Robbery Defense Lawyer in Gainesville, FL
Ensuring Your Legal Rights
Robbery Defense Lawyer in Gainesville, FL
A robbery conviction, whether in the first or second degree, can carry serious consequences. Offenders may face decades in prison, probation, and steep fines if convicted. If you’re facing a robbery charge, it’s important to consult with a skilled robbery defense lawyer in Florida. Your lawyer will guide you through the process, advocating for your interests and ensuring you understand the possible outcomes and repercussions.
Understanding Florida’s Robbery Laws
In Florida, robbery is defined as taking money or property from the person or custody of another. It occurs when the offender takes the items with intent to permanently or temporarily deprive the owner of them using force, violence, assault, or fear.
Levels of Robbery
Robbery can qualify as a first or second-degree felony in Florida. If the offender carries a firearm or other deadly weapon, the offense is a first-degree felony. However, if the offender didn’t carry a firearm, deadly weapon, or any other weapon, the robbery is considered a second-degree felony.
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Penalties for Robbery
If convicted of robbery, you may face multiple punishments. The punishment will vary based on the level of the conviction. If you’re convicted of robbery in the second degree, you may face up to 15 years in prison, 15 years of probation, and a maximum of $10,000 in fines.
However, if you’re convicted of robbery in the first degree, or armed robbery, you will face a harsher punishment. These convictions can carry a prison sentence of decades in prison, not exceeding life imprisonment.
If the robbery involved a firearm, you may be subject to Florida’s 10/20/Life enhancement law, which falls under § 775.087. Under this law, you may face minimum prison sentences of up to 25 years in prison:
- 10-year minimum prison sentence for armed robbery
- 20-year minimum prison sentence for armed robbery wherein the firearm was discharged
- 25-year minimum prison sentence for armed robbery involving the injury or death of another individual by a firearm
Possible Defenses to Robbery Charges
Defenses to robbery charges in Florida can vary, although the most common is an alibi. Possible defenses include:
Alibi
An alibi can be a strong defense in a criminal case, including one involving robbery charges. An alibi defense asserts that you weren’t present at the scene of the crime when the robbery occurred. This defense strategy requires evidence of your absence from the scene. Evidence could include witness testimony, such as coworkers who can testify to your location at the time of the incident, video footage, or electronic records.
With a strong alibi as part of your defense strategy, you can raise reasonable doubt about your involvement in the robbery, which can significantly weaken the prosecution’s case.
Mistaken Identity
Eyewitness misidentification is a prevalent problem in the justice system. It’s the greatest cause of wrongful convictions in the United States, contributing to nearly 75% of convictions overturned through DNA testing.
If the prosecution’s case revolves around eyewitnesses, mistaken identity can be a potential defense. This strategy asserts that the eyewitness or victim misidentified the defendant as the perpetrator of the robbery.
Like other defenses, it requires evidence which, in this case, needs to show flaws in the identification process. This evidence could include poor lighting at the crime scene, stress or trauma experienced by the witness, or inconsistencies in the descriptions provided by different witnesses. Challenging the reliability of the identification evidence can cast doubt on the prosecution’s case and create a strong defense strategy.
Claim of Right
Claim of right can be a viable defense in a robbery case. It centers around the genuine belief that you had a lawful claim to the property taken during the alleged robbery. To establish this defense, you must demonstrate that you honestly believed, albeit mistakenly, that you were entitled to the property and did not have the intent to steal.
When using this defense strategy, evidence such as prior ownership, agreements, or misunderstandings related to the property are crucial. These can support a claim of right defense, potentially leading to a more favorable outcome.
Duress
While not applicable in all cases, duress can be a defense in robbery cases. It can apply if you can show that you were under the threat of imminent harm or death, which compelled you to commit the offense.
In Florida, you must demonstrate that you reasonably believed you faced immediate danger and had no reasonable opportunity to escape or seek help. Generally, proof of duress involves evidence of the threat, your state of mind at the time of the robbery, and any attempts you made to avoid committing the crime.
If successful, a defense of duress can lessen charges or may even lead to a complete acquittal.
Why Choose Smith & Eulo for Your Robbery Defense Case
At Smith & Eulo, we’ve helped hundreds of Florida residents understand and traverse the intricacies of their cases. We can help you do the same.
With our expertise in criminal defense law, our legal team can provide you with the guidance and support you need to navigate the complexities of your case. Our experienced robbery charge defense lawyers possess an in-depth understanding of Florida’s robbery laws and extensive experience in defending clients facing robbery charges.
We’re here to advocate for your best interests by guiding you through every stage, from evaluating your legal options to constructing a strong defense strategy. A robbery conviction could seriously impact your life. Our award-winning lawyers are here to help protect your future.
Protect Your Future With Help From Smith & Eulo
If you’re facing robbery charges, hiring a knowledgeable robbery defense lawyer in Gainesville, Florida, is crucial to protecting your rights and pursuing the best possible outcome. A robbery conviction can carry serious repercussions. Don’t leave your defense to chance. Contact our experienced team at Smith & Eulo today by calling (407) 930-8912 or completing our online contact form.