Robbery is defined as the taking of someone else’s property by force. If someone takes something off of the shelf, that is just theft, however, if someone tells a person to give them their wallet or they are going to harm them, then that is defined as taking by force and will be classified as robbery.
The statutory definition of robbery means the taking of money or other property, which is the property of another person, with the intent to either permanently or temporarily deprive that person or the owner of the money or their property. There is the use of force, violence, assault, or putting in fear.
If you are facing such a charge, it is important to contact a West Palm Beach robbery lawyer as soon as possible. An experienced criminal attorney can build a defense to help lessen or dismiss any penalties associated with the charge. En Español.
Why are Robbery Charges Serious?
Theft by force is more serious than just theft. There is no misdemeanor robbery charge, so this offense would be defined by the degree of force that was used. One degree of the charge is someone who threatens somebody with harm.
An individual may also brandish a knife or some other type of weapon and commit robbery with a deadly weapon. If an individual has a gun and threatens an individual, the charge is defined as robbery with a firearm. Such robbery charges can be best explained by a West Palm Beach lawyer.
Potential Penalties for Robbery
If a person is committing a robbery and has a firearm or other deadly weapon, then it is a felony of the first degree. Such a crime is punishable by life in prison. If the person is stealing something and is carrying a weapon, but it is not a firearm, it is a felony of the first degree. This is punishable by up to 25 years in prison. Due to the severity of the penalties, an individual who has been charged with robbery should not hesitate to consult with a lawyer in West Palm Beach.
If an individual uses violence to steal something but has no firearm or no deadly weapon, it is a strong-arm robbery. This is a second-degree felony, the lowest level of robbery, and is punishable by up to 15 years in prison. Any sort of theft plus force becomes a second-degree felony minimum. There are many different types of robberies that an individual may be charged with. There is home invasion robbery, carjacking, robbery by snatching, and similar charges.
Aggravating Factors
Any degree of force present would make the crime a robbery. The level of force used, however, may contribute as an aggravating factor to the crime. If someone is causing a threat of violence, that is a basic robbery. If someone is using a firearm, that is considered the highest level of robbery. If an individual is using a weapon and threatening bodily harm, that is a separate charge.
If a person breaks into someone’s home and uses force to steal their things, the person will often face a hefty prison sentence. Varying consequences of a robbery conviction will depend upon the level of force and the circumstances of how it happened. The presence of any aggravating factors can sometimes complicate the penalties an individual may face if they have been convicted.
Burden of Proof in Robbery Cases
In order to prove theft using violence, the prosecution must prove that the accused individual took something from either a person or other entity. That encompasses robbery in a store as well. If an individual took the property of another without their consent with the intent to temporarily or permanently deprive them of the use or benefit of that property, and used force while doing so, they may face a robbery charge. To defend against a robbery charge, it is pertinent that an individual consult with an experienced attorney in West Palm Beach as soon as possible to build a defense strategy.
Lessening the Charge
An attorney may be able to lessen the severity of the charge by arguing that the degree of force was not such that a person would be in fear. They may assert that it was just a threat. Further, a lawyer may argue that the charge may have been assault instead of robbery.
A robbery is basically an assault and a theft charge. An experienced lawyer could help to negotiate the current charge down to either just assault or just theft.
If a person breaks down the elements of robbery as taking by force or threat of force, then a reduced charge may be classified as just taking or a threat. If the charge is a robbery with a firearm, maybe the firearm was not working or it was a BB gun. This may lead to the charge being lessened. Every case is negotiable. Based on the facts of the robbery case, the attorney in West Palm Beach could negotiate the charges down and reexamine the evidence as well as the defenses that are available to the client.
Contact a West Palm Beach Robbery Attorney
A person charged with violent theft should hire a West Palm Beach robbery lawyer as soon as possible. This offense is considered a serious, violent crime, and can have a strong reflection on an individual’s character. This can often impact an individual’s ability to get a job or maintain their current employment.
These charges often produce lengthy prison sentences and convictions that will remain on a person’s record for the rest of their life. To help combat such serious consequences and burdens, an individual should not hesitate before contacting a lawyer immediately.
