The Florida legal system is tough on robbery due to its potential for violence and trauma to victims. Whether armed robbery or strong arm robbery (without a weapon), you can face serious charges and penalties.
Understanding the elements of these offenses and their potential defenses is crucial to anyone accused of robbery. At The Sombathy Law Firm, we understand the stress and anxiety you may feel when charged with robbery. You do not have to face these charges alone. Let a skilled and knowledgeable criminal defense lawyer from our firm protect your rights and future.
What Is Armed Robbery?
Under Florida law, armed robbery is defined as the taking of money or property from another person with the use of a firearm or other deadly weapon. Being armed significantly elevates the severity of the crime.
To be convicted of armed robbery, a first-degree felony, the prosecutor must prove you took property from the alleged victim with the intent to permanently or temporarily deprive them of it, used force or the threat of force, and were armed with a deadly weapon during the commission of the crime. The presence of the weapon to instill fear or exert control over the victim is a critical component of an armed robbery charge.
The potential penalties for an armed robbery conviction include imprisonment for a term of years up to life without the possibility of parole and a fine up to a maximum of $10,000. Under Florida’s 10-20-Life law, the use of a gun during certain felonies, including armed robbery, triggers mandatory minimum sentences. Specifically, carrying a gun results in a ten-year prison term, firing a gun means a twenty-year term and a sentence of twenty-five years to life may be imposed if someone is injured or killed in the commission of a robbery.
What Is Strong-Arm Robbery?
As the name suggests, strong-arm robbery involves the use of brute strength and violence without the use of a weapon to take someone else’s property.
For a strong-arm robbery conviction, the prosecutor must establish that the defendant took something of value from the victim, the victim did not consent to the taking, the defendant used force, violence, assault, or threats to take the property, and the defendant intended to either permanently or temporarily deprive the victim of the property.
The sentence for strong-arm robbery in Florida varies depending on the circumstances of the alleged crime and the defendant’s criminal history. It is classified as a second-degree felony, which carries a maximum sentence of up to 15 years in prison, a fine of up to $10,000, or both.
What Evidence Is Needed to Support a Robbery Charge?
The prosecutor will rely on various types of evidence to attempt to establish the defendant’s guilt, including eyewitness testimony, video surveillance footage, and available physical evidence, such as DNA or fingerprints. In the case of an armed robbery charge, they may also use the weapon.
Your defense attorney can challenge the validity and reliability of this evidence of the charges against you. They may question the accuracy of eyewitness identification, which can be unreliable due to poor lighting or the likely brief nature of the encounter. They may challenge the integrity of video surveillance footage, especially if it does not show the necessary elements of the offense. A skilled criminal defense attorney will also challenge the handling of physical evidence and work to create reasonable doubt about your guilt.
What Are the Potential Defenses to Armed Robbery Charges?
Your lawyer will tailor your defense to your case’s specific facts and circumstances. However, there are several common defenses to robbery charges, including:
- Lack of intent – If you did not intend to take the property or were unaware you were taking someone else’s property, the prosecutor cannot establish this element of the crime.
- Mistaken identity – Sometimes, the alleged victim or eyewitnesses incorrectly identify the defendant as the perpetrator. Your attorney may use this defense if no physical evidence links you to the crime.
- Your alibi – This may be an effective defense if you can establish that you were somewhere else at the time of the crime.
For armed robbery charges, your attorney may present evidence that the weapon was not being used in a threatening manner. Or, they may argue that the subject “weapon” does not meet the legal definition of a deadly weapon in Florida.
Why Do I Need A Lawyer?
At The Sombathy Law Firm, we understand that facing robbery charges can be overwhelming. An experienced criminal defense attorney from our firm can help you as your case goes through the Florida legal process. We want to ensure that your rights are protected.
Legal representation means more than just appearing in court on your behalf. It involves conducting a thorough investigation, gathering pertinent evidence, negotiating with prosecutors, and developing a strong defense strategy. Your attorney will work hard to identify weaknesses in the prosecution’s case. They will challenge the admissibility of evidence and vigorously defend you by presenting compelling arguments on your behalf.
Your attorney will also advise and support you throughout the legal process. They will guide you each step of the way and answer all your questions. If your case does proceed to trial, you can be confident that your attorney will be ready to present an effective defense. They will prepare you to testify, if necessary, and seek to seat jurors who are open to hearing their carefully crafted defense. With an attorney from The Sombathy Law Firm, you have a strong legal advocate in your corner to present your best defense.
Call The Sombathy Law Firm Today
If you are facing robbery charges in Panama City, Florida, call The Sombathy Law Firm. Our team of experienced criminal defense attorneys wants to help you during this challenging time in your life. Contact us today to discuss your case and explore your legal options. We are dedicated to protecting your rights and fighting for a favorable outcome in your case.
