Robbery Defense Lawyer Sanford, FL

Penalties for Robbery

Florida’s punishments for robbery vary based on the degree of the offense. First-degree robbery, a first-degree felony, carries a harsher penalty than second-degree robbery, which is classified as a second-degree felony.

A second-degree robbery conviction carries up to 15 years of imprisonment, followed by 15 years of probation. Offenders may also face up to $10,000 in fines.

A robbery involving a firearm or another deadly weapon carries a much harsher punishment. It falls under the § 775.087 10/20/Life enhancement law. Prison sentences start at:

• 10 years for armed robbery
• 20 years for armed robbery involving a discharged firearm
• 25 years for armed robbery that resulted in the injury or death of another individual by a firearm

How Will a Lawyer Defend Against Florida Robbery Charges?

The possible defenses in a Florida robbery case vary drastically based on the specifics of your situation. Not all defenses are applicable, but common strategies include:

Alibi

An alibi asserts your presence somewhere else at the time of the robbery. It proves that since you weren’t present at the scene, you couldn’t have carried out the offense.

An alibi requires proof of your presence elsewhere at the exact time the robbery took place. A coworker’s testimony stating you were with them at the time, surveillance footage of you at a local restaurant, or electronic records showing you were somewhere else can back up your alibi.

Mistaken Identity

It’s not uncommon for victims and eyewitnesses to incorrectly identify someone as the offender in a crime, especially when picking from a lineup. Poor lighting, generic clothing, and similar features to the perpetrator may lead the victim or eyewitness to wrongly identify you as the offender.

In order to prove mistaken identity in a robbery case, you must identify and demonstrate the flaws in the identification process. This wraps back around to the factors that may lead the witness to incorrectly identify you, such as dim lighting at the crime scene or similar features to the perpetrator. It can also include inconsistencies in the descriptions provided by multiple witnesses and, in some cases, the stress or trauma the witness experienced.

Alone, mistaken identity may not be enough to cast reasonable doubt, especially if the prosecution’s case doesn’t revolve around eyewitnesses. However, your lawyer can use it as part of your defense strategy.

Claim of Right

If you genuinely believed you had a rightful claim to the property, your lawyer may use a defense centered around claim of right. This particular defense often applies in situations involving agreements, misunderstandings, or prior ownership, all of which can back a claim of right defense.

Using this defense requires you to prove your genuine belief that you thought the property lawfully belonged to you and your lack of intent to steal it. This may include descriptions of your agreement with the owner, prior ownership, or similar proof that can back your claim.

Duress

In some cases, duress may be a viable defense. It applies to cases when the offender committed the crime due to the threat of imminent harm. For example, if you thought you were facing immediate danger and had no other way to escape or seek help, your lawyer may use duress as part of your defense strategy.

Establishing duress as part of your defense requires evidence of a threat, attempts you made to try to avoid committing the crime, and your state of mind at the time of the crime. While this may not lead to a complete acquittal, it may lessen the severity of your charges.