Armed vs. Unarmed Robbery: Legal Distinctions and Penalties
Robbery is the felonious act of taking money or property by force, threat of force, or intimidation. If you are facing robbery charges in Florida, it is vital to understand the differences between the armed and unarmed versions of the crime. This distinction will significantly affect how you manage your legal defense, as well as the potential consequences of a conviction.
Distinguishing Between Armed and Unarmed Robbery
Under Florida law, both armed and unarmed robbery are felony crimes. As you might know, the primary distinguishing feature between armed and unarmed robbery is the involvement of a weapon. However, it is crucial to recognize that the weapon does not need to be a firearm. The use of any weapon, whether deadly or not, can be sufficient grounds for prosecutors to bring armed robbery charges.
Even though unarmed robbery does not involve weapons, it is still a serious charge. This is because unarmed robbery still involves force or the threat of force. In either case, working with an experienced Orlando criminal defense attorney is essential to avoid the most severe consequences of a conviction.
Penalties for Armed Robbery in Florida
Florida law classifies armed robbery as a felony in the first degree. If convicted, the penalties include:
- Up to life in prison
- A mandatory minimum 10-year prison sentence if a firearm was displayed during the crime
- A mandatory minimum 20-year prison sentence if a firearm was discharged during the crime
- A mandatory minimum 25-year prison sentence if the firearm injured or killed someone after being discharged
- Fines of up to $10,000
- Civil liability for damages to victims
Penalties for Unarmed Robbery
Florida law classifies unarmed robbery as a second-degree felony. If convicted, the penalties include:
- Up to 15 years in prison
- Up to 30 years in prison for carjacking without a weapon
- Fines up to $10,000
- Civil liability for damages to victims
Additionally, a conviction may lead to house arrest, probation, and the loss of the rights to bear arms and vote. While the penalties might not be as severe as for armed robbery, unarmed robbery is still a grave offense with significant consequences.
Mitigating Factors and Defenses
The seasoned criminal defense team at AllStarr Legal has experience using the following defense strategies to protect the rights and liberties of those charged with armed or unarmed robbery:
- Did not harm victim – If no physical harm was inflicted on the victim during the robbery, this could be presented as a mitigating circumstance deserving of a reduced punishment.
- Acted under duress or threat – If the defendant can show they committed the robbery while under imminent threat of harm to themselves or loved ones, this coercion could provide a potential duress defense.
- Mental defect or intoxication defenses – Arguing the defendant lacked the required mental capacity or was severely intoxicated could cast doubt on their ability to form criminal intent.
- Mistaken identity – Challenging eyewitness accounts and other identification evidence can create reasonable doubt if the wrong person was accused.
- Alibi defense – Providing a credible alibi with corroborating evidence that the defendant was elsewhere when the crime occurred can be grounds for dismissal.
A skilled attorney will carefully examine all circumstances to determine if any mitigating factors apply or holes exist in the prosecution’s case. They can use this information to build the most vigorous defense strategy possible for the client’s situation.
Contact AllStarr Legal, P.A. for a Confidential Consultation
If you are facing charges of armed or unarmed robbery in Orlando or the surrounding areas, it is crucial to recognize how much is at stake. Working with an experienced Florida robbery defense attorney can help you pursue the most favorable outcome in your case.
The skilled and knowledgeable criminal defense lawyer at AllStarr Legal has significant experience standing up for the rights of individuals facing criminal charges. Contact us today for a confidential consultation, and let us work tirelessly to protect your freedom and your future.
