Fort Myers Robbery Attorney
Robbery is a serious criminal offense in Florida. It is distinct from theft or burglary as it involves using force, violence, assault, or the threat of force to take property from another person. While other theft offenses might be charged as a misdemeanor or felony depending on the circumstances, robbery is classified as a violent crime and is always charged as a serious felony. If you or a family member is facing robbery charges in Lee or Collier County, contact Hollander & Hanuka to speak with an experienced Fort Myers robbery defense lawyer. Our team is committed to providing practical advice and the best possible defense for our clients in Fort Myers and the surrounding areas.
What Is Robbery Under Florida Law?
Under Florida Statutes § 812.13, robbery occurs when someone unlawfully takes money or property from another person with the intent to permanently or temporarily deprive the person of their property by using force, violence, assault, or “putting in fear.” What sets robbery apart from other theft crimes is the use of force, violence, or the threat of force during the commission of the offense. Robbery is a felony offense, and the severity of the penalties can vary depending on the circumstances surrounding the case.
Penalties for Robbery in Florida
If convicted of robbery, the penalties are severe and can include lengthy prison sentences, steep fines, and a permanent criminal record. The specific penalties depend on the type of robbery charged:
- Robbery without a weapon: This is a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.
- Robbery with a deadly weapon or firearm: This is a first-degree felony, punishable by up to life in prison. Merely carrying a firearm could result in a minimum sentence of 10 years in prison. If a firearm was discharged during the robbery, the defendant could face a minimum sentence of 20 years under Florida’s 10-20-Life law.
Given the seriousness of these charges, it is critical to have an experienced criminal defense attorney on your side to fight for your rights and work to minimize the potential consequences.
Elements of Robbery That Must Be Proven
For a robbery conviction in Florida, the prosecution must prove the following elements beyond a reasonable doubt:
- The taking of property: The defendant must have taken money or property from the victim.
- Intent to permanently or temporarily deprive: The defendant must have intended to permanently or temporarily deprive the victim of their property.
- Use of force, violence, assault, or threat: The defendant must have used force, violence, assault, or the threat of force during the robbery to carry out the offense.
Each of these elements must be proven for a conviction to occur. If any of these elements are not fully established by the prosecution, it could result in an acquittal or dismissal of charges.
Defenses to Robbery Charges
Several potential defenses to robbery charges may exist, and choosing the right strategy will depend on the specific facts of the case. Some common defenses include:
- Lack of intent: If the prosecution cannot prove that the defendant intended to take the property permanently or temporarily, the robbery charge may be reduced or dismissed.
- Mistaken identity: Robbery cases often hinge on eyewitness testimony, which can be unreliable. If there is evidence to suggest that the defendant was mistakenly identified as the perpetrator, this can be a strong defense.
- Alibi: If the defendant can prove that they were elsewhere at the time of the alleged robbery, this could lead to a dismissal of charges.
- Duress or coercion: If the defendant was forced to commit the robbery due to threats of violence or other forms of coercion, this may serve as a valid defense.
How a Criminal Defense Attorney Can Help
A skilled criminal defense attorney from Hollander & Hanuka Attorneys at Law can provide essential legal guidance and advocate for the best possible outcome in your case. We will thoroughly investigate your case, gather evidence, and challenge the prosecution’s claims to weaken their case. This may involve questioning the validity of witness statements, examining the legality of how evidence was obtained, and finding inconsistencies in the prosecution’s arguments.
In some cases, a plea bargain may be the best option to avoid a lengthy prison sentence. We will work to negotiate a favorable plea deal, which could result in reduced charges or a lighter sentence, such as probation instead of incarceration. Alternatively, if we can show that the prosecution’s evidence is insufficient or that law enforcement violated your rights during the arrest or investigation, we may be able to get your charges dismissed entirely.
If your case goes to trial, we will provide a vigorous defense, presenting evidence, cross-examining witnesses, and challenging the prosecution’s case to secure an acquittal or the most favorable verdict possible.
Contact Hollander & Hanuka for Robbery Defense in Fort Myers, Florida
At Hollander & Hanuka Attorneys at Law, we are dedicated to protecting your rights and your future. If you or a loved one is facing robbery charges in Fort Myers, contact us today at 239-332-3300 to discuss your case and learn how we can help you achieve the best possible outcome.