Florida Armed Robbery Lawyer
If you’re facing armed robbery charges in Florida, you need an experienced Florida armed robbery lawyer who understands the serious nature of these allegations and the severe penalties you could face. At The Law Office of Daniel J. Fernandez, P.A., our criminal defense team has over 43 years of experience defending clients against violent crime charges throughout the state. With more than 500 successful trials and recognition as one of Tampa’s top criminal defense attorneys by Tampa Magazine’s Best Lawyers Edition, we provide the aggressive representation you need when your freedom is on the line.
Armed robbery is one of the most serious criminal charges in Florida, carrying mandatory minimum sentences and the potential for decades in prison. The prosecution will aggressively pursue these cases, which is why you need a defense attorney who understands both sides of the courtroom. Daniel J. Fernandez’s background as a former prosecutor gives him unique insight into the tactics used by the state, allowing him to build more effective defense strategies for his clients.
Understanding Armed Robbery Charges in Florida
Under Florida Statute 812.13, armed robbery occurs when a person commits robbery while carrying a firearm, deadly weapon, or any other weapon. The state must prove that you took money or property from another person through the use of force, violence, assault, or putting the victim in fear, while being armed with a weapon. Unlike simple robbery, armed robbery is classified as a first-degree felony with enhanced penalties due to the presence of a weapon.
The penalties for armed robbery in Florida are severe and include mandatory minimum sentences that judges cannot reduce. If convicted, you face a minimum of 10 years in prison if a firearm was used, with the possibility of life imprisonment. Even if the weapon was not a firearm, you could still face up to life in prison for armed robbery. These harsh penalties make it crucial to have experienced legal representation from the moment you’re arrested.
Florida’s 10-20-Life law significantly impacts armed robbery cases. Under this statute, if you possessed a firearm during the commission of the crime, you face a mandatory minimum of 10 years. If you discharged the firearm, the mandatory minimum increases to 20 years. If someone was injured or killed by the firearm, you could face 25 years to life in prison. These mandatory sentences cannot be suspended, and judges have no discretion to reduce them.
Common Defenses Against Armed Robbery Allegations
Building an effective defense against armed robbery charges requires thorough investigation and strategic legal thinking. Our criminal defense attorneys examine every aspect of your case to identify weaknesses in the prosecution’s evidence and violations of your constitutional rights. Many armed robbery cases involve issues with witness identification, which can be unreliable, especially when victims are under extreme stress during the alleged incident.
Challenging the identification of the defendant is often a crucial defense strategy. Eyewitness testimony, while compelling to juries, is notoriously unreliable. Factors such as poor lighting, the stress of the situation, the presence of masks or disguises, and the brief duration of the encounter can all contribute to misidentification. Our team works with experts to demonstrate the unreliability of witness testimony and highlight these weaknesses to the jury.
Constitutional violations during the investigation or arrest can provide grounds for suppressing evidence or dismissing charges entirely. If law enforcement conducted an illegal search, failed to read Miranda rights properly, or violated other constitutional protections, we can file motions to exclude improperly obtained evidence. In some cases, violations of your rights can result in the complete dismissal of charges.
Self-defense or defense of others may also apply in certain situations. If you reasonably believed that you or another person were in imminent danger of death or great bodily harm, Florida law may justify your actions. Our attorneys carefully analyze the circumstances surrounding the alleged incident to determine if defensive force was legally justified under Florida’s Stand Your Ground law or traditional self-defense principles.
The Criminal Justice Process for Armed Robbery Cases
Armed robbery cases typically begin with an arrest following either an immediate apprehension at the scene or a subsequent investigation. Given the serious nature of these charges, bail is often set at a high amount or denied entirely, making it crucial to have legal representation at your first appearance hearing. Our team works quickly to advocate for reasonable bail conditions and protect your rights from the very beginning of the process.
The discovery phase is critical in armed robbery cases, as it allows your defense team to examine all evidence the prosecution intends to use against you. This includes police reports, witness statements, surveillance footage, forensic evidence, and any physical evidence collected from the scene. Our attorneys thoroughly review all discovery materials to identify inconsistencies, procedural errors, and potential defenses.
Many armed robbery cases are resolved through plea negotiations, but these negotiations require skilled advocacy to achieve favorable terms. The prosecution may be willing to reduce charges or recommend lighter sentences in exchange for a guilty plea, but these decisions should never be made without careful consideration of all options. Our team evaluates the strength of the prosecution’s case and your specific circumstances to advise you on whether accepting a plea offer is in your best interests.
When cases proceed to trial, having an experienced trial attorney becomes essential. Daniel J. Fernandez has successfully defended clients in over 500 criminal trials throughout his 43-year career. This extensive trial experience means understanding how to present compelling defenses, cross-examine prosecution witnesses effectively, and argue persuasively to juries about the reasonable doubt that exists in your case.
Tampa Armed Robbery FAQs
What is the difference between robbery and armed robbery in Florida?
The primary difference is the presence of a weapon. Robbery involves taking property from another person through force or threat of force, while armed robbery occurs when the defendant is carrying a firearm, deadly weapon, or any other weapon during the commission of the robbery. Armed robbery carries much more severe penalties, including mandatory minimum sentences.
Can armed robbery charges be reduced to lesser offenses?
Yes, depending on the circumstances of your case and the strength of the prosecution’s evidence, it may be possible to negotiate reduced charges. Potential reductions could include simple robbery, theft, or other related charges that carry less severe penalties. However, these negotiations require skilled legal representation and careful analysis of the case facts.
What happens if someone was injured during the alleged armed robbery?
If someone was injured during an armed robbery, you could face additional charges such as aggravated battery or attempted murder. Under Florida’s 10-20-Life law, if a firearm was discharged and someone was injured or killed, you could face 25 years to life in prison. These enhanced penalties make aggressive legal representation even more critical.
How does Florida’s Stand Your Ground law apply to armed robbery charges?
If you reasonably believed that you were in imminent danger of death or great bodily harm, you may be able to claim self-defense under Florida’s Stand Your Ground law. This law removes the duty to retreat before using force in self-defense. However, successfully asserting this defense requires proving that your actions were reasonable and necessary under the circumstances.
What evidence does the prosecution need to prove armed robbery?
The prosecution must prove beyond a reasonable doubt that you took money or property from another person through force, violence, assault, or by putting the victim in fear, while being armed with a weapon. They must establish your identity as the perpetrator, the presence of a weapon, and that a taking occurred through the use or threat of force.
Can surveillance video be challenged in armed robbery cases?
Yes, surveillance video can be challenged on various grounds, including poor quality, tampering, chain of custody issues, or problems with the timing or angle of the recording. Our attorneys work with experts to analyze video evidence and identify weaknesses that can be used in your defense.
What should I do if I’m falsely accused of armed robbery?
If you’re falsely accused, it’s crucial to contact an experienced criminal defense attorney immediately and avoid speaking to law enforcement without legal representation present. Document your whereabouts during the time of the alleged incident and gather any evidence that supports your innocence, such as receipts, witness statements, or surveillance footage showing you were elsewhere.
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Contact a Florida Armed Robbery Attorney Today
Armed robbery charges require immediate attention from an experienced criminal defense attorney who understands the complexities of Florida’s criminal justice system. The Law Office of Daniel J. Fernandez, P.A. represents clients throughout Tampa Bay, including Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota County, Pasco County, and Hernando County. Our team is available 24/7 to provide the aggressive representation you need when facing these serious charges. With more than 400 five-star Google reviews and a track record of successful outcomes, we have the experience and dedication necessary to fight for your freedom. Don’t wait to protect your rights and future. Contact our Florida armed robbery attorney today for a free consultation to discuss your case and learn how we can help defend against these serious allegations.