What is Robbery Under Florida Law?

Under Florida Statute § 812.13, robbery is defined as the taking of money or property directly from another person or their custody, with the intent to either permanently or temporarily deprive them of it. The defining element of robbery is the use of force, violence, assault, or threats during the act.

Key Elements of Florida Robbery Cases

  • Taking of Property: The defendant must have taken money or property capable of being stolen.
  • From a Person or Their Immediate Custody: The property must have been taken directly from the individual or their possession.
  • Use of Force or Fear: The act must involve violence, force, or actions that place the victim in fear.

How is Robbery Different from Burglary and Theft?

  • Theft involves unlawfully taking property without the use of force or intimidation.
  • Burglary involves unlawful entry into a structure or dwelling to commit a crime, regardless of whether force is used.
  • Robbery, by contrast, focuses on direct confrontation with the victim, using force or fear to take property.

Common Robbery Charges in Florida

Florida law recognizes several types of robbery charges, each with unique circumstances and penalties.

Armed Robbery

Involves the use or possession of a firearm or other deadly weapon during the robbery. This is classified as a first-degree felony and carries severe penalties.

Strong-Arm Robbery

This refers to robbery without a weapon but still involving physical force, violence, or intimidation. It is classified as a second-degree felony.

Home Invasion Robbery

Occurs when a person enters a dwelling with the intent to commit robbery and uses force or threats against the occupants. This is always charged as a first-degree felony.

Carjacking

Defined as taking a motor vehicle directly from another person through force, violence, or intimidation. Depending on whether a weapon is used, it can lead to life imprisonment.

Robbery by Sudden Snatching

Involves taking property, such as a purse or wallet, from a victim who becomes aware of the taking during the act. This is a third-degree felony unless a weapon is used.

Degrees of Robbery in Florida

The penalties for robbery vary based on the degree of the offense and any aggravating factors.

First-Degree Felony Robbery

  • Involves use of a firearm, deadly weapon, or assault during the robbery.
  • Penalties: Up to life imprisonment and fines up to $10,000.

Second-Degree Felony Robbery

  • Includes unarmed robberies involving force, such as strong-arm robbery.
  • Penalties: Up to 15 years in prison and fines up to $10,000.

Third-Degree Felony Robbery

  • Applies to robbery by sudden snatching with no weapon or excessive force.
  • Penalties: Up to 5 years in prison and fines up to $5,000.

What are the Penalties for Robbery in Florida?

Robbery charges carry severe consequences, with penalties influenced by the type of robbery, use of weapons, and level of violence.

Mandatory Minimum Sentences for Armed Robbery

Florida’s 10-20-Life Law applies to armed robbery, imposing:

  • 10 years for possessing a firearm.
  • 20 years for discharging a firearm.
  • 25 years to life if the firearm is discharged and causes injury or death.

Are There Other Consequences for Criminal Convictions in Florida?

  • Permanent criminal record.
  • Loss of voting rights and firearm ownership.
  • Probation, restitution, and court-ordered programs.

Defenses to Robbery Charges in Florida

Robbery charges are serious, but a skilled defense lawyer can challenge the prosecution’s case using various strategies.

Lack of Force or Threat

If the prosecution cannot prove that force, violence, or intimidation was used, the charges may be reduced to theft.

Claim of Right

Under Florida law, a good faith belief that the property belonged to you can serve as a defense.

Mere Presence

Being present at the scene of a robbery does not make someone guilty unless they actively participated in the crime.

Mistaken Identity

Eyewitness misidentification is common in robbery cases. A strong alibi or lack of forensic evidence can challenge the accusation.

Afterthought Defense

If the taking of property occurred as an afterthought to a separate act of violence, it may not qualify as robbery.

FAQs About Robbery Charges in Florida

What is the difference between armed robbery and strong-arm robbery?

Armed robbery involves the use or possession of a weapon, while strong-arm robbery involves force or intimidation without a weapon.

Can I be charged with robbery if I didn’t physically take anything?

Yes. The intent to take property, combined with the use of force or threats, can result in robbery charges even if no property was successfully taken.

What is robbery by sudden snatching?

This occurs when someone takes property directly from a person’s possession in a way that makes the victim aware of the taking, such as purse snatching.

What happens if I’m accused of robbery during a riot or state of emergency?

Robbery committed during a riot or state of emergency can lead to enhanced penalties, including reclassification to a higher felony level.

Can robbery charges be reduced to theft?

Yes, if the prosecution cannot prove the use of force or fear, the charges may be reduced to theft, which carries lighter penalties.

How Attorney Josef Mitkevicius Can Help

If you are facing robbery charges in Florida, having an experienced criminal defense lawyer is essential. Attorney Josef Mitkevicius is dedicated to protecting your rights and building a strong defense.

He Offers a Thorough Case Investigation

Attorney Mitkevicius will review the evidence, interview witnesses, and examine police reports to uncover weaknesses in the prosecution’s case.

He Negotiates for Reduced Charges

When appropriate, Attorney Mitkevicius can negotiate with prosecutors to reduce the charges or secure alternative sentencing options.

He Fights for Your Rights in Court

With extensive courtroom experience, Attorney Mitkevicius will aggressively defend your case to achieve the best possible outcome.

Contact Josef Mitkevicius for Your Robbery Defense Today

Robbery charges are serious, but they are not unbeatable. Attorney Josef Mitkevicius has the knowledge and experience to defend you against these allegations and protect your future.

Call Mitkevicius Law, PLLC today for a free consultation at 850-361-2142. Let us help you take the first step toward securing your rights and freedom.