Allegations of robbery may lead to officials filing felony charges under Florida’s statutes. To obtain a conviction, prosecutors must prove that you had a weapon or used threats, physical violence or force to take someone’s property or money.
The Florida Legislature website notes that by carrying a firearm or deadly weapon during an alleged robbery, the offense classifies as a first-degree felony. Even if you did not fire the weapon, prosecutors may attempt to persuade the court to convict you of a felony because you brought it to the scene of the alleged crime.
How may a judge decide if a felony charge applies?
The Sunshine State’s judges generally review the circumstances surrounding a case to make their decisions. In some cases, prosecutors may not have sufficient evidence to prove that defendants had a firearm or a deadly weapon.
Without proof of a weapon, judges may drop a robbery charge or reduce it to a theft offense. A theft offense may classify as a misdemeanor if the value of the property taken does not exceed $750, according to Chapter 812 of Florida’s statutes.
How may I counter a prosecutor’s evidence of a weapon?
According to the U.S. Department of Justice, during a trial, prosecutors use evidence allegedly taken from a crime scene. As a defense, you may present your argument to counter the prosecution’s evidence. You may request that a judge allow the introduction of evidence that could prove you did not have a weapon. The jury may listen to eyewitness testimonies, for example, or review camera footage.
If law enforcement officials allege you took property or money from someone, the action classifies as theft. By using a firearm or deadly weapon, however, you may need a strong legal defense to avoid a robbery felony conviction.