Lakeland Robbery Defense Lawyer | Criminal Defense Attorney

Experienced Lakeland Criminal Defense Lawyer, Lee A. Cohen, offers legal services for alleged Robbery Crimes in Lakeland, Polk County, and Central FL.

Call Attorney, Lee A. Cohen 863.646.7636

Robbery in the state of Florida is a very serious offense. Robbery involves not only the allegation that something was taken from another person or business, but that force was alleged to have been used as an element of the alleged crime.

Prosecutors take these cases very seriously and aggressively prosecute robbery cases, as they are considered violent criminal offenses. If charged with a robbery crime you want to ensure that you have a lawyer that can ensure your case is thoroughly investigated to determine if the element of force can be taken out of the equation.

If the element of force is successfully removed from the equation, you may only need to defend yourself in a theft case, instead of a violent crime such as robbery. Having the alleged crime reduced from robbery to theft may make a substantial difference in whether jail or prison time remains on the table if a conviction is obtained.

The degree of Robbery Crime an individual may be charged with in the State of Florida include:

• Robbery in the First Degree: 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.
  
  
• Robbery in the Second Degree: If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation.
  
  
• Robbery by sudden snatching: is 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. If, in the course of committing a robbery by sudden snatching, the offender carried a firearm or other deadly weapon, the robbery by sudden snatching is a felony of the second degree, punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation. If, in the course of committing a robbery by sudden snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.
  
  
• Home-Invasion Robbery: is any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein. If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment.
  
  
• Carjacking: (a form of robbery) occurs when an individual takes a motor vehicle 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 motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear. If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by up to imprisonment for a term of years not exceeding life imprisonment. If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable by up to $15,000 fine, thirty (30) years prison and/or probation.

When an individual is charged with a Robbery Crime, or any other criminal offense, it is important to be well informed regarding the charges against you, your legal rights, options which may be available to you, viable defense strategies, and if the case goes to trial, aggressive defense of your legal rights and freedoms.

Protect your rights by seeking the legal advice and representation of an experienced Robbery Criminal Defense Lawyer.

Contact Lee A. Cohen at 863.646.7636 for your Robbery Criminal Defense legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation. 

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I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.

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What is the difference between robbery, theft, and burglary in Florida?

The crimes of theft, robbery, and burglary are often confused, but they have different definitions and penalties under Florida law. Theft is the unauthorized taking or use of someone else's property, without the intent to return it. Robbery is the taking of property or money from another person by using force, violence, assault, or fear. Burglary is the unlawful entry or occupation of another person's premises with the intent to commit a crime inside. Theft can be charged as a misdemeanor or a felony, depending on the value of the property taken. Robbery is always a felony, and can be enhanced if a weapon was used. Burglary is also a felony, and can vary in degree depending on the type of premises, the presence of people inside, and the nature of the crime intended.

What are the different degrees of Robbery Crimes in the State of Florida?

Robbery can be classified into different degrees depending on the circumstances and the severity of the offense. According to Chapter 812 Section 13 of the 2010 Florida Statutes, robbery can be either first degree, second degree, or third degree. **First degree robbery** is the most serious and occurs when the offender carries a deadly weapon, causes serious bodily injury to the victim, or uses a car as an instrumentality to commit the robbery. **Second degree robbery** occurs when the offender does not carry a deadly weapon, but implies that they have one or threatens to use force or violence. **Third degree robbery** occurs when the offender does not carry or imply a weapon and does not cause serious bodily injury to the victim.

What are the elements of robbery in the State of Florida?

According to Florida Statute 812.13, robbery can be committed in different ways, such as robbery by sudden snatching, carjacking, or home-invasion robbery. Each type of robbery has the same basic elements, but also requires specific circumstances for the offense. For example, carjacking is robbery with an intent to take a motor vehicle from the owner or person in control of the vehicle. The property taken must have some value, and the offender must intend to deprive the person or owner of the property permanently or temporarily. Robbery is a felony offense that can result in severe penalties, such as imprisonment, fines, and restitution.

What is the statute of limitations for robbery in Florida?

The statute of limitations for robbery in Florida is generally four years from the date of the crime, unless the robbery involved a firearm or deadly weapon, in which case there is no time limit for prosecution. The statute of limitations can also be extended by three years if the defendant leaves the state.

Are plea deals a possibility relating to robbery criminal charges in Florida?

Plea deals may be a possibility relating to robbery criminal charges in Florida, depending on the circumstances of the case and the evidence available. Plea deals are agreements between the prosecution and the defense, where the defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for a benefit to the prosecution. Plea deals can cover various aspects, such as reducing the charges from a felony to a misdemeanor, re-defining the charges, agreeing on the amount of jail time, fines, and other penalties, dismissing some charges, or ordering probation instead of jail time. However, plea deals are not guaranteed and are subject to approval by the judge. Therefore, anyone facing robbery charges in Florida should consult with an experienced criminal defense attorney before accepting or rejecting a plea deal.

Can you fight the firearm or deadly weapon aspect of an armed robbery criminal charge in Florida?

If you are accused of armed robbery in Florida, you may be able to challenge the firearm or deadly weapon element of the charge. This element requires the prosecution to prove that you possessed or used a firearm or other weapon that could cause death or great bodily harm during the robbery. You could argue that the weapon was not a firearm or deadly weapon, that you did not actually possess or use it, or that you did not intend to use it as a weapon. However, these defenses are not easy to establish and may depend on the specific facts and circumstances of your case. Therefore, it is advisable to consult with an experienced criminal defense attorney who can help you fight the armed robbery charge and protect your rights.

Is it possible to appeal a robbery conviction in Florida?

The possibility of appealing a robbery conviction in Florida depends on the circumstances of the case. According to the Fourth District Court of Appeal, a person who is convicted of a crime in circuit court can file a direct appeal of the conviction and sentence to the District Court of Appeal. However, if the defendant has entered a guilty or no contest plea to the charges, the grounds for an appeal are very narrow and limited to certain legal issues. Additionally, the defendant may seek post-conviction relief or habeas corpus relief in state or federal courts if there is evidence of ineffective assistance of counsel, prosecutorial misconduct, judicial error, or due process violations that affected the outcome of the trial.

What are common defense strategies to a robbery criminal charge in Florida?

If you are facing a robbery criminal charge in Florida, you may have some defense strategies available to challenge the prosecution's case. Robbery is the taking of property from another person by using force or threat, with the intent to deprive the owner of that property. To defend against this charge, you could argue that you did not use or threaten any force, or that you did not have the intent to steal. You could also claim that you had a right to the property you took, either because it belonged to you or because it was owed to you by the victim. However, this claim must be honest and not a mere pretense. Another possible defense is that you were falsely accused, misidentified, or had an alibi that proves you were not present at the scene of the crime. Finally, you could assert that the evidence against you is insufficient or unreliable, and that it does not prove your guilt beyond a reasonable doubt.

Why is it important to hire an experienced criminal law attorney when facing robbery charges in the State of Florida?

Robbery is a serious offense in Florida that can result in harsh penalties, such as prison time, fines, and a permanent criminal record. Therefore, it is crucial to hire an experienced criminal law attorney who can defend your rights and interests in court. An attorney can help you challenge the evidence against you, negotiate a plea deal, or seek a dismissal or reduction of the charges. An attorney can also advise you on the best course of action for your specific case and circumstances. Hiring an experienced criminal law attorney may make a significant difference in the outcome of your robbery case.

Contact Lakeland Criminal Defense Lawyer, Lee A. Cohen today at 863.646.7636

5430 Strickland Avenue, Lakeland, FL 33812

Phone: 863.646.7636 • Fax: 863.648.0983

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