Robbery, generally speaking, is using force or a threat of force to deprive a person of their property. Since robbery is considered a violent crime, convictions carry severe penalties and could have a negative impact on your life long after you have served your sentence.
If you have been charged with robbery, one of our knowledgeable Attorneys at Leifert & Leifert could make a big difference. Prosecutors have a burden of proof, and a skilled advocate might be able to challenge their ability to prove a case against you and get charges reduced or dropped. If your case goes to trial, a Tequesta robbery Lawyer could present evidence or extenuating facts that could help sway a jury in your favor.
Proving the Four Elements of Robbery
To win a conviction, Prosecutors must prove each element of a charge beyond a reasonable doubt. This standard requires Prosecutors to show that there is no logical explanation for what happened except that the defendant did it. A local Attorney could propose alternative scenarios to refute one or more elements of a robbery offense, and deprive the Prosecutor of the ability to prove the case beyond a reasonable doubt.
Prosecutors must show that the defendant took possession of someone else’s property with the use of some degree of force while that person was in the vicinity. It cannot be robbery if the owner of the property is absent. The owner must be nearby and aware that someone is taking their property by force. Otherwise it is just theft.
Force or Threat of Force
A robbery involves force or the threat of force. If a person demands someone’s wallet and falsely claims to have a weapon, a Prosecutor might contend that was a threat of force and that person could face a robbery charge. On the other hand, a pickpocket who gets away with the wallet undetected does not commit robbery, but theft.
Thing of Value
A person cannot be convicted of robbery if they did not come away from the encounter with something that has value. Florida does not consider how much value the property has when charging robbery, so even if the items are worth only a few dollars, a Prosecutor could bring a robbery charge.
Robbery is a crime of intent. That means a Prosecutor must prove that the defendant’s purpose was to remove property from the possession of its owner.
Specific Types of Robbery
There are laws in Florida that govern specific types of robberies. Although the elements of proving the crime mirror those above, there are some nuances to each one.
Florida describes robbery by sudden snatching, such as a mugging or purse snatching. The person whose property is taken must know that it is being taken, but the robber need not have used any force apart from the effort required to get the property from the owner.
Carjacking is a robbery that involves stealing a vehicle by force or threat of force in the presence of the owner or driver. Carjacking is a first-degree Felony even when there is no weapon involved.
Home invasions are robberies that involve forceful entry into a residence that is occupied at the time with the intent to steal property. Home invasion is always a first-degree Felony.
Get Help from a Tequesta Robbery Attorney Today
In Florida, all robberies are Felonies. If the accused had a weapon, used physical force, or has a criminal record, a conviction could mean a sentence of many years, perhaps even life, in prison. If you are facing a robbery charge, you need effective legal assistance immediately.
One of our Attorneys at Leifert & Leifert could defend your case by checking that the police followed all the proper procedures and gathered their evidence in accordance with the law. Get a strong advocate to fight for your life, because that may be what is at stake. Call to get a Tequesta robbery Lawyer to review your case today.