Florida Robbery Lawyer
When you’re facing robbery charges in Florida, the consequences can be severe and life-altering. A Florida robbery lawyer with extensive experience defending against these serious felony charges is essential to protect your rights and freedom. At The Law Office of Daniel J. Fernandez, P.A., our criminal defense attorneys have over 43 years of experience successfully defending clients against robbery and other violent crime charges throughout the state of Florida.
Robbery charges in Florida carry harsh penalties including lengthy prison sentences, substantial fines, and a permanent criminal record that can affect your employment, housing, and personal relationships for years to come. With more than 500 successful trials under our belt, our legal team understands the prosecution tactics used in robbery cases and will fight aggressively to defend your freedom and future.
Understanding Robbery Charges in Florida
Under Florida Statutes Section 812.13, robbery is defined as the taking of money or other property from the person or custody of another by force, violence, assault, or putting in fear. This crime is always classified as a felony, but the degree and penalties depend on the specific circumstances of the alleged offense.
Robbery in the first degree occurs when the defendant carries a firearm or other deadly weapon, or when the defendant commits or attempts to commit another felony during the robbery. This charge is punishable as a life felony with a maximum sentence of life in prison. Second-degree robbery involves the use of an offensive weapon or instrument, while third-degree robbery encompasses all other robbery situations not covered by the more serious degrees.
The prosecution must prove several elements beyond a reasonable doubt to secure a robbery conviction. These include proving that you took money or property belonging to another person, that the taking was from the person or immediate presence of the alleged victim, that force or violence was used or threatened, and that you had the intent to permanently or temporarily deprive the victim of their property.
Our experienced defense attorneys examine every aspect of the prosecution’s case, looking for weaknesses in witness testimony, problems with identification procedures, and violations of constitutional rights that could lead to reduced charges or case dismissal.
Defenses Against Robbery Accusations
A skilled criminal defense lawyer can employ various strategies to defend against robbery charges. One of the most common defenses involves challenging the identification of the defendant, particularly in cases where the alleged victim or witnesses may have had limited opportunity to observe the perpetrator clearly.
Mistaken identity frequently occurs in robbery cases, especially when the incident happens quickly or in poor lighting conditions. Eyewitness testimony, while often compelling to juries, can be unreliable due to stress, fear, and the human tendency to make identification errors under pressure.
Another potential defense involves challenging the element of force or violence. If the prosecution cannot prove that force was actually used or threatened, the charge might be reduced to theft rather than robbery. Additionally, if evidence was obtained through illegal searches or seizures, our attorneys will file motions to suppress that evidence.
In some cases, defendants may have been acting under duress or coercion, or there may be evidence of an alibi that places the defendant elsewhere when the alleged crime occurred. Our legal team thoroughly investigates every aspect of your case to identify the strongest possible defense strategy.
The Criminal Justice Process for Robbery Cases
Robbery cases typically begin with an arrest following either an immediate apprehension at the scene or after a police investigation. Given the serious nature of these charges, defendants are often held on substantial bail amounts or may be denied bail entirely if considered a flight risk or danger to the community.
The first court appearance, known as an arraignment, occurs within 24 hours of arrest. During this hearing, the defendant enters a plea and bail conditions are set or reviewed. Having an experienced criminal defense attorney present from the beginning ensures that your rights are protected throughout every stage of the proceedings.
Pre-trial motions play a crucial role in robbery cases. These may include motions to suppress evidence, dismiss charges, or exclude certain testimony. Our attorneys file comprehensive motions challenging any procedural violations or constitutional rights violations that occurred during the investigation or arrest.
If negotiations with prosecutors do not result in acceptable plea arrangements, our trial lawyers are prepared to take your case before a jury. With over 500 successful trials, Daniel J. Fernandez and his team have the courtroom experience necessary to present compelling defenses in complex robbery cases.
Tampa Robbery Lawyer FAQs
What is the difference between robbery and burglary in Florida?
Robbery involves taking property directly from a person using force or threat of force, while burglary involves unlawfully entering a dwelling or structure with intent to commit a crime inside. Robbery is considered a more serious offense because it involves direct confrontation with a victim.
Can robbery charges be reduced to lesser offenses?
Yes, depending on the circumstances and evidence, robbery charges may potentially be reduced to theft, assault, or other lesser offenses through skilled negotiation with prosecutors or successful motion practice challenging the elements of the robbery charge.
What are the mandatory minimum sentences for robbery in Florida?
Florida has specific mandatory minimum sentences for robbery involving firearms. If a firearm is used during a robbery, there is a mandatory minimum sentence of 10 years in prison under Florida’s 10-20-Life statute, with longer minimums if the weapon is discharged.
How does a robbery conviction affect my future?
A robbery conviction results in a permanent felony record that can impact employment opportunities, housing applications, professional licensing, and voting rights. The violent nature of robbery charges makes employers particularly hesitant to hire individuals with these convictions.
Can I be charged with robbery if no property was actually taken?
Yes, Florida law allows for robbery charges even when no property is successfully taken. Attempted robbery carries similar penalties to completed robbery if the prosecution can prove intent and use of force or threat of force.
What should I do if I’m arrested for robbery?
Exercise your right to remain silent immediately and request an attorney. Do not discuss the case with police, investigators, or other inmates. Contact an experienced criminal defense lawyer as soon as possible to protect your rights.
How long do robbery cases typically take to resolve?
Robbery cases can take several months to over a year to resolve, depending on the complexity of the evidence, number of witnesses, and whether the case goes to trial. More complex cases involving multiple defendants or extensive evidence may take longer.
Serving Throughout Florida
Our criminal defense practice serves clients facing robbery charges throughout Florida, including:
- Tampa
- St. Petersburg
- Clearwater
- Lakeland
- Brandon
- Plant City
- Riverview
- Valrico
- Carrollwood
- Westchase
Contact a Florida Robbery Attorney Today
If you or a loved one is facing robbery charges anywhere in Florida, time is critical in building an effective defense. The Law Office of Daniel J. Fernandez, P.A. provides aggressive representation and strategic defense planning to protect your rights and freedom. As a former prosecutor with over four decades of criminal defense experience, Daniel J. Fernandez understands both sides of the courtroom and will use that knowledge to your advantage. Our Florida robbery attorney is available 24/7 to discuss your case and begin working immediately to protect your future. Contact us today for a free consultation to learn how we can help defend against these serious charges.