Armed Robbery Charge Defense
Polk County Florida Criminal Defense Firm providing Criminal Armed Robbery Defense Attorney – Lawyer Legal Services in Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.
What is Armed Robbery?
According to Florida Criminal Statute §812.13 , armed robbery is when a deadly weapon or firearm is used while committing the criminal act of taking money, property, or assets from an individual or the custody of another with intent to either temporarily or permanently deprive the individual or owner of the money or property by use of force, violence, assault, or instilling fear of physical harm of the victim or those associated with the victim.
Maximum Armed Robbery Conviction Penalty
Armed Robbery is a felony of the first degree which carries a maximum penalty of 30 years incarceration and a $15,000 fine .
Florida’s 10-20-Life Law
In 1999 the State of Florida, in an effort to be a pioneering State in reducing and eventually eliminating violent crimes involving firearms, passed and entered into law the 10-20-Life Statue included in 775.087 which stipulates:
A minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device;
A minimum 20 year prison term when the firearm is discharged;
A minimum 25 years to LIFE if someone is injured or killed;
A minimum 3 year prison term for possession of a firearm by a felon;
The minimum prison term is to be served consecutively to any other term of imprisonment imposed.
Burden of Proof for an Armed Robbery Conviction
In order for the prosecution to obtain a conviction for armed robbery, proof of the accused taking the money, property, or assets must be proven beyond a reasonable doubt. This burden often includes:
Substantiating the accused is the person that took or participated in the taking the money, property, or assets without authorization from the alleged victim.
Substantiating the accused used force, violence, assault, or intentionally instilled fear of physical harm to the victim while in the commission of the alleged act of robbery.
That the alleged taking of the money, property, or assets was indeed that which was not lawfully the accused money, property, or assets to begin with. Meaning, you cannot rob someone if the items already belong to you. If physical harm or the threat of physical harm existed at the time of the alleged incident, then the charge may not be robbery, but instead a form of assault or battery.
The additional burden the state must prove beyond a reasonable doubt is that the accused at the time of the alleged robbery a firearm or other deadly weapon was in the accused physical possession.
For more information regarding the burden of proof relating to armed robbery charges and potential defense strategies that may be available to you, contact our office by calling863.937.9100.
If a dismissal of your armed robbery charge is not possible, we will ensure you are fully aware of your legal options going forward such negotiating for a plea deal, or in the case of a trial ensure you are fully aware of every aspect regarding defense strategies that may best serve in the defense of the charges against you.
Each armed robbery defense attorney, lawyer, and staff member in our law firm are ready to assist you in even the most difficult of legal challenges you may be facing. We will aggressively represent your legal needs, interests, and goals regarding your criminal armed robbery issues, as well as other misdemeanor and felony criminal defense related legal issues.
If you must address armed robbery defense issues in Lakeland, Winter Haven, Bartow, Polk County, or the surrounding Central Florida area, speak to an experienced armed robbery defense attorney – lawyer at Carroll Law Group, P.L. today by calling 863.937.9100.