Armed Robbery FAQs: A Comprehensive Guide to the Criminal Trial Process in Tampa
When faced with an armed robbery charge in Florida, you may feel overwhelmed by the complexities of the law and the potential consequences of conviction. This article aims to demystify the legal process, relevant statutes, and the importance of hiring a competent Tampa Armed Robbery Defense Attorney when dealing with these serious charges.
Understanding the Florida Criminal Trial Process
The criminal trial process in Florida typically includes several stages: arrest, initial appearance, arraignment, pretrial proceedings, trial, and sentencing.
The Arrest and Initial Appearance:
If arrested for armed robbery, you are first booked into a jail facility. Soon after, you'll attend an initial appearance where a judge informs you of the charges against you, whether you qualify for a public defender, and your bail amount, if applicable.
Arraignment and Plea Entry:
At the arraignment, you will be formally charged, and you'll have to enter a plea: guilty, not guilty, or no contest. It's imperative to have a qualified attorney present to guide you through this process.
Pretrial Proceedings and Trial:
The pretrial phase involves motions, discovery, and potentially plea negotiations. If no plea deal is reached, the case proceeds to trial. In Florida, the prosecutor must prove your guilt beyond a reasonable doubt.
Sentencing:
If found guilty, sentencing will follow. The severity of the sentence can be influenced by various factors, including the nature of the crime, your criminal history, and the effectiveness of your defense attorney.
Related Criminal Statutes in Florida
In Florida, the main statutes concerning armed robbery are Florida Statute 812.13 (Robbery) and Florida Statute 812.133 (Carjacking). Here's a brief description of each:
Florida Statute 812.13 (Robbery): This statute defines robbery as the intentional and unlawful taking of money or property from another person, through the use of force, violence, assault, or putting in fear. If a deadly weapon, including a firearm, is used during the robbery, it is classified as armed robbery, a more severe charge with harsher penalties.
Florida Statute 812.133 (Carjacking): This statute covers the crime of carjacking, which involves the forceful taking of a motor vehicle with the intent to temporarily or permanently deprive the owner of their rights. If done with a firearm or other deadly weapon, it's considered armed carjacking.
To fully understand these [Florida Armed Robbery Statutes](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0812/Sections/0812.13.html), and to appropriately navigate their implications, you should consult with a knowledgeable defense attorney.
The Importance of Retaining a Tampa Armed Robbery Defense Attorney
Armed robbery is a first-degree felony in Florida, carrying severe penalties such as lengthy prison sentences and hefty fines. A conviction can dramatically impact your life, from limiting job prospects to affecting personal relationships.
Engaging an experienced Tampa Armed Robbery Defense Attorney is essential for a robust defense strategy. They can provide expert guidance, ensure your rights are protected, help negotiate plea deals, or argue effectively on your behalf at trial.
The Consequences of an Armed Robbery Conviction
In Florida, an armed robbery conviction can result in life imprisonment, or a split sentence involving a minimum mandatory term of imprisonment and probation. Penalties become more severe if a firearm is involved, due to Florida's 10-20-Life law. This law requires mandatory minimum prison sentences for crimes committed with a firearm.
Besides imprisonment and fines, a conviction can lead to a criminal record that affects future employment, housing, and even personal relationships.
Frequently Asked Questions about Armed Robbery Charges in Florida
1. What constitutes armed robbery in Florida?
Armed robbery in Florida is defined as the intentional and unlawful taking of money or property from another person, using force, violence, or intimidation, while armed with a deadly weapon.
2. What is the difference between robbery and armed robbery?
The key difference between robbery and armed robbery is the use of a weapon. If a deadly weapon such as a firearm or knife is used during a robbery, it escalates the crime to armed robbery, which carries more severe penalties.
3. What are the potential penalties for armed robbery in Florida?
Armed robbery is a first-degree felony in Florida, punishable by up to life imprisonment, a mandatory minimum prison sentence if a firearm is used, and substantial fines. The exact penalties can vary depending on the specifics of the case and the defendant's criminal history.
4. How can a defense attorney help in an armed robbery case?
A competent defense attorney can guide you through the legal process, develop a robust defense strategy, negotiate plea deals, ensure your rights are protected, and represent you effectively in court.
5. What is Florida's 10-20-Life law?
Florida's 10-20-Life law is a mandatory minimum sentencing law that applies to certain felony offenses involving the use or attempted use of a firearm. It mandates specific minimum prison sentences: 10 years for showing a gun, 20 years for firing a gun, and 25 years to life if someone is injured or killed.
6. Can an armed robbery charge be expunged from my record?
In most cases, a conviction for a serious felony like armed robbery cannot be expunged from your record in Florida. It's essential to consult with a defense attorney for options that might be available to you.
7. What is the difference between robbery and burglary in Florida?
While both involve theft, burglary is defined as entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, whereas robbery involves the use of force or fear to take someone else's property while in their presence.
8. What defenses can be used in an armed robbery case?
Potential defenses could include lack of intent, misidentification, alibi, or asserting that the property taken belonged to you. An experienced attorney can help identify the most appropriate defense based on the facts of the case.
9. Are there any alternatives to jail time for an armed robbery conviction?
While armed robbery is a serious charge that often results in prison time, an experienced attorney may help negotiate a plea deal for lesser charges, or argue for alternatives to incarceration like probation, house arrest, or diversion programs where applicable.
10. Can victims drop charges in an armed robbery case?
In Florida, it's not the victim but the state prosecutor who decides whether to proceed with or drop charges. Even if a victim requests to drop the charges, the prosecutor may still proceed if they believe they have enough evidence to convict.
Need Help? Contact Musca Law, P.A. - Available 24/7
When facing a serious charge like armed robbery, having experienced legal counsel on your side can make all the difference. Musca Law, P.A. is a top-rated criminal defense law firm with 30 office locations throughout Florida. Our team has vast experience defending individuals accused of armed robbery, and we're available 24/7 for free consultations and hearings.
Facing an armed robbery charge? Don't leave your future to chance. Take control and call us today at 1-813-362-5623 for your free, no-obligation consultation. Let Musca Law, P.A., protect your rights and fight for your freedom.