Robbery Charges Defense Lawyer in Miami, FL

Punishments for Robbery in Florida

The penalties for robbery in Florida, much like other convictions, vary based on the degree of the offense. Robbery in the second degree carries a lesser punishment than first-degree robbery, but both convictions can have life-altering repercussions.

Second-degree robbery is punishable by up to 15 years in prison, 15 years of probation, and up to $10,000 in fines. First-degree robbery, on the other hand, is punishable by up to life in prison.

Robberies involving firearms, which qualify as first-degree felonies, fall under Florida’s 10/20/Life enhancement law, as defined under § 775.087. Minimum prison sentences for a conviction start at ten years and climb:

• 10-year minimum imprisonment for armed robbery
• 20-year minimum imprisonment for armed robbery wherein the firearm was discharged
• 25-year minimum imprisonment for armed robbery resulting in the injury or death of another person by a firearm

Potential Defenses to Florida Robbery Charges

If you’re facing robbery charges in Florida, your lawyer will evaluate your case to determine what potential defenses may apply. Possible defense strategies include:

Claim of Right

A defense centering around the claim of right involves the genuine belief that you had the lawful right to claim the property during the alleged robbery. This defense often applies to cases involving prior ownership, agreements, or misunderstandings related to the property, which can support a claim of right defense.

To effectively use this defense, you must showcase how you genuinely believed that you had a right to the property and had no intention of stealing it. While your understanding was mistaken, the claim of right can be a viable defense strategy.

Mistaken Identity

In some cases, mistaken identity can be a viable defense strategy. Eyewitness misidentification is a massive problem in the U.S. justice system, serving as the greatest contributor to wrongful convictions in the country. It’s responsible for nearly 75% of overturned convictions through DNA testing.

Proving that the prosecution has the wrong person requires you to show flaws in the identification process. To assert that the eyewitness or victim misidentified you as the perpetrator, you may demonstrate the poor lighting at the crime scene, inconsistencies in descriptions provided by multiple witnesses, or even the stress or trauma the witness experienced.

If the prosecution’s case revolves around eyewitnesses, casting reasonable doubt on the reliability of the identification evidence can be a strong defense.

Alibi

An alibi, which asserts that you weren’t present at the scene of the crime when the crime took place, can be a strong defense in a criminal case. In order to prove your absence from the scene at the time of the incident, you may provide video footage or electronic records that show where you were. Witness testimonies from people you were with, such as coworkers or friends, can also demonstrate you weren’t present during the crime.

Duress

If you committed the robbery due to a threat of imminent harm, you may use duress as part of your defense strategy. Florida requires defendants to demonstrate that they reasonably believed they faced immediate danger with no reasonable opportunity to escape or seek help.

Proving such a thing typically requires evidence of the threat, attempts you made to avoid committing the crime, and your state of mind at the time of the incident. In some instances, this can lessen your charges, while in others, it may lead to complete acquittal.