Tampa Robbery Defense Attorneys
Our Tampa robbery defense lawyers have experience since 1997 in litigating robbery offenses by trial, if necessary, or to otherwise obtain the best possible outcome or plea deal. Our main objective is to analyze all of the circumstances surrounding your case, so that we can provide you with the most effective representation. Your well-being is our top priority and we will diligently and responsively represent you in your case. Our Tampa law firm has dedicated attorneys and staff with decades of experience exclusively in criminal defense law and we will aggressively fight to defend your rights, your future and your freedom.
What is Robbery?
Although robbery involves theft, it is considered more than just a theft crime. It is considered to be a violent crime because for an act of theft to be charged as an act of robbery, the offender must have used force or threat to coerce the victim into compliance. For example contrasting theft from robbery, if someone takes your wallet from your pocket and runs off with it without threat or force to you, then that would be considered theft.
Elements of Robbery:
- There has to be a permanent or temporary taking of the victim’s money or property;
- The taking must be without the consent of the victim;
- The money or property does not have to belong to the victim, it just has be in the victim’s possession; and
- It must be taken from the victim’s body, within the victim’s immediate vicinity or from a place which is under the control of the victim.
2. Force or Threat:
- Intimidation or physical force; or
- Use of a weapon whether it is deadly or not.
The sequence of either force or threat elements of the crime of robbery are not necessarily in any particular order and may occur after the taking is completed. In example, if there is a theft initially and thereafter threat or force is perpetrated against the victim, then it becomes a crime of robbery. So if you pick pocket an individual’s wallet without his knowledge and then you run away, as was written above that would be considered theft; however, if the victim runs after you to get his property back and you turn and intimidate him with the threat or use of bodily harm or use a weapon to threaten him, then it becomes robbery.
The prosecutor must show that there was a specific intent to permanently or temporarily take control of the property of another and thereby deprive the victim of it.
There is no set value of the property or the amount of money that is taken to be considered robbery. Essentially, it is only necessary that ‘some thing’ is taken.
As with other violent crimes, a robbery conviction has steep criminal penalties and you are highly advised to work with an experienced and knowledgeable Tampa criminal defense lawyer. Call us at 813-672-1900 or contact us online for a free initial consultation to discuss your situation and the options available to you. Or if there is an emergency and you need to call after hours, weekends and holidays please call telephone number: (813) 551-3903 for assistance.
Criminal Penalties for Robbery:
Penalties for a charge of robbery are subject to several variables. The most important of these variables is whether the alleged act was committed with or without the use of a weapon, regardless of whether the weapon is deadly or not. It is considered armed robbery and it is a first degree felony. The court, however, may take into consideration the deadliness of the weapon in determining the harshness of the penalty it imposes. Typically, a first degree felony is punishable by up to 30 years in prison, although a guilty defendant’s sentence can be as long as life in prison. A first degree felony conviction also carries a $10,000 fine.
When a robbery is committed without the use of a weapon, it may be charged as a second degree felony. The penalties for this are incarceration for up to 15 years and a fine of up to $10,000.
If the individual is considered a “habitual felony offender,” meaning that he or she has previous felony convictions on his or her record, this is considered as well in sentencing the defendant.
Potential Defenses to a Robbery Charge
Never assume that a charge is an automatic conviction. There are always possible defense strategies for a robbery charge or any other criminal charge. Your defense strategy could involve one or more, but not limited to, the following defenses:
- A lack of evidence linking you to the crime. This could be a lack of evidence to show that you were the one who robbed the victim or a lack of evidence that a robbery occurred at all;
- Your desperation in an emergency situation. For example, if you reasonably believed that you were at risk of being harmed or that your actions prevented the injury or death of another party, this can be part of your defense strategy;
- If evidence against you was collected using illegal means, such as a search without a warrant or questioning that violated your civil rights, that evidence could be inadmissible in court; and
- If the court cannot prove that you intended to commit the act of robbery.
Work with an Experienced Tampa Criminal Defense Lawyer
A robbery charge is unlike other minor theft charges. If you are facing a robbery charge in Florida, be proactive and start working on your case’s defense strategy with an experienced criminal defense attorney. To learn more, contact us by email or call 813-672-1900 today to schedule your free initial consultation with an experienced and dedicated Tampa robbery defense attorney. We will respond to you at our earliest opportunity. Furthermore, we are available after hours, weekends and holidays if there is an emergency. Please call: (813) 551-3903 for assistance after hours.