Robbery is a felony and considered a violent crime. Being convicted on a robbery charge could mean jail time and a stiff fine, and even after serving your sentence, you could lose your right to vote and own a firearm. Violent felons also have reduced opportunities for employment, housing, education, credit, and professional licenses.
If you are facing robbery charges, seek an experienced theft defense attorney to defend you. A Winter Garden robbery lawyer could hear your side of the story and present a vigorous defense to achieve the best result that the circumstances allow.
Florida Statute § 812.13 defines robbery, making it a felony to take something from its lawful owner using force, violence, or intimidation. The alleged robber must intend to keep the property at least temporarily.
Robbery does not require physical contact or intent to use physical force. The threat of force, combined with an alleged victim’s reasonable fear that an alleged robber might use force against them, is sufficient to make something a robbery.
Robbery would be a third-degree felony if the alleged robber did not have a weapon. If they had a weapon, the charge would be a second-degree felony. When someone allegedly carried a deadly weapon while committing a robbery, a prosecutor could charge the crime as a first-degree felony. Some robberies, such as home invasion robbery and carjacking, are first-degree felonies even if the alleged robber was unarmed.
Every crime has elements that make an act or conduct illegal. Prosecutors must establish each element to obtain a conviction for a crime. The elements of robbery that a prosecutor must prove are:
Certain types of robbery are specific crimes with additional or different elements a prosecutor must prove. For example, purse snatching is called robbery by sudden snatching. It requires a forceful taking from a person who knows they are being robbed but does not require an alleged robber to use more force than is necessary to separate the property from its owner.
A Winter Garden robbery attorney could show that a prosecutor’s evidence of one or more elements of the crime is weak or non-existent. A jury must vote to acquit if the prosecutor does not have evidence to prove each element of the crime beyond doubt. In many cases, confronting a prosecutor with the weakness of their evidence could lead to reduced charges or a decline to prosecute.
The degree of the charge, and other circumstances, determine the penalty a person convicted of robbery is likely to face. A Winter Garden attorney could explain the likely penalty a prosecutor might seek in a specific robbery case.
A conviction for a third-degree felony could lead to a five-year prison term and a $5,000 fine. If the crime is a second-degree felony, the punishment could be up to 15 years of incarceration and a $15,000 fine. A judge could impose a 30-year prison sentence on someone convicted of a first-degree felony.
Some robbery crimes have mandatory minimum sentences. For example, someone convicted on home invasion robbery charges faces a mandatory minimum prison sentence of 34.5 months in state prison.
Robbery is a violent crime and using a firearm during the commission of a robbery leads to enhanced penalties under the state’s “10-20-Life” law. A conviction of a violent crime or attempt to commit a violent crime while in possession of a firearm leads to a 10-year minimum prison term. Using a firearm while committing a violent crime carries a 20-year minimum sentence, and discharging a firearm while committing a violent felony leads to a mandatory life sentence.
If you face robbery charges, your future is at stake. A conviction could lead to decades in prison in some cases. Even if you receive a sentence that is not as harsh, being labeled a violent felon is a stigma that could be difficult to overcome.
A Winter Garden robbery lawyer is prepared to offer a robust defense. Call the Umansky Law Firm immediately upon your arrest to get a committed advocate fighting for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys