How to Beat Robbery Charges – Advice from Clearwater Attorneys
Being charged with robbery can be scary. The penalties are harsh, including years in prison. But with an experienced criminal defense attorney on your side, you may be able to get the charges reduced or even dismissed.
As Clearwater attorneys with decades of combined experience representing clients accused of theft crimes like robbery, we’ve helped many people avoid conviction. Here’s our advice on how to beat a robbery charge.
What Constitutes Robbery Under Florida Law
In Florida, robbery is defined as intentionally taking money or property from someone using force, violence, assault, or putting the victim in fear. The key elements are:
- Taking money or property from a person or custody of another
- Using force, violence, assault, or putting the victim in fear
- Doing so intentionally
For example, snatching a purse or demanding money from a store clerk while brandishing a weapon are considered robbery. The force or threat of force is what elevates theft to a robbery charge.
Robbery Penalties In Florida
Robbery is punished more harshly than petty theft in Florida. Exact penalties depend on circumstances, but can include:
- Up to 15 years in prison
- Up to 30 years if you carried a weapon during the robbery
- Life in prison if you carried a firearm or destructive device
- Enhanced penalties if you have prior theft convictions
- Fines up to $10,000
With so much at stake, putting up a strong defense is critical. An experienced lawyer can often get charges dismissed or reduced to a less serious offense.
Fighting Robbery Charges By Attacking the Evidence
A skilled criminal defense attorney will carefully examine the prosecution’s evidence for any weakness that creates reasonable doubt. Strategies include:
- Question eyewitness testimony – Witness memories and identification can be unreliable. We’ll highlight flaws and inconsistencies.
- Suppress illegally obtained evidence – If police violated your rights gathering evidence, we can get it thrown out.
- Challenge DNA or forensic evidence – Crime lab testing errors happen, we thoroughly investigate any physical evidence.
By undermining the evidence, we may be able to get charges dismissed before trial. If not, we’ll be well prepared to pick the evidence apart at trial and create doubt in jurors’ minds.
Using Affirmative Defenses to Avoid Conviction
Florida law allows several affirmative defenses that could justify or excuse the alleged criminal behavior. If we can prove one of these defenses to the jury, they should find you not guilty.
Possible robbery defenses include:
- Duress – You only committed the crime due to an immediate threat of death or serious injury against you or a loved one.
- Necessity – You only robbed out of necessity to prevent imminent harm.
- Self-defense – Using reasonable force to protect yourself from an unprovoked attack.
- Intoxication – You were too impaired to form criminal intent necessary for robbery.
- Mistake of fact – You had a reasonable but mistaken belief the property was yours or that the owner consented.
- Misidentification – You didn’t actually commit the robbery, it was someone else.
An experienced attorney will know which defenses could apply in your case. Raising doubt about criminal intent is often the key to beating a robbery charge.
Getting Charges Dismissed Through Diversion Programs
First-time offenders may qualify for pretrial diversion programs like drug court that could lead to avoiding conviction altogether. Typically, you plead guilty or no contest to participate, then charges are dismissed if you successfully complete all requirements.
Diversion programs last 6-24 months and require:
- Drug, alcohol, or mental health treatment
- Community service
- Restitution to victims
- Strict supervision
- No new arrests
Graduating from one of these programs leaves you without a conviction on your record. Prosecutors may offer diversion on a first robbery arrest to avoid the time and expense of trial.
Getting Charges Reduced to a Lesser Offense
Even if the evidence clearly shows you committed a theft crime, we may be able to negotiate with the prosecutor to reduce charges to a less serious offense. Potential options include:
- Petty theft – No violence/weapons involved
- Assault – No actual taking of property
- Attempted robbery – The crime was never completed
Lesser charges mean lighter sentences and lower fines. In many cases, reducing a robbery to a misdemeanor theft results in probation or house arrest instead of years in state prison.
Why An Experienced Criminal Defense Lawyer Matters
Trying to navigate Florida’s complex criminal justice system alone against an experienced prosecutor is daunting. Having a knowledgeable attorney fighting for your freedom makes all the difference.
As former prosecutors, we understand how the state builds these cases and where to attack. Our decades of experience have led to many dismissed cases and favorable outcomes for clients facing robbery allegations.
Don’t take chances with your future. Schedule a free case evaluation today to discuss your best defense with our skilled Clearwater robbery attorneys.
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