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Jacksonville Armed Robbery Defense Attorney

Florida Armed Robbery Laws

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Armed robbery cases in Florida are not uncommon and the presence of skilled and experienced armed robbery defense attorneys in Jacksonville is of paramount importance. Charged with defending individuals accused of this serious crime, First Coast Criminal Defense plays a crucial role in safeguarding our clients' rights, challenging the prosecution's case, and striving for the pursuit of justice.

Our Jacksonville armed robbery lawyers possess a comprehensive understanding of Florida's criminal laws and the intricacies surrounding armed robbery charges. We stay up-to-date with recent legal precedents, statutes, and local court procedures to build a solid defense strategy for our clients.

If you or your loved one have been accused of armed robbery, reach out for a complimentary case review today by calling (904) 474-3115 or filling out an online form!

What is Robbery?

Robbery is a serious offense that involves taking someone's money or property through force, violence, assault, or threat of harm. In Florida, it is clearly defined by the Florida Statute Section 812.13.

For the State to prove a robbery charge, four elements must be fulfilled:

  1. The perpetrator took money or property from either the victim's possession or control.
  2. Force, violence, assault, or fear was used by the perpetrator during the taking.
  3. The property that was taken had some value.
  4. The perpetrator intended to deprive the victim of their right to the property permanently or temporarily or wanted to use the property for their purposes or someone else's.

Understanding what robbery involves and its legal implications is crucial. If you are facing a robbery charge, seeking professional legal advice can help you protect your rights and defend yourself in court.

What is Armed Robbery?

Armed robbery is the act of stealing from someone while carrying a firearm or any other weapon. The use of a weapon during a robbery, converts it into an armed robbery.

  • A “weapon” can be any object that is capable of causing serious bodily harm or even death.
  • A “deadly weapon” refers to a weapon that is used or threatened to be used in a situation that is more likely to result in death or serious bodily injury.

Here are some common types of weapons used in armed robberies in the state:

  • Firearms: Guns are among the most commonly used weapons in armed robberies. This includes handguns, rifles, shotguns, and even automatic weapons. Firearms are particularly intimidating and are often used to threaten or inflict harm on victims during a robbery.
  • Knives and Blades: Knives, machetes, and other bladed weapons are also frequently used in armed robberies. They are relatively easy to conceal and can be used to intimidate victims into compliance or to inflict harm if necessary.
  • Blunt Objects: Objects such as baseball bats, clubs, crowbars, or even hammers can be used as weapons in armed robberies. These items can cause significant physical harm and are often used to intimidate victims or to damage property.
  • Replica Firearms: Sometimes, individuals use replica firearms or imitation weapons to carry out armed robberies. While these weapons may not be capable of firing live ammunition, they can still instill fear in victims and may lead to criminal charges similar to those involving real firearms.
  • Improvised Weapons: In some cases, robbers may use improvised weapons such as bottles, rocks, or any other object that can be used to threaten or harm victims. These weapons may not be as deadly as firearms or knives but can still be used to commit robbery.
  • Chemical Weapons: Occasionally, perpetrators may use chemical substances such as pepper spray or tear gas to incapacitate victims during a robbery. While not as common as firearms or knives, these weapons can still pose a significant threat to victims' safety.

Armed Robbery Sentence Florida

  • Armed robbery with a firearm (actual possession)
    • 10 year minimum mandatory sentence
    • Up to life in prison
  • Armed robbery with a firearm (no actual possession)
    • Up to life in prison
  • Armed robbery with a deadly weapon
    • 1st degree felony
    • Fines: $10,000
    • Life imprisonment
  • Armed robbery with a weapon
    • 1st degree felony
    • Fines: $10,000
    • Up to 30 years
  • Robbery without a weapon (strong arm)
    • 2nd degree felony
    • Fines: $10,000
    • Up to 15 years in prison

What Is the Minimum Sentence for Armed Robbery in Florida?

Florida has strict laws regarding the use of firearms during a crime. Offenders who carry and use a firearm may face a mandatory minimum sentence that depends on the severity of their actions.

  • If a firearm is carried during the crime but not discharged, the sentence is a minimum of 10 years imprisonment.
  • If the firearm is discharged during the robbery, the sentence is 20 years minimum.
  • If someone is injured or killed by the firearm, the sentence becomes a minimum of 25 years.

Common Legal Defenses Against Armed Robbery Charges

Legal defenses against armed robbery typically center around challenging the elements of the crime or establishing mitigating circumstances. Here are some common defenses:

  • Lack of Intent: The defense may argue that the accused did not have the intent to commit robbery. For instance, if the defendant can prove that they were coerced or threatened into participating in the robbery against their will, they may be able to establish a lack of intent.
  • Alibi: The accused may present evidence showing that they were somewhere else at the time the robbery took place, thus making it impossible for them to have committed the crime.
  • Mistaken Identity: This defense asserts that the accused has been misidentified as the perpetrator of the robbery. This could occur due to poor lighting, obscured visibility, or the similarity in appearance between the accused and the actual perpetrator.
  • Duress or Coercion: The defendant may argue that they were forced to participate in the robbery under threat of harm to themselves or their loved ones. If the defendant can prove that they reasonably feared for their safety or the safety of others, this defense may be successful.
  • Entrapment: If law enforcement officials induced or coerced the defendant into committing the robbery, the defense of entrapment may apply. Entrapment occurs when the government's actions would cause a normally law-abiding person to commit a crime they wouldn't have otherwise committed.
  • Insanity or Diminished Capacity: The defense may argue that the accused was not in the right state of mind at the time of the robbery due to mental illness, intoxication, or other factors┬áthat prevented them from understanding the nature or consequences of their actions.
  • Consent: In rare cases, the defendant may claim that the victim consented to the taking of their property. However, this defense is rarely successful in cases of armed robbery unless there is clear evidence of prior arrangement or agreement between the parties.
  • Self-Defense or Defense of Others: If the defendant used force or threatened force during the robbery to protect themselves or others from imminent harm, they may assert self-defense or defense of others as a legal defense.

Building a Strong Defense Strategy

One of the primary responsibilities we have as Jacksonville armed robbery defense attorneys is to develop a strong defense strategy tailored to the specific circumstances of their client's case. Our team will meticulously analyze the evidence, interview witnesses, and consult with experts, such as forensic specialists or private investigators, to gather all necessary information. Then we will construct a strategic defense plan to challenge the prosecution's evidence, highlight any inconsistencies or gaps, and present a compelling case in favor of our clients' innocence or reduced charges.

Contact our Jacksonville armed robbery attorneys today for a complimentary case review. Call us at (904) 474-3115 or fill out an online form.

"I have had the pleasure of working with First Coast Criminal Defense, and it was a wonderful experience, I would highly recommend this Firm. They are totally responsive and will walk you through each phase step by step!"

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