A robbery charge involves either the use of physical force to steal another person’s possessions, or threatening to use force so that he or she complies. Generally, will not face robbery charges for shoplifting because you are unlikely to use force and the crime is characterized as theft. Because robbery is a violent crime, establishing an effective defense can be challenging, but a good criminal defense lawyer may be able to help.
If convicted, you face many years behind bars, making it crucial that you structure a defense based on the unique facts of your case. If you face robbery charges in Florida, then call a Fort Lauderdale criminal defense lawyer from Leader & Leader, PA at 954-523-2020 to discuss your options.
In the meantime, read on to learn some general approaches that may apply to your case:
- Insufficient Evidence
The prosecuting authority must be able to prove your case beyond and to the exclusion of all reasonable doubt. If there is a lack of evidence or insufficient evidence for the prosecution to meet its high burden, a qualified criminal defense attorney may be able to get the state to drop or reduce the charges or win your case at trial. This may relate to any evidence such as where you were when you were apprehended, who was with you, where the item in dispute is and/or was found, what witnesses there are, what their background and credibility is, did they have an ability to see and hear what they are claiming to know about the case. Is there physical evidence? If so, was it compromised, tampered with or not collected properly? Was there evidence that could have been collected and was not collected or otherwise lost or destroyed? This could result in possible dismissal of your charges. The list of possible things to attack goes on and on when you have experience defending these cases and know the right things to ask.
- Intoxication
If you have evidence to prove that you were intoxicated at the time of the crime, this defense may work. Once again, you need to provide conclusive evidence that you were incapable of forming the required intent for a valid charge of robbery. Florida Statute §775.051 holds that voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02. Therefore if you were intoxicated and, or impaired and it was not voluntary or what the result of prescription medication, it may be a defense to the crime.
- True Ownership
A “true owner” claim applies to situations when the defendant genuinely believes that the property in question is actually his or hers. This defense is advantageous if you are the real owner of the property in question. However, the fact that you used force to reclaim your property means that you will need to address that issue in your defense, as well, such as acting in self-defense after the victim attacked you.
- Coercion
In cases when someone forces a law-abiding citizen to commit robbery, usually with threats of death or serious physical harm, the coercion defense may work. However, it is often difficult to prove duress in court, especially if the defendant had sufficient time before the crime to approach police about the situation.
It is always wise to structure a defense around the specific circumstances of your case. A Fort Lauderdale criminal defense lawyer can assess your charges and explain your options. Call Leader & Leader, PA at 954-523-2020 to schedule a consultation.
