Robbery is defined as the taking of money or any other property, which is otherwise something that can be stolen or the subject of larceny, from somebody else with the intent to take that property either permanently or temporarily. Also, that individual must be depriving the person of their rightful benefit or use of that money or property.
When it is armed robbery, that means that an individual is forcibly taking the property of another while armed with either a weapon or a firearm. If you are facing such a charge, it is imperative to contact an experienced West Palm Beach armed robbery lawyer as soon as possible. An experienced robbery attorney in West Palm Beach can assist in building a defense to help lessen or dismiss any potential penalties of the charge.
Elements of a Charge
Elements of an armed robbery charge would be that the person would have to take the property of another without that person’s consent, with force and with a weapon, and the taking would have to be with the intent to either permanently or temporarily deprive that person of the use or benefit of the property.
During the taking, there must have been the use of force, violence, assault, or putting them in fear by use of a weapon. To best understand these elements, an individual should not hesitate before consulting with an experienced robbery attorney in West Palm Beach.
The consequences of armed robbery vary depending on the degree of force used. If an individual proceeded without a firearm, the crime is a felony in the first degree, which is punishable by up to 25 years in prison.
If a person commits a robbery and they carried a firearm or other deadly weapon, that is also a first-degree felony, but instead of it being punishable by up to 25 years in prison, it is punishable by up to life in prison. To combat such serious penalties, an individual should contact a West Palm Beach armed robbery lawyer as soon as possible.
Burden of Proof
When attempting to prove an armed robbery charge, A prosecutor must prove that there was the taking of property of another with the intent to either permanently or temporarily deprive that other person or the owner of that property from the use or benefit of the property. They must also prove that in the course of taking that property, the individual used force, violence, assault, or put the person in fear.
For the robbery to be considered armed, the prosecutor must also prove that, during the commission of that crime, there was a taking by force and a weapon was used, not a deadly weapon or firearm but a weapon was used like a baseball bat or hammer.
As an aside, there are two different types of armed robbery. There is armed robbery with a deadly weapon or a firearm and there is armed robbery without a deadly weapon or firearm. There is a difference in Florida. Armed robbery in Florida depends upon what an individual is armed with. To understand such nuances, an individual should consult with an experienced armed robbery lawyer in West Palm Beach as soon as possible.