Armed Robbery of a Store Criminal Charges in Florida
Florida has seen a significant decrease in robbery rates over the past decades, in line with national trends. According to the Florida Department of Law Enforcement's (FDLE) Uniform Crime Reports, there were 18,123 robbery offenses reported in Florida in 2010, which decreased to 14,623 in 2015, and further reduced to 10,454 in 2019.
It's important to note that these numbers include all types of robbery, not just armed robbery. The statistics also don't differentiate between robberies of individuals and businesses. The FDLE doesn't typically provide a breakdown of robbery offenses by the type of weapon used.
For the most recent and detailed statistics, you would need to consult the FDLE's latest Uniform Crime Reports or the FBI's Uniform Crime Reporting (UCR) Program, which collects and publishes crime statistics from law enforcement agencies across the country.
Please remember that crime rates can vary significantly from year to year and from place to place, so it's important to consider the context when interpreting these numbers. While overall trends can be useful for understanding the broader picture, they may not accurately reflect the situation in specific communities or demographic groups.
According to the Florida Department of Law Enforcement's Uniform Crime Report for 2020, the cities with the highest number of reported robbery arrests in Florida were Miami, Jacksonville, Orlando, Tampa, and St. Petersburg. It's important to note that the number of reported arrests may not necessarily reflect the actual number of incidents that occurred, as some robberies may go unreported or unsolved.
Armed robbery is a serious offense in the state of Florida. Under the Florida Statutes, robbery is defined as the intentional and unlawful taking of money or other property from a person or their immediate possession, by use of force, violence, assault, or threat. When a weapon is used in the act, the crime escalates to armed robbery, a first-degree felony.
The Types of Armed Robbery
Armed robbery is a serious criminal offense that involves the use of a weapon, such as a firearm or a knife, to threaten or intimidate victims into surrendering their property or money. Here are some of the types of armed robbery that are commonly recognized:
- Bank Robbery: This involves the use of force or threat of force to steal money or valuables from a bank.
- Home Invasion Robbery: This occurs when robbers break into a private residence with the intention of stealing valuables, money or other items while threatening the occupants with a weapon.
- Carjacking: This involves the use of force or threat of force to steal a vehicle from its driver, often at gunpoint.
- Commercial Robbery: This involves the use of force or threat of force to steal money or goods from a business, such as a convenience store, gas station, or jewelry store.
- Street Robbery: This occurs when robbers approach individuals on the street and use force or the threat of force to steal their possessions or money.
It's important to note that armed robbery is a serious crime that can result in severe legal consequences, including imprisonment, fines, and a permanent criminal record.
Florida’s Armed Robbery Laws
Florida's armed robbery offenses are primarily governed by two statutes: Florida Statutes Section 812.13 (Robbery) and Section 775.087 (Reclassification of certain offenses committed with a firearm or other weapon).
Florida Statute 812.13(2)(a) states: "If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment."
Florida Statute 775.087, often referred to as the “10-20-Life” law, provides for mandatory minimum sentences for certain crimes, including armed robbery, committed with a firearm or destructive device.
Examples of Armed Robberies
Armed robbery can occur in various circumstances. For instance, an individual who enters a convenience store, brandishes a firearm, and demands money from the cash register would be committing armed robbery. Similarly, if an individual threatens a store clerk with a knife and forcibly takes merchandise, that too constitutes armed robbery.
Elements of a Criminal Case
To secure a conviction for armed robbery, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant intentionally took money or property from the victim.
- The property was in the victim's person or immediate possession.
- The taking was by use of force, violence, assault, or putting in fear.
- The defendant carried a firearm or other deadly weapon during the act.
Potential Legal Defenses to Armed Robbery of a Store
There are several defenses that can be raised against an armed robbery charge. These include:
- Lack of Intent: The defendant did not intend to steal from the victim.
- Misidentification: The defendant was not the person who committed the crime.
- Lack of Evidence: There is insufficient evidence to prove the defendant committed the crime beyond a reasonable doubt.
- Duress: The defendant was forced or threatened into committing the crime.
- Possession of a Weapon: The defendant did not have a weapon during the commission of the alleged robbery.
Stages of an Armed Robbery Criminal Case
- Arrest and Charge: Following an investigation, if the police believe they have enough evidence, they will arrest the suspect and file charges.
- First Appearance: The defendant will be brought before a judge within 24 hours of the arrest to be informed of the charges and determine if there's probable cause for the arrest.
- Arraignment: The defendant is formally charged and enters a plea of guilty, not guilty, or no contest.
- Discovery and Depositions: Both sides exchange evidence and take depositions from witnesses.
- Pre-Trial Motions: Motions can be filed to dismiss charges, suppress evidence, or determine legal issues before trial.
- Trial: If the case isn’t resolved, it proceeds to trial where the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
- Sentencing: If the defendant is found guilty, the judge will impose a sentence based on Florida's sentencing guidelines.
What are the Potential Penalties of Each Offense in the State of Florida?
The penalties for armed robbery and other related offenses in the State of Florida can vary depending on the circumstances of the crime and the defendant's criminal history. Here is an overview of the potential penalties for each offense:
- Armed Robbery: This offense is a felony of the first degree, punishable by up to life imprisonment or a term of years, and fines of up to $10,000.
- Bank Robbery: This offense is also a felony of the first degree, punishable by up to life imprisonment or a term of years, and fines of up to $10,000.
- Home Invasion Robbery: This offense is a felony of the first degree, punishable by up to life imprisonment or a term of years, and fines of up to $10,000.
- Carjacking: This offense is a felony of the first degree, punishable by up to life imprisonment or a term of years, and fines of up to $10,000.
- Commercial Robbery: This offense is a felony of the second degree, punishable by up to 15 years in prison, and fines of up to $10,000.
- Street Robbery: This offense is a felony of the second degree, punishable by up to 15 years in prison, and fines of up to $10,000.
It's important to note that the above penalties are for the maximum sentence and the judge will consider various factors when sentencing, including the defendant's criminal history, the severity of the crime, and any mitigating or aggravating circumstances.
Why the Accused Needs an Experience Florida Criminal Defense Lawyer
Given the serious nature of armed robbery charges and the severity of the penalties, it is crucial to have an experienced criminal defense attorney. A skilled attorney can evaluate the case, identify possible defenses, negotiate with the prosecution, and represent the defendant at trial if necessary.
A competent defense attorney can scrutinize the evidence, the methods by which it was obtained, and the credibility of witnesses. They can challenge the prosecution's case by filing pre-trial motions to suppress evidence improperly obtained or to dismiss charges if there is insufficient evidence. During trial, they can cross-examine the prosecution's witnesses and present evidence and witnesses in the defendant's favor.
Additionally, an attorney can guide the defendant through the complexities of the criminal justice system, explaining every step of the process, and the potential consequences of different decisions. They can help the defendant understand the charges, the possible defenses, the likelihood of a plea bargain, and the potential outcomes of a trial.
If the defendant is convicted, an attorney can argue for a more lenient sentence, highlighting mitigating factors and disputing aggravating factors that the prosecution may present.
In conclusion, armed robbery is a serious crime in Florida with severe penalties. Anyone accused of this offense should immediately seek legal representation. A skilled criminal defense attorney can protect the defendant's rights, challenge the prosecution's case, and work towards the best possible outcome.
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References:
- Florida Statute 812.13 - Robbery
- Florida Statute 775.087 - Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence