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West Palm Beach Robbery Attorney Josh LeRoy on:

Robbery & Related Charges

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An experienced West Palm Beach Robbery Defense Attorney can make all the difference in the world when it comes to your final sentence-potentially years of your life.  A few of the most common charges that fall in the robbery category are detailed below.

What should I know before hiring a West Palm Beach Robbery Attorney for Robbery: F.S. 812.13?

In Florida, robbery is the intentional taking of property of another person coupled with violence or the threat of violence. It can include knocking a person over to take his or her wallet, walking into a gas station and demanding money while brandishing a gun, and even threaten to punch a person if they don’t give you a dollar.

Many different offenses fall under the charge of robbery, such as carjacking (essentially the robbery of a car), home invasion robbery (essentially the robbery from a home), armed robbery (essentially robbery when a weapon is carried or used). It is a crime of violence.

There are many variables in these cases that affect the outcome and possible punishments. One very important

Robbery – F.S. 812.13
Robbery – F.S. 812.13

variable is whether the defendant was carrying a gun or other deadly weapon during the crime’s commission. The use of a weapon in a robbery is a much more serious crime, and results in harsher sentences. Also, carjacking and home invasion constitute 1st degree felonies, regardless of whether the defendant was carrying a weapon or not. That means that a carjacking and a home invasion are each punishable by up to thirty (30) years in prison, whereas robbery is a 2nd degree felony, and carries a maximum prison sentence of up to 15 years. A second important consideration.

If a firearm is involved, the charge is punishable by life imprisonment, and falls under the 10/20/life sentencing requirements. In other words any robbery where a firearm is used, brandished, or even carried but not used or brandished results in at least a ten (10) year term of imprisonment.

In Palm Beach County, any person charged with any type of robbery charge is offered prison by the State Attorney. The State Attorney prosecutes robbery charges especially vigorously.

What is the definition of robbery according to the state of Florida?

Robbery is taking someone’s property with force or threat, or the intent of taking someone’s property or committing a crime.

What common defenses would a Good West Palm Beach Robbery Attorney use?

Yes, there are. But your best course of action is to contact our firm and discuss your options with a qualified criminal attorney. The court must prove that you did not have a right to the property, or that consent was not given to you by the owner of the property to use or take said property.

Are there different punishments for a conviction in Palm Beach County?

Yes, depending on whether you were in possession of a weapon, had intent to use that weapon, or did actually use that weapon, the punishment and degree of felony will change drastically.

Is it possible to get out of the charge?

Contact us to share your information and evidence, and we will point you in the right direction, a conviction isn’t impossible to fight, and we can help.

What is Robbery by Sudden Snatching: F.S. 812.131?

Florida law defines Robbery by Sudden Snatching as the “…taking of money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking.”

For convicting a person accused of this crime, the law does not require the State to show that the defendant used excessive force. Nor need the State prove that the victim tried to resist or was injured in the course of the robbery.

Robbery By Sudden Snatching, F.S. 812.131
Robbery By Sudden Snatching, F.S. 812.131

What are the penalties for robbery by sudden snatching?

  • As a third-degree felony, Robbery by Sudden Snatching is punishable by a range of penalties from a term of probation up to 5 years in state prison.
  • If the State alleges the defendant used a firearm in the robbery, the crime is a second-degree felony, punishable by up to 15 years in state prison.

What common defenses would an experienced West Palm Beach Robbery defense Attorney use for a robbery by sudden snatching charge?

In some cases, a defendant argues that he had a lawful claim on, and so was recovering, the object taken. But in every case, the State cannot introduce evidence that it obtained in violation of the Constitution. One of the critical responsibilities of a Robbery Attorney is to thoroughly research the facts and corresponding law to determine if, in fact, agents of the State broke the law themselves in collecting its evidence against the accused. This happens very often, and demonstrating these illegal acts is the lifeblood of the work of a criminal defense attorney.

When evidence is acquired by the State through violations of the Constitution, the defendant, through his lawyer, should ask the judge to exclude the evidence from the case. If the judge does so, the State concluding it can no longer win at trial, will commonly drop the case, or offer a highly desirable plea agreement in the hopes of resolving the case without going to trial.

What is Robbery Using a Deadly Weapon: F.S. 812.13?

According to Florida Statutes, Robbery is a crime that occurs by, “…taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

Robbery Using A Deadly Weapon, F.S. 812.13
Robbery Using A Deadly Weapon, F.S. 812.13

What are the penalties for Robbery Using a Deadly Weapon?

As a first-degree felony, Robbery Using a Deadly Weapon, punishable by up to 30 years in state prison. In addition, the Florida Legislature considers the crime so serious, the law imposes a mandatory minimum sentence of three years in prison.

What defenses what a skilled Robbery Attorney use to defend against a Robbery Using a Deadly Weapon charge?

One defense to robbery is claim of entitlement, that is to say, the property actually belonged to the accused. And the use of a deadly weapon may, depending on the circumstances, be lawful if the accused can show he needed the weapon to defend himself.

In addition, the law imposes a strict requirement on agents of the State to obtain its evidence lawfully, in compliance with the Constitution. If the State violated the Constitution, the defendant may be able to win the case by successfully moving the judge to exclude the tainted evidence from the State’s case. When that happens, the State, finding it can no longer expect to win at trial, often will drop the case entirely, or offer a plea agreement that the defendant will find desirable.

What should I know about Home-invasion Robbery: F.S. 812.135 before hiring a West Palm Beach Robbery Attorney?

Home-Invasion Robbery is a very serious criminal charge! Home invasion robbery is defined as illegal entry into a house, or other dwelling, with intent to commit a robbery and does in fact commit a robbery of the occupants. No matter how many people are robbed inside the dwelling, a single home-invasion robbery charge applies. That is different from robbery charges, where each person robbed can be charged separately.

Home-invasion robbery is a first-degree felony punishable by up to 30 years jail time, 30 years of probation, and thousands of dollars in fines. Like other felony offenses, the penalty for home-invasion robbery increases significantly if a firearm or other deadly weapon was used or is carried during the commission of the crime. If a firearm or other deadly weapon was used or was carried during the commission of the crime, then the crime is punishable by life in prison. A home-invasion robbery with firearm or other deadly weapon is a level 10 offense, the highest-level offense in Florida’s criminal punishment code. If a gun is used or carried during a home-invasion robbery the 10-20-life punishments apply.

In order to be convicted of home invasion robbery, the State must prove that the person charged entered the dwelling with the intent to commit a robbery and committed the robbery once inside. Usually, the State will rely on statements of victims, video evidence, and forensic evidence to prove the charge.

Just because you have been alleged in committing the crime, it doesn’t necessarily mean you will be found guilty.

Home-invasion Robbery – F.S. 812.135
Home-invasion Robbery – F.S. 812.135

What’s “Home Invasion Burglary”?

In the state of Florida, Home Invasion Burglary is a robbery that happens inside a home. It is different from a burglary charge because home-invasion robbery requires the taking of property by force or fear from the occupants of the dwelling, not just taking property from the dwelling itself.

What are the punishments for “home invasion robbery” in Palm Beach County?

A weaponless home-invasion robbery is a first-degree felony punishable by up to thirty years in prison. Per Florida’s Sentencing Code, the mandatory minimum sentence, if convicted of a weapon-less home invasion-robbery for a person with no prior convictions, is 34.5 months in prison. If a gun or other deadly weapon was used or carried, obviously the mandatory minimum amount of time in prison increases as well.

How can a West Palm Beach Home Invasion Attorney Help Me with a Home Invasion Robbery With A Firearm charge: F.S. 812.135?

Also known as home-invasion robbery, Robbery with a Firearm occurs when someone, “…enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein…”

Sometimes the State charges the defendant with Home Invasion Robbery “With a Weapon.” However, the elements, defenses, and penalties are effectively the same as those for Robbery with a Firearm.

Home Invasion Robbery With A Firearm, F.S. 812.135
Home Invasion Robbery With A Firearm, F.S. 812.135

What are the penalties for Home Invasion Robbery with a Firearm?

As a first-degree, life felony, Robbery with A Firearm is punishable by penalties ranging from a term of probation up to life in prison.

What common defenses are used by skilled Home Invasion Attorney for a Home Invasion Robbery with a Firearm charge?

A valid defense to this charge is “claim of right,” which means the defendant had a lawful claim on the property that was wrongfully in the possession of another. Perhaps the most important defense is demonstrating that the State obtained its evidence against the defendant in violation of the Constitution.

A good criminal lawyer develops this defense by careful and thorough research of the relevant facts and corresponding law. When the State obtains its evidence unlawfully, the defendant, through his lawyer, asks the judge to exclude the tainted evidence from the case as the remedy for punishing the State for its own unlawful conduct. When the judge grants this request, the State, finding it can no longer prevail at trial, often drops the case, or offers a highly desirable plea offer as means of resolving the controversy.

Related Cases

ROBBERY & MURDER

    • The Incident: During the robbery of a convenience store in Belle Glade an assailant shot and killed the store’s owner. The entire incident was captured on the store’s surveillance video.
    • The Evidence: The Incident was captured on the store’s video. The robber was arrested and confessed to his involvement in the robbery and homicide. The State presented extensive phone call and text messaging records exchanged between the client and the shooter, as well as video surveillance from the morning of the crime showing the client entered and exited the store just minutes before the shooting occurred.
    • The Accused: After the crime, my client was accused of going to the assailant’s house, and retaking possession of his gun to destroy it. The gun was never recovered. The assailant’s mother also testified that she saw the assailant give my client the gun.
    • The Charges: Accessory after the Fact to First Degree Murder. Initially, my client was charged with helping the assailant hide the gun after the murder. Yet in reality, the State, at trial, alleged that the client provided the gun to the assailant and planned the crime with the assailant.
    • My Counsel & Defense: I attacked the credibility of the State’s witnesses and questioned what the evidentiary value of the video, and phone/text records actually were relative to the charges against my client. The evidence simply did not establish that the client had any part in hiding or destroying that firearm, and therefore no part in assisting the shooter to cover up what he did.
  • The VERDICT: The jury returned a verdict of NOT GUILTY. When the State and Court refused to DISMISS the charge of being a Felon in Actual Possession of a Firearm, a Writ of Prohibition was filed with the Fourth District Court of Appeals. The Writ was granted, and the State was required to drop the Felon in Possession Charge.

related laws:
Felon In Possession Of A Firearm
Robbery
Murder

HOME INVASION & ROBBERY WITH A FIREARM

  • The Incident: Home invasion of local expecting parents. A perpetrator armed with a firearm forced his way into their home and demanded money. He waved the gun at the pregnant mother-to-be’s belly, threatening their unborn child, promising to shoot them unless they complied. After obtaining the money, the perpetrator ordered the man and woman into the bathroom and fled the scene.
  • The Accused: He was visibly shaken and for good reason! He qualified as a PRISON RELEASEE REOFFENDER and was facing mandatory life imprisonment if convicted. He knew what was at stake. He voluntarily surrendered after police identified him as the registered owner of the BMW SUV and broadcast his image on crime stoppers. He also freely admitted to being in the vicinity on the date and time in question. However, he denied involvement in the robbery. He told police that he had owned a vehicle matching the one the police were looking for, but claimed to have sold and shipped it to the new owner in the Bahamas.
  • The Charges: HOME INVASION ROBBERY WITH A FIREARM and being a FELON IN ACTUAL POSSESSION OF A FIREARM.
  • The Evidence: Video surveillance from the motel across the street captured a purple BMW SUV similar to one registered to my client fleeing the scene after the robbery. The man identified him as the perpetrator in a photo lineup, and later during the trial the man again identified my client as the perpetrator.
  • My Counsel & Defense: I calmed him, schooling him on how to present himself in court, and how to behave when being accused by the husband of the crime. I argued before a jury that he was little more than an easy target to blame for the crime. He had the unfortunate luck of visiting a guest at the motel across the street from the Incident at the time the home invasion occurred, and that he had no involvement in the home-invasion.
  • The VERDICT: Despite the evidence and the State’s best attempts otherwise, I managed to sway the jury’s opinion in our favor and my client was acquitted of the Home Invasion charges. Thereafter, the second count of being a FELON IN ACTUAL POSSESSION OF A FIREARM was dismissed. – NOT GUILTY

related laws:
Home Invasion Robbery With A Firearm
Felon In Possession Of A Firearm

If You Have Been Charged Call West Palm Beach Robbery Attorney Josh LeRoy Because Experience Wins. Can You Afford to Lose?

If you, or someone you know, find yourself in need of a Robbery Attorney in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.

-Joshua LeRoy, Esq.

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