Clearwater Defense Attorneys Describe Strategies for Beating Robbery Charges
Being charged with robbery in Clearwater, Florida can be a terrifying experience. Robbery charges carry steep penalties, including years in prison. But an experienced Clearwater defense attorney can help you fight the charges and preserve your freedom.
In this article, Clearwater defense attorneys share strategies for beating robbery charges in Clearwater and Pinellas County. We’ll discuss common robbery defenses, ways to challenge evidence, negotiating with prosecutors, and more.
Understanding Robbery Charges in Florida
Under Florida law, robbery involves taking money or property from another person by force, violence, assault, or putting the victim in fear. Robbery charges can include:
- Robbery by sudden snatching
- Robbery with a weapon
- Home invasion robbery
- Carjacking
Robbery is a second-degree felony in Florida, punishable by up to 15 years in prison. Robbery with a firearm or deadly weapon becomes a first-degree felony with up to 30 years behind bars. Home invasion robbery and carjacking are also first-degree felonies.[1]
With such severe penalties, defending against robbery charges is critical. An experienced attorney can often get charges reduced or dismissed.
Common Robbery Defenses
Skilled Clearwater defense attorneys use a variety of strategies to fight robbery accusations, including:
Misidentification
Eyewitness misidentification is a leading cause of wrongful convictions. If the victim or witnesses incorrectly identified you, an attorney can challenge the identification. Police lineups may be biased or suggestive.
False accusations
People sometimes falsely accuse others of crimes out of anger, jealousy, or mental illness. An attorney can investigate the accuser’s background and motive.
Self-defense
If you tried taking property to protect yourself from harm, self-defense may justify your actions. Self-defense also applies if you used reasonable force to resist a robbery attempt.
Voluntary intoxication
You can’t be convicted of robbery if you were too intoxicated to form criminal intent. A lawyer can argue you were too impaired to knowingly commit robbery.
Duress
If you committed robbery under threat of serious bodily harm, a duress defense may apply. An attorney can argue you lacked criminal intent because you feared for your safety.
Lack of criminal intent
The prosecution must prove you intended to steal property or put the victim in fear. But if intent is lacking, a lawyer can fight the charges.
Challenging Robbery Evidence
In addition to raising defenses, Clearwater defense lawyers attack the prosecution’s evidence. Strategies include:
Suppressing eyewitness identifications
If police used suggestive lineups or identification procedures, a lawyer can file a motion to suppress eyewitness evidence. Suppressed evidence can’t be used against you.
Excluding coerced confessions
If police coerced you into confessing, a lawyer can challenge the confession’s admissibility. Involuntary confessions violate your rights and may be excluded.
Questioning forensic evidence
Forensic evidence like fingerprints or DNA may be contaminated or unreliable. An attorney can scrutinize the evidence collection procedures.
Contesting surveillance footage
Security camera footage can sometimes misrepresent events or fail to show the full context. A lawyer can prevent misleading footage from biasing the jury.
Negotiating with Prosecutors
Rather than risk trial, many robbery cases end through plea bargaining. Prosecutors often agree to reduce charges in exchange for a guilty plea.
An experienced attorney can negotiate skillfully with prosecutors to help you avoid harsh penalties. Possible outcomes include:
- Getting robbery charges dropped or reduced to theft
- Avoiding weapon or habitual offender enhancements
- Securing a shorter prison sentence
- Gaining eligibility for parole or probation
Even if the evidence is strong, skilled attorneys find ways to negotiate satisfactory outcomes in over 90% of cases.[2]
Fighting Robbery Charges at Trial
When plea deals aren’t satisfactory, a trial may be necessary. An experienced trial lawyer can advocate for your innocence before a judge and jury.
In a robbery trial, defense attorneys try to create reasonable doubt by:
- Cross-examining witnesses and discrediting their testimony
- Presenting expert witnesses to rebut forensic evidence
- Introducing evidence that supports your defenses
- Persuasively arguing weaknesses in the prosecution’s case
Juries rarely convict when reasonable doubt exists. Your attorney’s skillful advocacy can win dismissal of charges or acquittal at trial.
Recent Robbery Case Results
Clearwater defense attorneys have a proven record of success in robbery cases. Recent examples include:
Prescription pill robbery charges dropped
Three men were accused of shooting a man while robbing his prescription Oxycodone. Attorneys challenged the identification and testimony of witnesses. Prosecutors dismissed all charges.[3]
Armed robbery sentence reduced
A man faced over 20 years for robbing a gas station while armed with a knife. His attorney negotiated the armed robbery charge down to theft with a 5 year cap on his sentence.
Carjacking charges beaten at trial
A teenager was charged with armed carjacking after allegedly threatening a driver with a gun. His attorney argued mistaken identity and highlighted flaws in the victim’s testimony. He was acquitted on all counts.
Work with a Seasoned Clearwater Defense Lawyer
Facing robbery accusations in Clearwater can be daunting. But an experienced defense attorney can help you fight the charges and preserve your future.
To discuss your case in a free consultation, contact a dedicated Clearwater robbery defense lawyer today.
With an in-depth understanding of Florida robbery laws and a proven record of success, we have the skills to challenge the prosecution’s evidence, raise effective defenses, negotiate reduced penalties, and win dismissals at trial. Don’t leave your fate to chance – let us fight for the best possible outcome in your case.
Call now to learn how our aggressive advocacy can help you defeat your robbery charges.
References
[1] https://criminaldefenseattorneytampa.com/theft-crimes/robbery/[2] https://www.tampabaydefenselawyer.com/clearwater-robbery-lawyer/
[3] https://www.tampabaycriminaldefenselawyerblog.com/clearwater-botched-oxycodone-r/