CENTRAL FLORIDA ROBBERY DEFENSE
ATTORNEY KEN LEWIS
Why hire Ken Lewis to defend you on a robbery charge?
former chief homicide division for Orlando and Osceola Counties
over 50 murder trials
over 200 felony trials
experience in all scientific aspects of a robbery trial
over 25 years of experience
aggressive, tireless, prepared
Choosing a robbery criminal defense attorney is the most important decision of your life!
When it comes to defending a robbery charge there is no substitute for experience. Attorney Ken Lewis has tried numerous high profile Central Florida murder cases such as the Cady Way killings. Ken Lewis has had experience with all robbery charges pursuant to Florida Statute 812.13 and has experience in all aspects of robbery litigation including felony murder with robbery as the underlying charge. Only a handful of lawyers in Florida have had over 50 murder trials. If you are convicted of robbery in Florida you could be facing a lengthy prison sentence. Are you willing to take that chance?
Robbery in Florida
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. (Defendant) took the (money or property described in charge) from the person or custody of (person alleged).
2. Force, violence, assault, or putting in fear was used in the course of the taking.
3. The property taken was of some value.
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.
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.
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.
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. Don't assume you cannot get a bond just because it is a robbery charge. Ken Lewis has gotten bond for clients charged with first degree murder.
Hiring Ken Lewis offers you, the client, several advantages that can and will make a difference in the outcome of your case. An experienced homicide 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 or indictment stage
An experienced homicide 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.
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.
Ken Lewis is one of the most experienced, successful, and respected murder trial attorneys in Orlando and all of 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. Call The Lewis Law Firm now at 407-706-8300 for a free consultation at either our Orlando office or at our Tampa Office.
Attorney Ken Lewis knows forensic science!
Why that matters in a robbery case:
An attorney that knows forensice science can poke holes in the State's case that can lead to reasonable doubt. DNA evidence, cellphone technology, computer forensics, footprints, and other labratory test results can make or break your case. As a former chief of the State Attorney's Office homicide unit and as a sex crimes prosecutor for almost 5 years Ken Lewis has dealth with all types of scientific evidence and has cross examined some of the leading forensic scientists in their field. Prosecutors routhinely rely on various experts hoping to persuade the jury, but far too often, these experts are less than qualified, have used questionable methods or have reached faulty conclusions. If you are hiring an attorney who does not have extensive experience in forensic science you are doing yourself a disservice. Where many attorneys might read a forensic report and move forward under the presumption that everything is accurate, I break down this evidence thoroughly to bolster my clients' cases. I have the knowledge and experience in scientific method to break down this evidence, and find errors that can potentially alter the outcome of your case.
My knowledge of forensics benefits my clients in a variety of ways:
DNA evidence: This is perhaps the most critical piece of forensic evidence in the modern criminal trial. Everything from murder to petty theft often comes down to DNA evidence left at the scene of the crime.
Toxicology reports: Toxicology comes into play to determine the levels of intoxicants in suspects' or victims' systems, and toxicology comes into play in other criminal cases as well.
Gas chromatography-mass spectrometry (GC-MS): This forensic method is used commonly in drug cases as well as in OVI cases involving blood or urine tests. It is used to detect and identify substances as well as quantify the amount of drug or substance present.
Fingerprints: I have worked closely with fingerprint experts in many cases. I am familiar with the importance of obtaining a second opinion when it comes to "subjective" forensic sciences such as fingerprints and handwriting analysis.
Gunshot residue and distance determination: These tests are often instrumental in eliminating a suspect or establishing self defense.
These are just a few of the important aspects of forensics I handle in my practice. My experience and knowledge provide benefit in understanding complex scientific evidence, cross-examination of expert witnesses and other important aspects of criminal defense.
I challenge everything. Working with a private investigator and a team of forensic experts, I leave no stone unturned. If there is any error in the forensic evidence, I will find it.
*Do not even consider hiring an attorney on a robbery case without asking them how many felony trials they have tried. Very few lawyers in Florida have tried more felony cases than attorney Ken Lewis.
What you need to know before you hire a robbery attorney
There is no substitute for trial experience and trial success. Beware of bogus attorney awards and firms that spend the majority of their time defending misdemeanors and traffic cases. Ken Lewis, former chief homicide prosecutor in Orlando, has personally tried over 50 murder cases. You don't want a DUI lawyer handling your serious felony. Do not hire a lawyer without knowing how many felony jury trials they have tried. We are one of the few serious felony specialist criminal defense law firms in existence. We handle only a limited number of serious felony cases, and take a limited number of clients, which assures your case is getting the due diligence, knowledge and expertise required to get you the best possible outcome. Your case will never be passed off to an inexperienced associate. Throughout the process I will personally answer your questions and keep you informed. Call today for a free consultation!
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Longwood, Fl. 32779
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Tampa, Fl. 33602
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