According to Florida Criminal Statute §812.13, robbery is the criminal act of taking money, property, or assets from an individual or the custody of another with intent to either temporarily or permanently deprive the individual or owner of the money or property by use of force, violence, assault, or instilling fear of physical harm of the victim or those associated with the victim.
Robbery without the use of a deadly weapon or firearm is a felony of the second degree which carries a maximum penalty of 15 years incarceration and a $10,000 fine.
Robbery with the use of a deadly weapon or firearm is a felony of the first degree which carries a maximum penalty of 30 years incarceration and a $15,000 fine.
In order for the prosecution to obtain a conviction for robbery, proof of the accused taking the money, property, or assets must be proven beyond a reasonable doubt. This burden often includes:
Substantiating the accused is the person that took or participated in the taking the money, property, or assets without authorization from the alleged victim.
Substantiating the accused used force, violence, assault, or intentionally instilled fear of physical harm to the victim while in the commission of the alleged act of robbery.
That the alleged taking of the money, property, or assets was indeed that which was not lawfully the accused money, property, or assets to begin with. Meaning, you cannot rob someone if the items already belong to you. If physical harm or the threat of physical harm existed at the time of the alleged incident, then the charge may not be robbery, but instead a form of assault or battery.
If a dismissal of your robbery charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.