| Read Time: 2 minutes | Criminal Defense

Do You Have a Defense to Your Robbery Charge?

Criminal records harm you wherever you go. You are automatically looked at in society with a stigma of dishonesty or as a violent person. However, when you have been accused of robbery, you do not get to choose which stigma follows you. Usually you are liable as both untrustworthy and violent. What happens when you have been falsely accused or the level of taking was not as serious a crime as robbery itself? If you or a loved one have been charged with robbery, no matter the degree, it is beyond beneficial to seek legal representation. Contact an experienced Florida criminal law attorney today for an initial consultation. Robbery: The Crime and Possible Defenses According to Florida Statute Section 812.13, robbery means the taking of money or other property from a person, with the intent to either permanently deprive the person of their money or other property with the use of force, violence, assault, or putting the person in fear. In simpler terms, if you are charged with robbery, a prosecutor must show that there was a taking of property, that force was used to take that property, and that you had the intent to take that property and to never give it back to the owner. If these elements can be established then you may be convicted of robbery. If convicted of robbery, the consequences can be steep. In Florida a robbery charge can get you imprisoned for 15-30 years as well as fines, depending on if you had a weapon when the robbery was committed or if you are a felon. Though overwhelming, you may have possible defenses. Defenses can be in the form of consent; a claim of right defense where the taker believed in good faith that he or she was the owner of the property, or if no force or weapon was used or if there was no taking from the person then the robbery charge can be considered a lesser offense charge. Because of the many defenses you may have available to you as well as the severity of a robbery charge and conviction, it is invaluable to seek legal advice. Need Legal Advice? Being charged with robbery is a serious offense that has several serious consequences that follow if you are convicted of robbery. Though you may feel hopeless, contacting the right attorney could possibly get your case dismissed or mitigate your punishment, though each case is different. That is why it is important, that if you or a loved one have been charged with robbery, contact Moses & Rooth Attorneys at Law at (407) 377-0150 for a free consultation. As former prosecutors, we will not miss details when defending you.  

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| Read Time: 2 minutes | Prison & Sentencing

A 15-Block Crime Scene Started as a Robbery

A robbery, shooting, and a few car crashes recently resulted in a 15-block crime scene in North Miami-Dade. The commotion happened at a trailer park near Biscayne Boulevard and Northeast 136th Street. The shooting was retaliation for a robbery that happened a few days earlier, when a 14-year-old girl was robbed of her gold chain. Local residents reported that the same people who robbed the girl tried to commit another robbery. The unsuccessful robbery escalated into a shooting and the pair took off. The suspects were fleeing north on Biscayne Boulevard when their black Lexus collided with an SUV. North Miami Beach law enforcement caught the pair. The incident is under investigation, however, and the suspects may both face robbery charges. While all robberies may not end in a car crash and a large crime scene, it is important that those facing robbery charges understand the crime and what a conviction could mean for their futures. What is Robbery? Robbery crimes include a wide vary of criminal actions ranging from the snatching of a purse from an unaware victim to the armed entry of a home with intent to take property by force. Under Florida law robbery occurs when an accused takes money or other property from someone else with the intent to deprive that person, temporarily or permanently, of his or her property, and the accused uses force, violence, or assault while committing the crime. Robberies are punishable as felonies under the law. Sentences range from five years to life in prison, depending on the different factors that may enhance the sentence. Enhancing Sentences Firearms and Deadly Weapons When looking at punishment for robbery crimes, it is important to keep in mind that the punishment for robbery may depend on whether the accused was carrying a firearm, deadly weapon, or other weapon. The presence of a firearm, deadly weapon, or other weapon will mean that a prosecutor has the option of requesting an enhanced penalty. The punishments for robbery include: First Degree Felony Robbery: If during the course of committing the crime the accused carried a weapon, then they may face a charge first degree felony punishable with up to thirty years in prison and a $10,000 fine. Strong Arm Robbery or Second Degree Felony Robbery: If while committing the robbery the accused was not carrying a firearm, deadly weapon, or other type of weapon, then they may face a second degree felony charge punishable with up to fifteen years in prison and a $15,000 fine. Let an Attorney Help With Robbery Charges Robbery charges are serious and an accusation can lead to serious impact on one’s life. These accusation could lead to even more serious consequences if a prosecutor believes that he or she has a basis for enhancing the sentence. If you have been accused of robbery, contact Moses & Rooth. We can help you understand potential sentence enhancements and develop the best strategy for defending you in court. Please contact us today at 407-377-0150 to schedule an initial consultation.

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| Read Time: 2 minutes | Robbery

Street Light Technician Faces Grand Theft Charges

Miami Beach law enforcement officials report that a street light technician stole $23,000 worth of city-owned copper and aluminum wire over three over years. Police authorities alleged that the technician would regularly sell the stolen wire to a Miami scrap metal business. Police investigators following Perez claim that on five occasions in November and December he cut up wire, tossed bags of it into his personal car and drove it to Federal Metal to sell it. Each load would earn the suspect between $80 and $130. When confronted at his home, police report that he confessed to the crime. The city of Miami suspended his employment two days after the arrest and are opened an investigation into the allegations. Two other technicians were also charged in connection to the theft but charges had not been filed. Defining Grand Theft In Orlando, grand theft is a special category of theft crimes known as “crimes of dishonesty.” Theft is defined by the unauthorized using or taking of another person’s property with the intent to permanently, or temporarily, divest that person of their property. Theft is either petit or grand depending on the value of property. A theft is categorized as grand theft if the property stolen totals or exceeds $300. The theft may also be categorized as grand if the property stolen is a vehicle or firearm. Degrees of Penalties  of Grand Theft Penalties for grand theft depend on the degree of the theft committed.The penalties for grand theft include: Third Degree Grand Theft: Theft of property valued between $300 – $20,000 and is punishable with up to five years in prison. Second Degree Grand Theft: Theft of property valued between $20,000 and $100,000 and is punishable with up to fifteen years in prison. First Degree Grand Theft: Theft of property valued over $100,000 and is punishable with up to thirty years in prison. Non-Legal Consequences a Grand Theft Conviction In addition to the threat of prison, a grand theft conviction could follow you for the rest of your life and make it harder to find a job or place to live. Oftentimes you will need to pass a criminal background check to obtain a job or be approved for a new home. A grand theft conviction carries a stigma that not many employers or landlords are willing to overlook. Let an Attorney Help You With Grand Theft Charges A grand theft conviction may cause others to questions your honesty. While we all know people can change, it may be hard for strangers to believe that you have changed. If you have been charged with grand theft, you will need help from an attorney to ensure you have the best defense possible. Contact Moses & Rooth, so we can discuss your charges and develop a strategy to help ensure your are not stigmatized for life. Please contact us today at 407-377-0150 to schedule an initial consultation.

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| Read Time: 2 minutes | Criminal Defense

Penalties and Enhancements

Dangerous Weapons Offenses in Florida Florida has one of the toughest gun control laws in the country. The controversial “10-20-Life” model assigns a mandatory minimum prison sentence of 10 years for when an offender possesses or pulls a gun during the commission of certain crimes. Mere possession of a firearm or other specific weapons can be a crime if you are a felon or have certain terms of probation from a previous conviction. Regardless of your current criminal status, weapons laws in Florida are extremely harsh and any charges brought against you should be taken seriously. Harsher Laws, New Weapons? The 2014 hunting season marked a change in Florida’s stiff weapons laws, allowing hunters to use silencers on guns utilized for hunting. More recently, “slungshots,” a once popular gang-related weapon, may again become legal. Florida residents may even be permitted to apply for a concealed weapon permit, much like the way a person might apply for a concealed gun permit. If this law passes, it will add another weapon to the list of those that may land you in legal trouble if you are caught with the weapon during the commission of certain crimes. Weapon Enhancements for Crimes When a person commits a crime such as assault or battery, they are charged with the respective crime depending on the circumstances of the incident. Florida law allows for crime “enhancements,” that is, bringing more severe charges due to a special circumstance unique to that crime. Very commonly, a person will have a weapon or gun on their person during the commission of a crime. Under the 10-20-Life Model, if the offender has or uses a gun during the commission of certain felonies such as assault or battery, the offender is looking at a 10-year minimum behind bars. There is a 20-year minimum penalty when the gun is fired, which increases to a 25-year minimum sentence when someone is injured or killed as a result. Additional or more severe charges may be added when there are other factors, such as if a person is a convicted felon, if the weapon is not permissible by law, if no permit is issued, if the gun is not registered, or if other circumstances are applicable. These charges are almost exclusively felonies, which can add prison time onto the 10-year minimum for certain offenses. There are also fines and other penalties possibly associated with these crimes. Moses & Rooth: Attorneys at Law in Orlando, Florida When you are arrested for a weapons-related offense, you will have to deal with law enforcement right away. Hiring an experienced gun charge defense attorney will ensure that your legal rights are protected from the moment you contact us. We have significant experience in navigating criminal cases involving weapons offenses, and will ensure that you are clear about what your legal rights, responsibilities, and options are going forward. We will work hard to determine if all procedures were adhered to by law enforcement during your arrest, and if not, work toward getting a dismissal or reduction of charges. If you have been arrested for a weapons offense or for any other crime, contact our Orlando office to learn more about your rights today.

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| Read Time: 2 minutes | Burglary

Theft, Robbery, and Burglary; What is the Difference?

Charges for theft, robbery, and burglary all involve the taking of another’s property, though the charges vary by how and where the activity took place. Being convicted of any of the above can bring serious penalties and long-term consequences, such as the possibility of future employment. If you have been charged with theft, robbery, or burglary, the experienced criminal defense attorneys of Moses and Rooth can provide a defense and help you put this behind you. Theft According to the Florida Department of Law Enforcement (FDLE), a theft is committed every minute in Florida. Theft is the unauthorized taking or use of another’s property, including larceny, stealing, misappropriation, conversion, and other offenses. The value of the property determines if the theft is a petit theft or grand theft. Most cases of shoplifting are considered petit theft. Under Florida Statute 812.014, the theft will generally be a petit theft if the property taken was valued between $100 and $300 and not taken from a dwelling. Petit theft is a misdemeanor. For property taken valuing over $300 the theft will generally be a grand theft and a felony either in the first, second, or third degree, depending on the value of the property, whether a vehicle was used during the commission of the theft, or if any property damage occurred because of the theft. Robbery According to the FDLE, a robbery happens every 22 minutes. A robbery is when a person takes money or property from another person with intent to permanently or temporarily deprive that person of the money or property by force, violence, assault, or fear. Burglary According to the FDLE, a burglary occurs every three minutes in Florida. A person can be charged with burglary if the person enters or remains in a building with the intent to commit a crime. Burglary is a felony of the first, second, or third degree depending on the circumstances. Under Florida Statute 810.02, burglary is a felony of the third degree if the offender does not commit an assault, battery, carry a weapon, or explosive, and there is not another person within the structure or conveyance burglarized. Burglary is a felony of the second degree if the offender does not commit an assault, battery, carry a weapon, or explosive, but there is another person in the dwelling entered or remained in, remains in a dwelling where there is not another person, or there is another person in a structure or conveyance burglarized. Burglary is a felony of the first degree if the offender commits an assault or battery, becomes armed within the dwelling, structure, or conveyance with a weapon or explosive, uses a motor vehicle other than for a getaway vehicle, or causes over $1,000 worth of property damage to the dwelling, structure, or conveyance. Defenses to burglary include arguing that the building was open to the public or you had an invitation or license to be there. Whether you are charged with theft, robbery, or burglary all can carry serious repercussions and long-term consequences. If you have been charged with a theft, robbery, or burglary, contact the experienced criminal defense attorneys at Moses and Rooth in Florida for the best possible defense and for a chance to move past this difficult point in your life.

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