St. Petersburg Armed Robbery Lawyer
Being accused of armed robbery in St. Petersburg is one of the most serious criminal charges you can face, carrying severe penalties including lengthy prison sentences and permanent consequences for your future. If you or a loved one is facing armed robbery charges in Pinellas County, you need an experienced St. Petersburg armed robbery lawyer who understands the complexities of Florida’s criminal justice system. At the Law Office of Daniel J. Fernandez, P.A., we provide aggressive defense representation for clients throughout the Tampa Bay area, including St. Petersburg, with over 43 years of proven experience defending serious felony charges.
Daniel J. Fernandez has successfully defended over 500 clients in trial throughout his distinguished career, including numerous armed robbery cases in St. Petersburg and surrounding areas. As a former prosecutor, he understands the tactics used by the state attorney’s office and leverages this insider knowledge to build the strongest possible defense for our clients. Our firm has earned recognition in Tampa Magazine’s Best Lawyers Edition and maintains over 400 five-star Google reviews from satisfied clients.
Understanding Armed Robbery Charges in Florida
Armed robbery under Florida Statutes Section 812.13 is defined as taking money or other property from another person through the use of force, violence, assault, or putting the victim in fear, while carrying a firearm, deadly weapon, or other weapon. In St. Petersburg, these charges are aggressively prosecuted by the Pinellas County State Attorney’s Office, and convictions carry mandatory minimum sentences under Florida’s 10-20-Life law.
Armed robbery is classified as a first-degree felony in Florida, punishable by up to life in prison. If a firearm is used during the commission of the robbery, mandatory minimum sentences apply. A conviction for armed robbery with a firearm carries a minimum 10-year prison sentence, while discharging a firearm during an armed robbery results in a minimum 20-year sentence. If someone is killed or suffers great bodily harm, the mandatory minimum sentence is 25 years to life.
The prosecution must prove several elements beyond a reasonable doubt to secure a conviction, including that you took property belonging to another person, used force or threat of force, carried a weapon, and had the intent to permanently deprive the victim of their property. An experienced criminal defense attorney can challenge each of these elements and identify weaknesses in the state’s case.
Defense Strategies for Armed Robbery Cases
Successfully defending against armed robbery charges requires a comprehensive understanding of criminal law, evidence rules, and courtroom strategy. Our legal team employs various defense strategies depending on the specific circumstances of each case. Common defenses include challenging the identification of the defendant, as mistaken identity is surprisingly common in robbery cases, especially when the incident occurred quickly or in poor lighting conditions.
We thoroughly investigate whether law enforcement followed proper procedures during the arrest and evidence collection. Violations of Fourth Amendment rights, such as illegal searches and seizures, can result in crucial evidence being excluded from trial. This includes examining whether police had probable cause for stops, searches, or arrests, and whether Miranda rights were properly administered.
In cases involving witness testimony, we scrutinize the reliability and accuracy of witness statements. Witnesses to violent crimes are often under extreme stress, which can affect their ability to accurately perceive and remember events. Cross-contamination of witness accounts and suggestive identification procedures can also undermine the prosecution’s case.
Self-defense or defense of others may apply in certain situations where the accused reasonably believed they were in imminent danger of death or great bodily harm. Additionally, we examine whether the alleged weapon actually constituted a deadly weapon under Florida law, as this designation significantly impacts potential sentences.
The St. Petersburg Criminal Justice Process
Armed robbery cases in St. Petersburg are typically processed through the Pinellas County Criminal Justice Center, located at 14250 49th Street North in Clearwater. The facility houses both the courthouse and the Pinellas County Jail, where defendants are often held pending trial due to the serious nature of these charges.
The criminal process begins with an arrest, followed by a first appearance hearing where bond is determined. Given the severity of armed robbery charges, judges often set high bonds or may deny bond entirely if they determine the defendant poses a danger to the community or is a flight risk. Our legal team works diligently to secure reasonable bond conditions or argue for bond reduction when appropriate.
During the discovery phase, we meticulously review all evidence the prosecution intends to present, including police reports, witness statements, surveillance footage, forensic evidence, and any recorded statements. This comprehensive review allows us to identify inconsistencies, procedural errors, and potential defenses that can be leveraged in negotiations or at trial.
Pre-trial motions play a crucial role in armed robbery defense. We file motions to suppress evidence obtained through illegal means, motions to exclude unreliable witness testimony, and other motions designed to strengthen our client’s position. Many cases are resolved through plea negotiations, but our team is always prepared to take cases to trial when it serves our client’s best interests.
St. Petersburg Armed Robbery FAQs
What is the difference between armed robbery and strong-arm robbery in Florida?
Armed robbery involves the use of a weapon, firearm, or deadly weapon during the commission of the robbery, while strong-arm robbery involves the use of force or violence without a weapon. Armed robbery is a first-degree felony with mandatory minimum sentences, while strong-arm robbery is typically charged as a second-degree felony with less severe penalties.
Can armed robbery charges be reduced to lesser offenses?
Yes, depending on the circumstances of the case and the strength of the evidence, armed robbery charges may be reduced to lesser offenses such as strong-arm robbery, theft, or assault. An experienced criminal defense attorney can negotiate with prosecutors to secure reduced charges when appropriate, potentially avoiding mandatory minimum sentences.
What happens if I was not the person who carried the weapon during a robbery?
Under Florida law, all participants in an armed robbery can be charged with the same offense, even if they did not personally carry the weapon. This is known as the principal theory of liability. However, the specific role each defendant played can impact plea negotiations and potential sentences.
How does Florida’s 10-20-Life law affect armed robbery cases?
Florida’s 10-20-Life law imposes mandatory minimum sentences for crimes involving firearms. If a firearm is carried during an armed robbery, the minimum sentence is 10 years. If the firearm is discharged, the minimum is 20 years. If someone is killed or suffers great bodily harm, the minimum sentence is 25 years to life.
Can surveillance video evidence be challenged in armed robbery cases?
Yes, surveillance video evidence can be challenged on various grounds, including the quality of the footage, chain of custody issues, whether the video has been altered or enhanced, and whether the person in the video can be clearly identified as the defendant. Poor quality video that does not clearly show the defendant’s face or actions may not be sufficient for conviction.
What should I do if I am questioned by police about an armed robbery?
You should immediately invoke your right to remain silent and request an attorney. Do not answer any questions or provide any statements to law enforcement without your lawyer present. Even innocent explanations can be used against you in court, and anything you say can be taken out of context.
How long do armed robbery cases typically take to resolve?
Armed robbery cases can take anywhere from several months to over a year to resolve, depending on the complexity of the case, the amount of evidence, whether the case goes to trial, and court scheduling. Felony cases generally move more slowly through the system than misdemeanor cases due to their serious nature and the extensive preparation required.
Serving Throughout St. Petersburg
- Downtown St. Petersburg
- Old Northeast
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- Lakewood Estates
- Pinellas Point
- Skyway Marina District
- Grand Central District
- Euclid St. Paul
Contact a St. Petersburg Armed Robbery Attorney Today
If you are facing armed robbery charges in St. Petersburg or anywhere in Pinellas County, time is critical in building your defense. The Law Office of Daniel J. Fernandez, P.A. provides aggressive, experienced representation for clients facing serious felony charges throughout the Tampa Bay area. With over four decades of criminal defense experience and more than 500 successful trials, Daniel J. Fernandez has the knowledge and courtroom skills necessary to fight for your freedom and future. Our team is available 24/7 to provide immediate assistance and begin working on your case right away. Do not face these serious charges alone when you can have a dedicated St. Petersburg armed robbery attorney fighting for your rights every step of the way.