While both robbery and burglary involve unlawful takings, they differ fundamentally in terms of their nature and the actions they entail:

Presence of a Victim

Robbery necessitates the presence of a victim during the commission of the crime. This direct interaction with the victim is a defining characteristic of robbery. 

In contrast, burglary does not inherently require the presence of a victim. The crime primarily revolves around unlawful entry into a structure with the intent to commit a crime inside, without a specific focus on confrontation or intimidation of individuals within the structure.

Use of Force or Threat

Robbery entails the use of force, threat, or intimidation to seize property directly from a person. The threat of violence is a key element that distinguishes robbery.

Burglary, conversely, does not necessarily involve physical confrontation or intimidation of individuals inside the structure. The essence of the crime lies in the act of entering with criminal intent, regardless of whether the occupants are aware of the intruder’s presence.

Penalties

Robbery carries more severe penalties in Florida due to the inherent threat of violence. Penalties can range from several years in prison to life imprisonment, contingent on factors such as the presence of a weapon, injuries sustained by the victim, or the defendant’s prior criminal record.

While burglary penalties are also substantial, they vary based on factors such as the type of structure entered and the presence of aggravating factors.

One of the primary distinctions in Florida theft law is between petit theft and grand theft. The key factor in differentiating between these two offenses is the value of the stolen property:

Petit Theft: Often referred to as petty theft, is generally charged when the value of the stolen property is less than $750. Under Florida Statutes § 812.014, petit theft is further classified into two degrees:

• First-Degree Petit Theft: This occurs when the stolen property’s value is $100 or more but less than $750. It is considered a misdemeanor of the first degree, which can lead to imprisonment for up to one year and a fine of up to $1,000.
• Second-Degree Petit Theft: This charge applies when the stolen property’s value is less than $100. It is considered a misdemeanor of the second degree, carrying a penalty of up to 60 days in jail and a fine of up to $500.

Grand Theft: On the other hand, grand theft is charged when the stolen property’s value exceeds $750. Under Florida Statutes § 812.014, grand theft is classified into three degrees:

• First-Degree Grand Theft: This is the most severe form of grand theft and applies when the stolen property’s value exceeds $100,000. It is considered a felony of the first degree, carrying a maximum penalty of up to 30 years in prison and a fine of up to $10,000.
• Second-Degree Grand Theft: Occurs when the stolen property’s value is between $20,000 and $100,000. It is a felony of the second degree, punishable by up to 15 years in prison and a fine of up to $10,000.
• Third-Degree Grand Theft: This applies when the stolen property’s value is between $750 and $20,000. It is a felony of the third degree, with potential penalties of up to five years in prison and a fine of up to $5,000.

The legal ramifications of robbery and accomplice liability in Florida are profound and far-reaching, especially without the guidance of a Tampa robbery attorney with The Rickman Law Firm. These penalties can vary depending on the specific circumstances of the case, the severity of the offense, and an individual’s prior criminal history. 

In legal terms, conspiracy refers to an agreement or understanding between two or more individuals to commit an unlawful act or to achieve an unlawful objective. Importantly, it is not necessary for the conspirators to succeed in carrying out the unlawful act for conspiracy charges to apply. Even if the planned offense is not completed, the act of conspiring can lead to criminal liability.

In the context of PPP loan fraud, conspiracy charges arise when multiple individuals or entities collaborate with the intent to commit fraud related to PPP loans. This can include conspiring to submit false information on loan applications, misrepresent payroll expenses, or use loan proceeds for unauthorized purposes. The critical elements of conspiracy, as mentioned earlier, apply specifically to the unlawful activities surrounding PPP loans.

Conspiracy charges in PPP loan fraud cases are grounded in 18 U.S.C. § 371, a federal statute that makes it illegal to conspire to commit any offense against or defraud the United States. PPP loan fraud, being a federal offense, falls squarely under this statute’s purview.

In Florida, laws governing cyberstalking and online harassment are robust and continually evolving to address the complexities of the digital age. Key statutes include:

• Stalking: Florida Statute 784.048(1)(d) provides a comprehensive definition of stalking that explicitly includes cyberstalking. It defines stalking as a course of conduct that causes substantial emotional distress to the victim. Depending on the circumstances and prior convictions, violations of this statute can result in misdemeanor or felony charges.
• Aggravated Stalking: When a defendant escalates their actions to include making credible threats against the victim or violates a court-issued protective order, the charge elevates to aggravated stalking. This is a more severe offense, with potentially more significant penalties, as outlined in Florida Statute 784.048(2).
• Unauthorized Access to Computer Systems: Unauthorized access to someone’s computer systems or online accounts constitutes a breach of privacy and trust. Florida Statute 817.568 addresses such actions and outlines how they can lead to criminal charges.

Your Tampa stalking defense lawyer with The Rickman Law Firm will inform you of any relevant legislation that may affect your charge and case.

Technology has revolutionized the way evidence is collected and preserved in sexual assault cases. Digital devices such as smartphones, security cameras, and wearable technology now play a significant role in the acquisition of crucial evidence. For example, text messages, social media interactions, and geolocation data can provide valuable insights into the events leading up to and following an alleged sexual assault. These digital breadcrumbs can be instrumental in establishing a timeline and corroborating the defendant’s version of events.

Our experienced Tampa sex crime defense attorneys with Rickman Law Firm understand the importance of promptly securing and preserving digital evidence. We work tirelessly to ensure that no stone is left unturned when it comes to obtaining critical data from electronic devices. This includes obtaining court orders and subpoenas when necessary to compel the production of relevant information. By doing so, we can build a robust defense strategy that challenges the prosecution’s narrative and protects the rights of our clients.