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West Palm Beach Robbery & Carjacking Lawyer

Top-Rated Robbery and Carjacking Defense Lawyer Representing Clients Throughout Palm Beach County, Florida 

 Robbery and carjacking are considered to be violent theft crimes. Due to the inherent violent element contained within these charges, the punishment that a defendant will face if they are convicted of robbery or carjacking will be especially severe. In fact, a conviction on robbery or carjacking charges could result in substantial jail time. If you or a family member is facing robbery or carjacking charges, it is crucial that you consult with an experienced Florida criminal defense lawyer.

Scott Berry is a skilled West Palm Beach robbery & carjacking defense lawyer who is committed to providing the most effective legal defense to defendants throughout South Florida. Mr. Berry is a board certified criminal defense expert. He has extensive experience handling a wide range of different cases, including the full range of theft, burglary, robbery, and carjacking charges. If you or your loved one was arrested for robbery or carjacking in Palm Beach County, FL, please do not hesitate to contact our law office today for immediate legal attention.

Understanding Robbery/Carjacking in Florida

Carjacking Charges

Robbery is stealing property with force or the threat of force. When the property being taken is a motor vehicle, the crime is called Carjacking. It is notable that Florida takes carjacking charges especially seriously. This offense is considered to be extreme: carjacking is punishable by up to 30 years in prison. That is assuming no firearm or deadly weapon has been used.If a deadly weapon is used during a carjacking, the severity of the offense will be upgraded.As with other offenses, the use of a weapon increases the potential punishment and seriousness of the crime.

Robbery Charges

Robbery can be charged as a first, second or third degree felony depending on how it was committed. Sometimes, the government will charge Robbery by Sudden Snatching. This is a crime that is punishable by 5 years in prison. An example of Robbery by Sudden Snatching is when a purse is snatched from the owner as they are carrying it.  If the owner of the purse were accosted at gunpoint and told to hand over the purse, the government would charge Robbery with a firearm instead, which makes the potential punishment life in prison. A simple Robbery without snatching or a weapon is punishable by up to 15 years in prison. Those charged with any type of robbery or carjacking offense need strong legal representation. If you or a family member was arrested for robbery or carjacking in South Florida, please contact our experienced West Palm Beach robbery & carjacking lawyers today.

Robbery Statute

Florida Statute, 812.13 Robbery

(1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.

(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

Carjacking Statute

Florida Statute, 806.133 Carjacking

(1) “Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.

(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

Understanding the Elements of a Robbery/Carjacking Conviction

 It is important that all defendants have a comprehensive understanding of their basic legal rights. At the foundation of our legal rights in a criminal case is this simple truth: every person is innocent until proven guilty in a court of law. Florida prosecutors and law enforcement agencies have the legal burden of presenting compelling evidence that proves a defendant’s guilt for the specific crimes that they have been charged with in court. You can only be charged with and convicted of a crime to the extent that the evidence actually supports such a result. In a robbery case, a Florida prosecutor must be able to prove the following four elements of the crime in order to obtain a conviction:

  1. The defendant must have actually taken money or property from the victim of the crime;
  2. The property must have had real value, either monetary or intrinsic, to the victim;
  3. The defendant must have used force to commit the act. Force can be actual physical violence or a direct or implied threat of violence that coerced the victim into allowing the crime to occur; and
  4. The defendant must have taken the property with the intent of depriving it from the victim of the crime.

Carjacking cases are similar to robbery cases, with the added element that the property in question must be a motor vehicle for the purposes of Florida law. In both cases, evidence is the key to a conviction. The prosecution can only obtain a conviction if they can present evidence that proves each element of the crime beyond a reasonable doubt.

How Our Florida Robbery/Carjacking Defense Attorney Will Help 

At Scott Berry Law, P.A., we understand exactly how much our clients have on the line in robbery/carjacking cases. Our legal team works tirelessly to ensure that our clients’ rights and interests are protected through every single stage of the criminal justice process. We know that robbery and carjacking charges are very serious and that a conviction could potentially result in considerable jail time.

When we take on a legal case, our criminal defense team will always investigate the charges. In some cases, robbery/carjacking charges are wholly illegitimate and unjust. A mistaken identity, sloppy prosecution, or malicious lie could result in an innocent person facing serious criminal charges. When this happens, our team is prepared to fight back aggressively against prosecutors and law enforcement.

Other cases are more complicated. Perhaps the prosecution is bringing felony armed robbery charges when the actual crime was only a misdemeanor theft, or perhaps the offender was a juvenile who may have access to certain rehabilitative justice options. No matter what, our law firm will put together the legal defense strategy that is best suited for the situation that is facing our client.

Contact Our West Palm Beach Robbery & Carjacking Defense Lawyer Today

At Scott Berry Law, P.A., our dedicated West Palm Beach criminal defense lawyer has extensive experience handling the full range of robbery and carjacking cases. If you or a loved one was arrested for robbery or carjacking in South Florida, it is imperative that you seek immediate legal assistance.

For a free, fully confidential criminal defense consultation, please give us a call at our West Palm Beach office today by dialing 561-370-7420. We represent defendants throughout Palm Beach County, FL, including in Boynton Beach, Boca Raton, Jupiter, Greenacres, Palm Springs, and Lantana.

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