The definition of a “criminal” can be a very misleading one. If one lumps everybody who has ever been charged or convicted of a crime into one group, you will end up with an extraordinarily diverse group of people. In some places in the state of Florida, it is illegal to feed the homeless. It is still a crime to possess a small amount of marijuana. Sleeping on the bench or panhandling can also land you in jail. Most reasonable people can agree that people who commit crimes like these are not “criminals” for most purposes. On the other hand, some people end up charged with crimes of violence that society has collectively decided deserve serious punishment.
While we can all agree that someone feeding the homeless in public should probably not end up in jail or even facing criminal charges, the legislature has delineated many criminal offenses that, upon a proper conviction, should result in serious criminal penalties. Murder, sexual battery, and similar charges can be truly scary crimes with victims that have difficulty recovering from the physical, sexual or emotional scars left on them. At the same time, the vague and sometimes overbroad conception of criminal statutes, along with society’s strong desire to “Find a perpetrator,” sometimes result in innocent people caught up in the very unfair criminal justice system. No matter which category you fall into, if you’ve been charged with a serious crime, you should immediately consult with an experienced Clearwater criminal defense lawyer.
Armed robbery is an offense that often falls under the serious crimes category. Victims of armed robbery are many times left traumatized. And perpetrators of armed robbery can face extraordinarily harsh penalties. Under most circumstances, armed robbery is also considered a violent crime, which can serve to enhance the penalties faced by those accused.
Elements of Armed RobberyArmed robbery is an offense that shares many elements with theft. Both are crimes that involve the unlawful and impermissible taking of another’s property. In order to prove a theft, the state is required to prove that you obtained the property of another with the intent to permanently or temporarily deprive the owner of the property of the right to use it. Armed robbery includes the elements of theft with several additions. Essentially, robbery combines the property crime of theft with the violent offenses of aggravated assault or battery.
Armed robbery occurs when the person committing a theft utilizes force, violence, assault, or putting in fear in order to further the theft. The property taken must also be taken directly from the person or the custody and control of the victim. It is the “violence” element that most clearly distinguishes robbery from a simple theft and part of what makes the penalties so severe. It is important to consider a skilled Clearwater criminal defense lawyer if you are charged with such an offense.
Penalties for Armed RobberyA typical robbery is a second degree felony punishable by a maximum of fifteen years in prison. When the armed element to robbery is added on, the punishments are multiplied. If you are convicted of a robbery and during the commission, you were armed with a weapon such as a knife, you could be facing a first degree felony punishable by up to thirty years behind bars. Worse, if the weapon carried was a firearm, the first degree felony is enhanced to a life felony with a potential maximum penalty of life in prison. The penalties for armed robbery can be extraordinary, and those charged are often facing significant criminal penalties. It is important that you get a skilled lawyer involved in your case who can develop a defense and present mitigating factors so that you can obtain the best result possible.
Speak to Our LawyersThe lawyers at Hanlon Law have years of experience defending clients with violent and firearms related offenses. Don’t hesitate to call us today for a consultation at (727) 897-5413.