Robbery

Being charged with robbery in Palm Beach County is a serious matter that carries severe consequences. Robbery is classified as a violent felony under Florida law, and a conviction can result in lengthy prison terms, substantial fines, and long-term impacts on personal and professional life. Unlike theft or burglary, robbery involves the use or threat of force to take property from another person. This distinction makes the crime particularly serious in the eyes of the law and triggers enhanced penalties.

At The Ishak Law Firm, attorney Monica Ishak provides dedicated and comprehensive legal representation for individuals accused of robbery. Understanding the gravity of these charges, she approaches every case with meticulous attention to detail, examining evidence, procedural history, and potential defenses to ensure that each client’s rights are fully protected.

Florida’s Legal Definition of Robbery

Florida Statutes § 812.13 defines robbery as the taking of money or other property from another person with the intent to permanently or temporarily deprive them, accomplished by force, violence, assault, or putting the victim in fear. Robbery is divided into several categories, including simple robbery, strong-arm robbery, and armed robbery, each carrying different penalties based on the level of violence or the use of a weapon.

Armed robbery, which involves carrying a firearm or other dangerous weapon during the commission of the crime, is treated as a first-degree felony and can result in life imprisonment in certain cases. Even robbery without a weapon carries significant penalties, reflecting the inherently violent nature of the offense. Prosecutors often pursue these cases aggressively, emphasizing the threat to the victim and the community.

Elements Prosecutors Must Prove

To secure a conviction for robbery, the state must prove beyond a reasonable doubt that the defendant took or attempted to take property from another person, used force, violence, assault, or intimidation, or intended to permanently or temporarily deprive the victim of the property.

Each element must be established, and the prosecution relies on witness testimony, surveillance footage, physical evidence, and in some cases, confessions or statements made by the defendant. The defense can challenge any of these elements, particularly the use of force or the defendant’s intent, to create reasonable doubt.

Sentencing Enhancements in Robbery Cases

Robbery cases in Florida often involve sentencing enhancements that can significantly increase the severity of penalties. These enhancements are applied when aggravating circumstances exist and reflect the state’s interest in punishing violent conduct and protecting public safety.

Use of a Firearm or Dangerous Weapon

If a firearm or other dangerous weapon is used during the robbery, Florida law imposes mandatory minimum sentences under the 10-20-Life statute. For example, if a firearm is carried during the robbery, the defendant faces a minimum of 10 years in prison. If the firearm is discharged, the minimum rises to 20 years, and if someone is injured or killed, the mandatory minimum can be 25 years to life. These enhancements remove judicial discretion, making aggressive defense essential to challenge the application of these laws or the circumstances surrounding the alleged weapon use.

Prior Convictions and Habitual Offender Status

Individuals with prior convictions for violent crimes may face enhanced penalties under Florida’s habitual felony offender statutes. Repeat offenders, especially those with previous robbery or assault convictions, are treated with heightened scrutiny. Habitual felony offender or violent career criminal designations can dramatically increase prison sentences, sometimes resulting in life imprisonment. The prosecution may also seek consecutive sentences for multiple offenses, further extending incarceration.

Injury to the Victim

If the victim suffers bodily harm during a robbery, the law allows for significant sentencing enhancements. Even seemingly minor injuries, such as bruises, cuts, or other non-life-threatening physical harm, can escalate charges from simple robbery to armed robbery or robbery with aggravating circumstances. Courts recognize that any physical injury, regardless of severity, demonstrates the use of force or threat, which elevates the seriousness of the crime. Additionally, judges consider the emotional and psychological impact on the victim, including fear, trauma, and long-term anxiety, when determining appropriate sentences. These factors can result in longer prison terms, higher fines, mandatory counseling, and extended probation, reflecting the law’s intent to hold offenders accountable for both the physical and emotional consequences of their actions.

Aggravated Robbery Under Florida Law

In Florida, robbery is already a serious felony offense, but when certain aggravating factors are present, the charge can be elevated to aggravated robbery. Under Florida Statute § 812.13, robbery occurs when property is taken from another person through the use of force, violence, assault, or by putting the victim in fear. What makes robbery “aggravated” is the involvement of a deadly weapon or firearm during the commission of the crime.

If a firearm is used, displayed, or discharged during the robbery, the offense is classified as armed robbery, which carries some of the harshest penalties in the Florida criminal code. Sentences are often subject to Florida’s 10-20-Life law, meaning a mandatory minimum of 10 years if the firearm is possessed, 20 years if it is discharged, and 25 years to life if serious injury or death results. Even if no one is harmed, the simple presence of a weapon during a robbery dramatically increases the potential prison sentence.

Aggravated robbery is always treated as a first-degree felony in Florida, punishable by up to life in prison. Prosecutors aggressively pursue these cases, and judges have limited discretion when mandatory minimum sentencing applies. Beyond prison time, a conviction for aggravated robbery results in a permanent felony record, loss of civil rights, and long-term consequences for employment, housing, and reputation.

Because of the enhanced penalties and strict sentencing guidelines, aggravated robbery charges demand a strong and immediate defense. The distinction between simple robbery and aggravated robbery often depends on whether the State can prove the presence or use of a weapon, making the details of the evidence critical in determining the outcome of the case.

Robbery in Specific Locations

Certain locations, such as banks, schools, or public transportation, may trigger additional penalties. Robbery committed in these settings is often viewed as more serious due to the increased risk to multiple people and the public interest in protecting critical institutions. The law allows prosecutors to pursue enhanced sentences in these cases to reflect the broader danger posed by the crime.

Investigating Robbery Allegations

Robbery investigations are detailed and often rely on multiple forms of evidence. Law enforcement may collect surveillance video, eyewitness statements, forensic evidence, and electronic records, such as cell phone data or GPS tracking. Investigators also examine the scene for physical evidence, including fingerprints, clothing fibers, and weapon residues.

Defense strategies begin with a careful review of all investigative materials to ensure that evidence was collected legally and accurately. Monica Ishak examines surveillance footage, interviews witnesses, and reviews law enforcement reports to identify inconsistencies or procedural errors. This careful scrutiny allows the defense to challenge the prosecution’s narrative, question witness credibility, and assess the admissibility of evidence.

In Palm Beach County, robbery investigations often involve collaboration between local police departments, the Palm Beach County Sheriff’s Office, and sometimes federal agencies if firearms or interstate activity are alleged. By carefully dissecting the investigative process, the defense can reveal weaknesses that create reasonable doubt and shift the balance in favor of the accused.

Common Defenses in Robbery Cases

Several defenses can be employed in robbery cases, depending on the facts and circumstances of the alleged offense.

Lack of Intent

Intent is a critical element in robbery cases. The defense may argue that the alleged act was not intended to deprive the victim of property or that the defendant had no knowledge of the alleged theft. For example, situations involving mistaken possession, misunderstanding, or accidental taking can be raised to challenge the intent element. Demonstrating a lack of criminal intent can significantly weaken the prosecution’s case.

Mistaken Identity

Robbery cases frequently occur in public spaces with multiple witnesses, making misidentification a possible defense. Eyewitnesses may confuse the defendant with another individual, especially under stressful conditions. The defense can use alibi evidence, surveillance footage, or expert testimony to establish that the accused was not the person who committed the crime.

Procedural Errors

Errors by law enforcement, such as unlawful searches, improper arrests, or mishandling of evidence, can be critical in defending robbery charges. Monica Ishak reviews every step of the investigative process to ensure constitutional protections were followed. Procedural mistakes can result in suppressed evidence, reduced charges, or even dismissal of the case.

Questioning Weapon Use

In armed robbery cases, the defense may challenge whether the alleged weapon was present, operational, or used in a manner that legally qualifies for sentencing enhancements. For instance, the prosecution must prove that the weapon was functional and that the defendant used it to threaten or harm the victim. Disputing these elements can affect the severity of the charges and potential sentencing.

The Ishak Law Firm’s Approach to Robbery Defense

At The Ishak Law Firm, every robbery case is approached with individualized attention and careful planning. Monica Ishak reviews all evidence, including surveillance footage, witness statements, forensic reports, and law enforcement records, to identify inconsistencies and procedural errors. She examines the applicability of sentencing enhancements, including weapon use, prior convictions, and injury to the victim, to ensure all aspects of the case are addressed.

The firm combines meticulous preparation with knowledge of Palm Beach County courts, judges, and prosecutors to develop tailored defense strategies. Monica Ishak advocates aggressively at every stage, from pretrial motions to trial, with the goal of achieving the most favorable outcome possible. Her approach emphasizes both legal protection and long-term mitigation, ensuring that clients’ rights and futures are safeguarded.

Protecting Your Future Starts Now

If you or a loved one is facing robbery charges in Palm Beach County, immediate legal representation is essential. Robbery is a serious violent felony with significant penalties, and sentencing enhancements can substantially increase exposure to prison, fines, and long-term restrictions.

Attorney Monica Ishak provides experienced, dedicated, and comprehensive representation for individuals accused of robbery. Call today to schedule a confidential consultation. Protect your rights, safeguard your future, and ensure your case receives the expert attention it deserves.