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THE LEWIS LAW FIRM, P.A.

Former Prosecutor Ken Lewis

Central Florida Criminal Defense

ORANGE COUNTY ROBBERY CRIMINAL DEFENSE ATTORNEY KEN LEWIS

Why hire Ken Lewis to defend you on a robbery charge?   

  • Former chief of homicide division as an Orlando prosecutor

  • Over 50 murder trials 

  • Over 200 felony trials 

  • Experience in all scientific aspects of a criminal robbery trial 

  • Numerous robbery trials

  • Over 20 years of criminal law experience

Choosing a robbery defense attorney is the most important decision of your life!

There is no substitute for experience. Attorney Ken Lewis was a homicide prosecutor for 8 years and was the former CHIEF HOMICIDE PROSECUTOR for Orange and Osceola Counties. 

Ken Lewis represents clients on robbery charges in Orange, Osceola, Seminole, Lake, Flagler, Volusia, Duval, St. Johns, Sumter, Alachua, Brevard, Escambia, Leon, Broward, Palm Beach, Hillsborough, Pasco, Pinellas, Bradenton, Sarasota and all surrounding Florida counties. 

WHAT DOES THE STATE HAVE TO PROVE TO CONVICT YOU OF A ROBBERY CHARGE IN FLORIDA?

The Robbery statute in Florida is Florida Statute § 812.13

To prove the crime of Robbery, the State must prove the following four elements beyond a reasonable doubt:

 

  1. 1.    (Defendant) took the (money or property described in charge) from the person or custody of (person alleged).

 

  1. 2.    Force, violence, assault, or putting in fear was used in the course of the taking.

 

  1. 3.    The property taken was of some value.

 

  1. 4.    The taking was with the intent to permanently or temporarily [deprive (victim) of [his] [her] right to the property or any benefit from it] [appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it].

 

Fear. Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997).

If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the victim need not be shown.

 

In the course of the taking.

    “In the course of the taking” means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of acts or events.

 

Afterthought: DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012).

    If the taking of property occurred as an afterthought to the use of force or violence against the victim, the taking does not constitute robbery but may still constitute theft. 

 

Ownership: 

    In order for a taking of property to be robbery, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has the custody of the property at the time of the offense.

 

Force defined: 

    The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of robbery resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence. 

Taking of property, control: 

    In order for a taking by force, violence, or putting in fear to be robbery, it is not necessary that the taking be from the person of the victim. It is sufficient if the property taken is under the actual control of the victim so that it cannot be taken without the use of force, violence, or intimidation directed against the victim.

HOW MUCH PRISON TIME AM I FACING IN FLORIDA FOR A ROBBERY CHARGE? 

Robbery in Florida is a second degree felony and punishable by a period of prison up to 15 years unless enhanced by use of some type of weapon or firearm. If a weapon is used the robbery becomes a first degree felony punishable by up to 30 years in prison.  If a firearm is used minimum mandatory sentences would apply and the robbery is a first degree felony punishable by life in prison.  

Enhancement for weapon or firearm

    If “in the course of committing the robbery” the defendant carried some kind of weapon. An act is “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.  A weapon is any object that could be used to cause death or inflict serious bodily harm.  

Home Invasion Robbery-Florida Statute § 812.135

If the robbery takes place in a dwelling this is known as a home invasion robbery. A home invasion robbery committed without a weapon is a first degree felony. If a home invasion robbery is committed with a firearm or deadly weapon the charge is a first degree felony punishable by life.  If the home invasion robbery is committed with a weapon that is not a deadly weapon it is a first degree felony punishable by 30 years.   

WHY HIRE KEN LEWIS TO DEFEND YOUR ROBBERY CHARGE?

Having an experienced former prosecutor and trial attorney with over 200 felony trials matters at every stage of criminal representation.           

 

*If you are in custody our first priority is get you a bond hearing at the earliest possible date. The quicker we get you out of jail, the sooner you can help assist us in building your defense. 

Hiring Ken Lewis to defend the charge of robbery offers you, the client, several advantages that can and will make a difference in the outcome of your case. An experienced robbery attorney can provide you with distinct advantages at every critical stage of a criminal prosecution: 1) the filing stage 2) pretrial motions 3) negotiating a resolution and 4) trial. Former prosecutor Ken Lewis has had over 50 murder trials and over 200 felony jury trials including robbery, drug trafficking, burglary, and sexual battery.

1)     The filing stage

An experienced attorney, particularly a former prosecutor, is going to have increased ability to recognize weaknesses in a case at the earliest point possible. Bringing those weaknesses to the attention of the prosecutor may cause no charges or less serious charges to be filed. Either way, you win. Attorney Ken Lewis has filed hundreds of cases and knows the Florida criminal statutes inside and out.

2)     Pretrial motions 

An experienced attorney is far more qualified through experience to recognize critical pretrial motions that may be overlooked by someone with less experience. These motions can lead to the dismissal of your case or the suppression of evidence. As a former prosecutor Ken Lewis has dealt with hundreds of pretrial motions. Ken Lewis has litigated numerous Stand Your Ground hearings. 

3)     Negotiating a resolution

An experienced defense attorney is going to be far more likely to negotiate a more favorable resolution because the prosecutor is far less likely to take a case to trial against an experienced defense attorney he respects. Prosecutors are often judged on their conviction rates and rarely want to take chances on trying a case they think they can lose. 

4)     Trial

Ken Lewis is one of the most experienced, successful, and respected robbery trial attorneys in Central Florida. 

Trial is never the place to take a chance on a less experienced attorney. A trial involves command of the evidence code, the ability to exploit weaknesses in the state’s case, and trial skills such as effective cross examination and detailed knowledge of forensic science. These essential trial skills are only mastered through experience in the courtroom. Compromising any of these skills can and will make the difference between a conviction and an acquittal.

Prior to hiring a lawyer, you must ask the question, how many felony jury trials have you had? Follow up that question by asking if they have had success at trial with the kind of case you are hiring them for. Robbery cases often involve some form of scientific evidence such as: DNA evidence, fingerprint evidence, cellphone technology, computer forensics, and footprint evidence. If you are hiring an attorney who does not have extensive experience in these areas you are doing yourself a disservice. Attorney Ken Lewis has cross examined and worked with nationally known experts in all areas of forensic science.

If there is any error in the forensic evidence, or areas of forensic evidence the state did not utilize and should have, and your attorney's lack of experience or knowledge doesn’t exploit it, you have made a potentially critical hiring mistake. Failure in a single one of these areas can make a difference in whether you walk away a free man or spend up to the rest of your life in prison. Can you afford to take that chance?  Call The Lewis Law Firm now at 407-706-8300 for a free consultation at either our Longwood office or at our office in downtown Orlando.

If you are incarcerated we will come visit you.   

*We value and respect your privacy and we will keep any information strictly confidential.

 

 

Ken Lewis provides aggressive robbery criminal defense in Orange County cities: Apopka, Bithlo, Carver Shores, Christmas, Fairview Shores, Parramore, Pine Hills, Ocoee, Orlando, Waterford Lakes, Winter Garden, Winter Park, and all surrounding areas. 

*For all other areas of criminal representation, academic hearings or injunctions and to learn more about criminal defense attorney Ken Lewis please click on home page link below.