Robbery is defined specifically by Florida statutes. According to section 812.13 of the Florida Statutes, robbery is the taking of money or other property from the custody of another person with the intent to permanently or temporarily deprive the person or owner of the money or their property when there is use of force. The use of force is typically what changes a theft offense to a robbery charge. However, the severity of the alleged force used could impact the Ft Lauderdale robbery penalties one may face. To learn more about the consequences of robbery arrests, contact a skilled robbery attorney immediately.
What is Considered Robbery?
The elements of the crime of robbery are:
- The taking of money or other property from another person
- The intent to deprive the other person of the money or property
- The use of force, violence, assault, or putting the other person in fear during the robbery
To prove the charges for robbery, the prosecutor must show the taking of money or property from another person with the intent to permanently or temporarily deprive that other person of the property or money. In the course of the taking of the money or property, there must be some type of force, violence, assault, or placing the individual in fear.
What are the Consequences for Committing Robbery?
The consequences of robbery in Fort Lauderdale depend on the type of charge. There are different classifications of robbery that people need to understand. To, begin, strong arm robbery is the taking of money or something by physical force and is a second-degree felony punishable by up to 15 years in state prison.
Armed robbery with a weapon is a felony in the first degree punishable by 30 years in state prison. The charges carry different levels of severity and different sentencing guidelines points for the score sheet. Ft Lauderdale robbery penalties typically vary according to the level of severity of the crime and a history of prior convictions.
Defining Possible Aggravated Penalties
Robbery is a felony. When someone is being sentenced for armed robbery with a deadly weapon, at the outset of the case, prosecutors seek to impose a jail sentence. It is up to the defense attorney to work around that, reduce the charge, have the charge dismissed, or argue for a reduced sentence. In some cases, the defense attorney may file a motion for downward departure in front of a judge in the hope of getting a resolution that does not involve jail time.
What to Look for When Hiring an Attorney
When someone is charged with robbery and is looking for a criminal lawyer in Fort Lauderdale, they should look for a representative who has a great deal of experience as a criminal defense attorney. It is most important that an individual look for a local lawyer.
Experience dictates whether the defense attorney knows what the prosecutor needs to prove the charge to enforce Ft Lauderdale robbery penalties. The more experienced the representative is, the more likely they know exactly what the prosecutor needs to prove their case. The legal advocate can identify the pitfalls in the case, which leads them to possible defenses. To learn more about these strategies and get started on your case, reach out to our practice today.