly weapon can be any weapon that is used, or threatened to be used, in a way likely to produce death or great bodily harm.
Robbery with a Firearm
It is committed when a person intentionally and unlawfully takes money or property from another by the use of force, violence, assault, or threat while also being in possession of a firearm. A person only need to possess the firearm.
Home Invasion Robbery
Home invasion robbery is committed when a person enters a dwelling (house, etc.) with the intent to unlawfully take money or property from the occupants through the use of force, violence, assault, or threat.
Carjacking
It is a form of Robbery and is committed when a person intentionally and unlawfully takes another person’s motor vehicle (car) through the use of force, violence, assault, or threat.
How is Robbery Proven in Florida?
To prove the crime of robbery, the State must prove the following four elements beyond a reasonable doubt. The first element is a definition of robbery. Read the full standard Florida robbery jury instructions here..
- The Defendant took [the] [a] [an] money or property described in charge from the person or custody of alleged victim.
- Force, violence, assault, or putting in fear was used in the course of the taking.
- The property taken was of some value.
- The taking was with the intent to permanently or temporarily deprive victim of his or her right to the property or any benefit from it.
Penalties of Robbery
Robbery can be have penalties anywhere from a third degree felony with up to five years in prison (Robbery by sudden snatching) or be as severe as being punishable by up to life in prison (Robbery with a firearm). Sanctions include:
- State prison
- Community control, house arrest or supervised probation
- Anger management or anti theft class or counseling
- Drug evaluation and any recommended follow up treatment
- No contact or no return to the location of the incident
Florida’s 10-20-Life Statute
Under the 10-20-Life statute, a person convicted of robbery with a firearm could receive a minimum 10 years in prison if in possession of a firearm; a minimum 20 years in prison if the firearm was discharged; and a minimum 25 years in prison if someone is injured or killed by the firearm. Judges have no discretion and must imposing a 10-20-life sentence and Florida law further provides there is no gain time or incentive time for a 10-20-life sentence. This means someone charged with the offense of robbery with a firearm is subject to a 10 year day-for-day Florida prison sentence.
Defenses for Robbery
There are many defenses available to contest a charge of robbery in Florida. Some of the more common defenses include the following:
- Alibi
- False accusation or mistaken identity
- Self-defense or duress
- Claim of right
Florida Robbery Case Law
I Defend all Robbery Cases
If you were recently arrested or charged with any Florida robbery offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
