Robbery and Armed Robbery are extremely serious criminal charges that occur each and every day in and around South Florida. People are robbed at gun point on the street, in their cars and in their homes. Home invasions and carjackings have increased over the past 20 years. There was a time when home invasion crimes were linked to drug dealers, however that is not the case anymore. Home invasions occur in both the best of neighborhoods and the toughest.
Businesses around South Florida and across the country are robbed daily. Banks robberies have been on the rise since the down turn of the economy. Convenience stores, restaurants and clothing stores are hot commodities for robbers as well. These horrific crimes are played out on local news stations, featured on the cover pages of local newspapers and are all over the internet. The Criminal Defense Attorneys at the South Florida Law Firm of Berman & Tsombanakis, L.L.C., have experience in handling robbery, armed robbery and other related criminal charges.
ROBBERY IS DEFINED BY FLORIDA STATUTE 812.13 AS FOLLOWS :
(1) the taking of money or other property which may be the subject of larceny from the person or custody of another, with the intent to either permanently or temporarily deprive the person or the owner of the money or the property, when in the course of taking there is the use of force, violence, assault, or putting in fear.
(2) (a) 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 or as provided in s. 775.082, s. 775.083 or s. 775.084.
(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) 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 as provided in s. 775.082 , s.775.083 , or s. 775.084 .
(3) (a) An act shall be deemed “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.
(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
ARMED ROBBERY AND 10-20-LIFE
If the 10-20-Life Enhancer is charged, then anyone that is convicted or pleas to an armed robbery charge then they may face a minimum of 10 years in prison, even if they have no prior convictions. The 10-20-Life law states that a defendant will receive a minimum of 10 years if they have a gun during the commission of a crime. If someone is seriously injured during the commission of the crime, they will face 25 years with a minimum mandatory sentence up to life in prison.
ROBBERY AND THE STAND YOUR GROUND LAW
According to Florida law, individuals have a right to “Stand Your Ground”, as it relates to home invasions, carjackings, and sudden snatchings (robbery of a person/purse snatchings). There are proponents and opponents of this law. The Stand Your Ground Law in part states that a person has a right to defend themselves and stand their ground if they had a reasonable fear of the imminent peril of death or great bodily harm and that person was attempting to unlawfully enter the other persons dwelling, residence, and occupied vehicle….and the person using the defensive force knew or had reason to believe that an unlawful entry was occurring or about to occur.
If you or a family member have been arrested for Robbery, Armed Robbery or any crime anywhere in Broward County, Miami-Dade County, or Palm Beach County, please email or call one of the lawyers at the Criminal Defense Law Firm of Berman & Tsombanakis LLC. at (954) 764-6099 or (954) 728-8885. We will be happy to discuss your case with you at length and chart the best course of action and put forth the best and most aggressive legal defense.