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How Do Robbery and Burglary Offenses in Florida Differ?
The legal distinctions between robbery and burglary are significant in Florida, as each charge involves different elements and carries varying penalties. However, both are considered serious violent offenses, and a conviction can result in life-altering consequences, including lengthy prison sentences. Understanding the differences between burglary and robbery charges and comprehending the state’s legal framework for prosecuting and punishing these offenses is vital if you have been accused of either crime. An experienced Lakeland felony defense attorney can evaluate your case, explain your rights, and help you explore your legal options to avoid or mitigate the potential effects of these significant accusations.
What is Robbery?
Robbery, as defined under Florida Statute § 812.13, involves the taking of money or property from another person through the use of violence, force, assault, or intimidation. The key elements of robbery include the intent to permanently or temporarily deprive the victim of their property and the use of force or intimidation during the act. As robberies place victims directly into harmful situations and can cause injuries or fatalities, they are often prosecuted to the fullest extent of the law.
Robbery is classified into different degrees based on the presence of weapons and the severity of the force used. For instance, armed robbery, which involves the use of a deadly weapon, is charged as a first-degree felony. It is punishable by up to life imprisonment and fines up to $10,000. Strong-arm robbery does not involve a weapon but includes physical force, and is a second-degree felony with penalties of up to 15 years in prison and similar fines.
What is Burglary?
In contrast, burglary is defined under Florida statutes as unlawful entry into a dwelling, structure, or conveyance (such as a car or RV) with the intent to commit an offense once inside. Unlike robbery, burglary does not require the presence of a victim or the use of force against a person. The crime is complete upon the illegal entry with criminal intent, regardless of whether the intended crime is actually committed.
Burglary is categorized based on the type of property entered and the presence of aggravating factors such as being armed or causing damage. For example, burglary of a dwelling is a second-degree felony punishable by a maximum of 15 years in prison, while burglary with assault or battery or armed burglary is a first-degree felony, which can carry penalties of up to life imprisonment and fines up to $10,000.
How are Robbery and Burglary Charges Prosecuted?
Prosecuting robbery and burglary in Florida involves different legal strategies and evidentiary requirements. For robbery, the prosecution must demonstrate beyond a reasonable doubt that the defendant used force or intimidation to take property from the victim. The prosecution may utilize eyewitness testimony, surveillance footage, and physical evidence linking the defendant to the crime to bolster their case.
In burglary cases, the prosecution focuses on proving unlawful entry and the intent to commit a crime within the property. Evidence may include signs of forced entry, possession of burglary tools, and any items stolen from the premises. Both crimes require prosecutors to perform a thorough investigation and present compelling evidence to secure a conviction.
How Could Florida’s 10-20-Life Law Affect Your Case?
Under Florida’s “10-20-Life” law, simply possessing a weapon during the commission of a robbery or burglary can result in a minimum 10-year prison sentence, even if the weapon was never used. Discharging or otherwise using the weapon may lead to a 20-year minimum sentence. If the use of the deadly device or firearm causes a severe injury or death, the perpetrator could face life in prison. These are mandatory minimum sentences for a conviction, which means the court generally does not have the discretion to order a lighter sentence.
Avoiding a conviction is the only way to prevent these rigid penalties if a weapon was involved in your case.
How Can You Defend Yourself if You’ve Been Charged With Robbery or Burglary?
Defense strategies for robbery and burglary charges can differ due to the nature of the offenses. Given the severe nature of robbery charges, which can lead to life imprisonment in extreme cases, robust legal representation and a strong defense strategy are crucial.
Robbery defenses often focus on the following topics:
- Challenging the identification of the defendant as the perpetrator, particularly if witnesses are uncertain or unreliable.
- Arguing a lack of intent to deprive an individual of their property. For example, if the defendant reasonably believed the property belonged to them, the act may not constitute robbery.
- Claiming the use of force did not occur as alleged by the prosecution.
In burglary cases, defenses may involve proving that the defendant was permitted to enter the property, lacked intent to commit a crime, or was mistakenly identified. Additionally, procedural defenses such as challenging the legality of a search and seizure or the admissibility of evidence can be crucial in both types of cases.
Why is it Essential to Promptly Consult a Skilled Defense Attorney?
The collateral consequences of burglary and robbery convictions in Florida are profound. Robbery convictions, especially those involving weapons, can result in lengthy prison sentences, substantial fines, and a permanent criminal record that affects future employment and housing opportunities. Burglary convictions also carry significant penalties, including long-term imprisonment and fines, and can lead to the loss of civil rights such as firearm ownership and voting. Additionally, Florida law does not allow for the expungement or sealing of records for convicted individuals, meaning these convictions remain on one’s permanent record, further complicating rehabilitation and reintegration into society.
An experienced defense attorney from DeMichael Law can provide invaluable assistance if you are facing burglary or robbery charges in Florida. Our legal team will thoroughly assess the evidence against you, identify any weaknesses or violations in the prosecution’s case, and develop a strong defense strategy tailored to your specific circumstances. We will ensure your rights are protected and provide effective, aggressive representation throughout the entire legal process. Contact our Lakeland law firm today at 836-216-1831 to schedule your free case evaluation.
