Florida Criminal Defense Attorney’s Guide to Robbery: Legal Strategies, Compensation, and Claiming Your Rights

Understanding Robbery Charges in Florida

⚖️ Definition of Robbery
In Florida, robbery is defined as the unlawful taking of money or property from another person using force, violence, assault, or threat. Under Florida Statutes § 812.13, robbery differs from theft because it involves direct confrontation with the victim.

🔍 Degrees of Robbery
- First-Degree Robbery: Involves the use of a deadly weapon, punishable by up to life in prison.
- Second-Degree Robbery: Occurs without a deadly weapon and carries a penalty of up to 15 years in prison.
- Sudden Snatching: Theft that involves slight force, such as grabbing a purse, with or without violence.

📌 Key Elements Prosecutors Must Prove
- The accused took money or property.
- Force or intimidation was used.
- The victim was present at the scene.
- Intent to permanently deprive the owner of property.

Legal Defenses Against Robbery Charges

🔹 Mistaken Identity
Eyewitness misidentifications are common. If you were mistakenly identified, presenting alibi evidence or surveillance footage can be effective.

🔹 Lack of Intent
If there was no intent to permanently deprive the owner of their property, the prosecution may struggle to prove a key element of the crime.

🔹 Coercion or Duress
If the accused committed robbery under threat or coercion, this could serve as a valid defense to mitigate culpability.

🔹 Insufficient Evidence
A strong defense strategy includes challenging weak or circumstantial evidence presented by the prosecution.

🔹 Consent Defense
If the property owner willingly allowed the accused to take an item, it may not constitute robbery.

Punishments and Sentencing for Robbery in Florida

🚔 Mandatory Minimum Sentences
Florida has strict penalties for robbery under the 10-20-Life Law:
- If a firearm was carried during the robbery: Minimum 10 years in prison.
- If a firearm was discharged: Minimum 20 years in prison.
- If injury was caused by firearm use: Minimum 25 years to life imprisonment.

⏳ Enhanced Sentences for Repeat Offenders
Florida’s habitual offender laws allow harsher penalties for individuals with prior convictions. Judges have discretion in imposing extended prison terms based on past criminal history.

How to Protect Your Rights If Accused of Robbery

📞 Invoke Your Right to an Attorney
Always request legal representation before speaking to law enforcement to avoid self-incrimination.

🔇 Remain Silent
Any statements made can be used against you in court. Avoid discussing your case without an attorney present.

📝 Gather Evidence and Witnesses
Document your whereabouts and obtain witness statements that can support your defense. Video surveillance, phone records, and receipts may serve as crucial evidence.

Potential Compensations for Victims of Robbery

💰 Restitution from Offenders
Courts may order the convicted offender to pay restitution to cover stolen property, medical expenses, and other damages.

🏛️ Crime Victim Compensation Programs
Florida offers compensation programs that provide financial aid for medical treatment, lost income, and counseling services for victims of violent crimes.

📄 Civil Lawsuits Against Perpetrators
Victims may file a civil lawsuit against their attacker for damages beyond what is covered in criminal restitution, such as emotional distress and punitive damages.

Strategies for a Strong Robbery Defense Case

🕵️‍♂️ Challenge Evidence Collection Procedures
Illegal search and seizure violations can result in evidence being dismissed if law enforcement did not follow proper procedures.

📊 Present Expert Testimony
Experts in forensics or eyewitness psychology can refute unreliable testimony and forensic inconsistencies.

🎥 Use Surveillance and Digital Evidence
Surveillance footage, phone GPS data, and social media activity can be used to provide an alibi or prove wrongful accusations.

👨‍⚖️ Negotiate Plea Deals When Appropriate
In some cases, negotiating a plea deal may lead to lesser charges or reduced sentencing, especially if there’s insufficient evidence for a conviction.

Conclusion

Understanding robbery laws in Florida is crucial whether you're defending against charges or seeking justice as a victim. By working with a skilled criminal defense attorney and utilizing the right legal strategies, you can improve your chances of a favorable outcome in court.