November 12, 2020  ·  Uncategorized

Robbery Lawyer Ocala, FL

The crime of robbery, or Strong Arm Robbery, as it is also called, is a felony offense. According to Florida Statute 812.31, robbery is defined as the act of taking money or property, intentionally and unlawfully, from another person without their permission. When the perpetrator uses force, verbal or physical threats, violence, and assault, they are charged with robbery. Keep in mind that taking property without permission, even for a temporary time, is also considered a robbery. 
Robbery can have different variations, such as robbery with a firearm or a deadly weapon or by sudden snatching. Carjacking or a home invasion can also carry a robbery charge. Penalties depend on the specific situation and if you’ve been charged with this felony offense, you absolutely must contact us right now. You’ll need our lawyers’ expertise and extensive experience handling similar cases to work out a proper defense while upholding your rights.

Florida Law Differentiates Larceny and Robbery

The key difference between a theft or larceny and a robbery is the use of force. If the accused uses force or intimidation or even, implies that they can hurt the victim, the crime becomes a robbery. The presence of the victim on the spot also differentiates theft and robbery. The victim may not be aware that they are getting robbed.
Like, for instance, when the perpetrator snatches a bag out of the back of a pickup truck when the owner is sitting in the vehicle. However, if the bag is in an unattended vehicle and the accused snatches it, that’s a theft.

Third Degree Robbery

The lowest type of robbery carrying the minimum penalties is a third degree offense. If the crime has been committed without using any force, violence, or threat, it is considered a third degree offense. Pickpocketing, snatching purses, or grabbing a mobile phone are also examples of third degree robbery.

Second Degree Robbery

If the victim suffers some kind of harm during the robbery, it becomes second degree and more serious category. Perpetrators will also have to face more severe penalties. For example, if the accused pushed the victim when snatching the purse or cell phone, and the victim falls to the ground, the penalties for second degree robbery would apply. 

First Degree Robbery

If the perpetrator uses a deadly weapon during the robbery, that is a first degree offense. The weapon could be a firearm or any other capable of inflicting serious harm to the victim. For example, an armed individual walks into a diner and points a gun at the owner. The robber demands money and the owner empties the cash register. The robber escapes with the cash. First degree felony charges apply even if the robber did not actually harm the victim, but only threatened to hurt them.

Penalties for a Robbery in Ocala, Florida

The court orders penalties and punishments according to the particular situation when the crime took place and the value of the property. Florida Statutes follow the 10-20-Life regulation where sentences of 10 years, 20 years, and life imprisonment can be awarded in case of a third degree offense. This is when a firearm or any other destructive weapon is used where the victim believes they can be harmed. Here are the typical penalties:
  • Third degree or Aggravated or Armed Robbery – Class D felony carrying a maximum prison term of seven years. If the perpetrator has committed this crime for the first time, the judge may order a probation term.
  • Second degree felony carries a penalty of a $10,000 fine and a prison term of 15 years.
  • First degree felony is the most serious crime and is punishable with a $10,000 fine along with life imprisonment. Depending on the individual case, the judge may choose to award a 30 years prison term. 

Getting a Competent Attorney is Your Best Chance

People make mistakes all the time. What seems like a serious felony offense could be the result of a couple of drinks too many or duress. If you’ve been accused of a robbery, make sure you get the best defense lawyer who can argue the case effectively and present your side of the facts. The attorneys at Smith & Eulo have more than 100 years of experience in dealing with such situations. Rely on them to handle the case competently and get you off with the minimum penalties. 
If you or your loved one find themselves in a situation where you are being accused of Robbery

? Call us right away at 352 505-9810

to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and

payment plans . In addition to our Ocala office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

We Serve Ocala, FL

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October 30, 2020  ·  Uncategorized

Robbery Lawyer in Lakeland, FL

robbery lawyer in lakeland floridaAccording to Florida Statute 812.13, robbery is deemed as the act of intentionally and unlawfully taking money or property that belongs to another person without their permission. When the perpetrator adopts any kind of verbal or non-verbal threats or force to take away the property, that is a robbery. Such acts are considered a second degree felony. 
However, if the defendant has used a weapon to assault or threaten the victim into handing over their belongings, that becomes aggravated robbery and carries more serious penalties. The intention behind the robbery should be to deprive the owner of their property regardless of whether it was temporarily or permanently. 

Getting Competent Legal Representation Should be a Priority

If you’ve been charged with larceny or robbery, contact us at Smith & Eulo right away. You’ll get advice on how to handle the situation and work out a defense strategy to prove your innocence that is suited to your specific situation. For instance, you can explain that the incidence was committed under duress from another person. Or, that you were intoxicated and not conscious of your actions. Like our experienced attorneys will explain, it is up to the prosecution to prove your guilt without reasonable doubt. 

Robbery Charges Can be of Different Types

Robbery charges are categorized into different kinds depending on the nature of the offense. These charges can range from crimes like pickpocketing to home invasion, carjacking, and holding up a bank. The underlying factors that differentiate the offense and applicable penalties are the use of a firearm or any other weapon to threaten or intimidate the victim and the victim’s presence on the scene. Here’s how that works.

Third Degree Offense

Third degree offenses carry the most lenient penalties since they are considered the simplest of crimes. For instance, when the perpetrator commits the offense without any force, threat, or violence, and sometimes without the victim being aware that they are being robbed. Purse snatching, grabbing a mobile phone, or shoplifting are all examples of such crimes.

Second Degree Offense

These offenses typically involve some kind of force and result in minimal injuries to the victim. To go with the earlier examples, snatching a purse and pushing the victim to grab it so that the owner falls to the ground. Such robberies are considered second degree crimes and incur more serious penalties.

First Degree Offense

These crimes carry the maximum penalties since they are carried out with the use of a deadly weapon or a gun to threaten or intimidate the victim with possible harm. For instance, walking into a store and grabbing cash when the owner is not looking is a third degree. However, pointing a gun at the owner, demanding that they hand over the cash, and taking off with the money is first degree robbery. The charges will apply even if the perpetrator did not actually harm the victim or used an artificial gun.

Applicable Penalties for Robbery in Florida Law

Florida Law recognizes each robbery, armed or otherwise, as a unique set of circumstances and awards penalties accordingly. The value of the property stolen, the age of the perpetrator, and any previous records of similar crimes influence the penalties ordered by the courts. Whether or not the offender truly regrets their actions and any other mitigating evidence can reduce the sentence. The judge may also take into consideration the victim’s fear for their safety and if they believed they could have been harmed. 
  • Third degree felonies carry penalties such as 5 years in prison or 5 years on probation. If the particular crime is a Class D felony, the judge may order 7 years’ imprisonment. Sentencing can also depend on any prior convictions.
  • Second degree felonies where the offender used force can incur up to a 15 years prison term or 15 years probation. A fine of $10,000 may also be awarded.
  • Third degree felonies or aggravated robbery where the perpetrator used weapons is the most serious robbery offense that can incur a 30-year prison term. 

Trust in the Expertise of the Experienced Attorneys at Smith & Eulo

Robbery charges in Florida are sentenced under the 10-20-Life regulation where offenders can get sentences ranging from 10 years to 30 years depending on the specific circumstances. To avoid such penalties, you absolutely need legal representation from our attorneys at Smith & Eulo who know how to navigate the judicial system and uphold your rights in court in Polk County and beyond. Call us today for your free consultation.

We Serve Lakeland, FL

Open 24/7

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October 8, 2020  ·  Uncategorized

Robbery Lawyer Daytona Beach, FL

Florida Statute 812.13 defines robbery as a felony offense involving an act of intentionally taking another person’s property without their permission. The intent behind the robbery is to permanently or temporarily take away money or any other property for use by the perpetrator or a third person. During the course of the act, some kind of force, violence, assault, or threat is used, the threat can be verbal or non-verbal.
 If you or a loved one have been charged with robbery in the Daytona Beach, FL area, don’t hesitate to contact us right away. Our criminal defense lawyers have over 20 years of experience successfully handling these types of cases.
 They’ll advise you on the best defenses you can use such as innocence of wrongdoing, intoxication at the time of the incident, or being forced to commit the offense. 

Florida State Law Categorizes Robbery into Degrees

The most critical factor that separates robbery and theft is the presence of the victim. Even if the robbery takes place without the victim realizing it, if the victim is present, that would be a robbery. 
For instance, a robbery might involve grabbing a shopping bag out of a car that is waiting for the light to turn green at a light. However, if the bag is stolen from a car parked in a parking lot with the owner away getting coffee, that would be a theft. 

Third Degree Robbery

Third degree robbery is the lowest category and carries the least serious penalties. If the robbery is committed without using any kind of violence, force, or threat, that’s a third degree offense. 
For example, snatching a purse or pickpocketing. A seventh-grade child intimidating another student with threats of hurting them and taking their property is also considered a juvenile offense of robbery in the third degree.

Second Degree Robbery

When the robbery involves some kind of violence and physical harm, that becomes a more serious offense or second degree robbery. There are no weapons used in second degree robbery, but the victim is harmed in some way. For instance, a robbery where the perpetrator pushed the victim down when snatching a cell phone.

First Degree Robbery

This is the most serious robbery offense and carries the maximum penalties. If the robbery involves the use of a deadly weapon to threaten, intimidate, or harm the victims, that’s considered a first degree felony. 
For instance, during a store robbery, the armed perpetrator enters the store and points a gun at the owner, demanding that he empty the register. The owner hands over the cash and the robber takes off with the money. Although there was no physical injury, the weapon was capable of serious damage.

Penalties for a Robbery

The punishment and penalties for robbery will depend on the specific circumstances and the value of the property stolen. Florida state law follows the 10-20-Life rule where a punishment of 10 years, 20 years, or life imprisonment is awarded for a robbery where a firearm or any other destructive device is used. Such incidents are also called aggravated robbery or armed robbery. Here’s what to expect.

Third Degree Penalties

Since this a Class D felony, it carries a maximum of seven years’ prison term. However, if this is the first offense, and the accused does not have any prior convictions, the court may choose to award probation.

Second Degree Penalties

A second degree robbery carries a punishment of up to 15 years imprisonment and a fine of $10,000.

First Degree Penalties

A first degree robbery is considered a violent felony offense and carries a possible penalty of life imprisonment along with a fine of $10,000. In some cases, a prison sentence of up to 30 years can also be awarded.

Having a Competent Attorney Represent You is Critical

If you’ve been arrested and accused of robbery, getting competent representation is the first thing you need to do. Your lawyer will be present at the arraignment and put forward your defense. 
With more than 100 years of experience, the lawyers at Smith & Eulo Law Firm are familiar with the strategies of prosecutors and the workings of the justice system. They’ll give you advice on what can be done to get the best outcome possible. Considering that a robbery charge can impact your personal life and future career prospects for a long time, you absolutely need the best defense possible.
If you or your loved one find themselves in a situation where you are being accused of a robbery

? Call us right away at 386-310-2011

to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and

payment plans . In addition to our Daytona Beach office, we have offices in the following cities across the state of Florida:

*Additional Orlando Florida & Orange County Legal Resources

Serving Daytona Beach, FL

Open 24/7

Contact Us Today!

June 16, 2019  ·  Uncategorized

Robbery Lawyers in Orlando, FL

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Robbery

Robbery is a felony offense that involves the act of intentionally taking another person’s property without their consent. There are multiple types of robbery. It can be a simple snatching, a robbery by force, or a robbery with a deadly weapon. This crime can be done by something small like pickpocketing or going to a bank with a gun and demanding money.

Florida Statute 812.13 – Robbery

(1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

Types of robbery

Sudden Snatching: This is the lowest level of robbery. This is the simplest and least serious version of robbery. To commit sudden snatching the individual would have to steal someone else’s property without the use of force, violence or threat. Examples would be pickpocketing or purse snatching. Robbery by force: Robbery by subsequent force is a more serious variety of robbery. This type of Robbery involves actual physical violence to effectuate the robbery. An example of robbery by force would be similar to sudden snatching. The only difference would be if the individual had harmed the victim. For example, the purse snatcher had pushed the woman down on the floor so she can grab her purse. Robbery with a deadly weapon: This robbery would involve stealing another person’s property by using a deadly weapon or firearm. They would use the weapon to threaten the person or harm them. For example, an armed robber walks into a bank. The armed robber points the gun at the banker and demands money. Then, the cashier hands him the money. The armed robber runs out with the money.

Home Invasion Robbery

Home invasion robbery is a serious crime in Florida, defined as an unlawful entry into a dwelling with the intent to commit robbery while the occupants are present. Due to the potential danger to residents, it is classified as a first-degree felony, carrying severe penalties. To qualify as home invasion robbery, three key elements must be present: unlawful entry without consent, intent to commit robbery, and the presence of the home’s occupants. This crime is treated harshly because it not only involves theft but also endangers the physical and psychological well-being of individuals in the home. Penalties for home invasion robbery in Florida can include long prison sentences, substantial fines, and restitution to victims. Aggravating factors, such as the use of a weapon, infliction of bodily harm, or prior criminal history, can increase the severity of the punishment. Defendants in home invasion robbery cases may challenge the evidence, prove consent for entry, or argue a lack of intent to commit robbery. Skilled legal defense is essential for anyone facing such charges. To prevent home invasion robbery, individuals should secure their homes with alarms, cameras, and strong locks, and engage in community efforts like neighborhood watch programs. Collaboration with law enforcement and regular meetings can enhance safety and deter crime. Understanding Florida's robbery laws, including armed robbery and strong-arm robbery, is crucial for anyone involved in such cases. Seeking immediate legal counsel is essential for those charged with home invasion robbery to ensure their rights are protected and they receive a fair trial.

Penalties

Robbery is a felony offense and depending on the type of felony would determine the penalties. Sudden snatching is a third-degree felony. It’s punishable by up to 5 years in prison or 5 years on probation. Robbery with the use of force is a second-degree felony. It is punishable by up to 15 years in prison or 15 years of probation. Robbery with a deadly weapon is the most extreme robbery offense and is a first-degree felony offense. There is a possibility of a maximum 30-year prison sentence or a life sentence. If you or your loved one find themselves in a situation where you are being accused of Robbery, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida: *Additional Orlando Florida & Orange County Legal Resources [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
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