Robbery Defense Lawyer in Gainesville, FL

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.