Florida Robbery Laws

If you are facing robbery charges, it’s important to know what the prosecution must prove and what defenses you might have. In this article, we’ll break down Florida‘s robbery statute, the potential penalties for conviction, and common defenses to a robbery charge.

If you need help with pending or potential charges, talk to a Florida criminal defense attorney. They can explain your options and help you build a strong defense.

Understanding Florida‘s Robbery Statute

Florida defines robbery under Florida Statute 812.13. The statute establishes both the basic definition and the penalty structure for different robbery scenarios.

Under Florida law, robbery happens when someone takes money or property from another person by using force, violence, assault, or by putting the victim in fear. The person must intend to take the property from the owner, either temporarily or permanently.

The main difference between robbery and other theft crimes is the use of force or threats. If a pickpocket steals a wallet without the victim noticing, that act falls under theft. However, if that same person uses force, violence, or threats to take the same wallet, it escalates to robbery. The element of force, violence, or threat is what makes robbery subject to much harsher penalties than theft.

Elements of Robbery

• Taking: The prosecutor must show that the defendant took money or property without the owner’s or possessor’s consent. The defendant must have taken the money or property from the victim’s body, from the victim’s immediate vicinity, or from a separate place within the victim’s control.

• Force or threat: The prosecutor must prove that the defendant obtained the money or property from the victim by using intimidation, threat, or physical force to cause the victim to feel fear. The act of force or threat may take place before, during, or after the taking of the property, as long as the prosecutor shows a continuous sequence of events.

• Property: The taken property must have some value, though it may be extremely low. For example, even a few dollars might be enough to support a robbery charge if the prosecutor can establish the other elements of the crime.

• Intent: The prosecutor must prove the defendant meant to take control of the property, either for a short time or forever, and to keep it from the owner.

Types of Robbery Under Florida Law

Florida law also includes several specific types of robbery, each with its own rules and penalties.

Robbery by Sudden Snatching

Robbery by sudden snatching means taking property directly from someone when they know it is happening. Unlike regular robbery, a sudden snatch does not require extra force. Prosecutors do not have to show the victim resisted or was hurt. A common example is pulling a necklace off someone’s neck or grabbing a phone from their hand.

Carjacking

Carjacking involves taking a motor vehicle from someone’s person or custody using force, violence, assault, or putting them in fear. Florida statute broadly defines a motor vehicle as any vehicle propelled by an engine.

Carjacking does not require the victim to be inside the vehicle. For example, forcing someone to give you their car keys at gunpoint outside their home is still carjacking.

Home-Invasion Robbery

Home-invasion robbery occurs when you enter a dwelling with the intent to commit robbery and then actually rob the people inside. Entering the home and committing robbery together makes this a more serious crime.

Unlike burglary, which can mean entering to commit any crime, home-invasion robbery requires both the intent and the act of robbery inside a home.

Penalties and Sentencing

Florida imposes harsh penalties for robbery convictions, and the prison sentence you could receive depends heavily on whether you carried a weapon:

Robbery Without a Weapon

Basic robbery without a weapon is classified as a second-degree felony. It is punishable by up to 15 years in prison and fines up to $10,000. This applies when someone uses force or threats but isn’t carrying any type of weapon during the offense.

Robbery with a Weapon

If the offender carries a weapon, other than a firearm or deadly weapon, during the robbery, the charge is elevated to a first-degree felony offense. The penalties for a first-degree felony include up to 30 years in prison and up to $10,000 in fines.

Robbery with a Firearm or Deadly Weapon

Robbery with a deadly weapon becomes an even more serious first-degree felony. The law imposes severe penalties of a prison term of up to life imprisonment. A deadly weapon includes not only firearms and knives but also any object used in a manner capable of causing death or serious bodily harm.

Home-Invasion Robbery

Home-invasion robbery is always charged as a first-degree felony, regardless of whether you carried a weapon. If you carried a firearm or deadly weapon, penalties can include a term of years not exceeding life imprisonment. If you carried a weapon that wasn’t a firearm or deadly weapon, you still face up to 30 years. Even if you carried no weapon at all, home-invasion robbery carries up to 30 years in prison.

Robbery by Sudden Snatching

Robbery by sudden snatching without a weapon is a third-degree felony, punishable by up to five years in prison and $5,000 in fines. However, if you carried a firearm or deadly weapon during a sudden snatching, it becomes a second-degree felony with up to 15 years of imprisonment.

Florida‘s 10-20-Life Law

For robbery offenses involving firearms, Florida‘s 10-20-Life law imposes mandatory minimum sentences that judges cannot reduce, even when mitigating circumstances exist. This law requires:

• A minimum 10-year prison term if you possessed a firearm during the robbery

• A minimum 20-year prison term if you discharged the firearm

• A minimum 25-year-to-life prison term if someone was injured or killed as a result of the firearm being discharged

You must serve these mandatory minimums in full. You’re not eligible for gain-time credits or any form of early release except pardon, executive clemency, or conditional medical release. The sentences must also run consecutively to any other felony sentences imposed. This means if you receive other sentences, you’ll serve this sentence after completing those, not at the same time.

Only prosecutors have the authority to waive these mandatory minimums. Judges have extremely limited discretion in sentencing under this law.

Defenses Available To You

Several defenses may be available depending on the specific circumstances of your case, including:

Claim of Right or Ownership

This defense applies when you had a good faith belief that you owned the property or were entitled to immediate possession of it. For example, if you forcibly retrieve your own property that another person wrongfully possesses, this may negate the robbery charge.

However, this defense requires a genuine, reasonable belief in ownership. If you merely believe someone owes you money, it doesn’t justify taking their property by force.

Lack of Participation

Mere presence isn’t enough. Prosecutors must prove you actively participated in the offense. Simply witnessing a robbery, even with knowledge that it was occurring, doesn’t make you an accomplice unless you took some action to further the crime.

For example, in a Florida appeals court case, a defendant was in a vehicle when others committed a robbery and murder. The only evidence connecting him to the crimes was that he knew the others planned to commit a robbery, and he was present in the car when it happened. The court found this wasn’t enough for a conviction, stating that neither being at the scene nor merely knowing an offense is being committed can constitute participation in the crime.

This distinction matters if you were present during a robbery but didn’t actively participate. Prosecutors need to show you did something, for instance, acting as a lookout, driving the getaway car, or helping plan the robbery, to prove you participated.

Insufficient Use of Force

The law classifies the crime of robbery among violent crimes. It involves the use of force or threat of force to take property from another person. For example, if you stop someone on the street, show them you have a gun, and demand their wallet, that’s robbery. But if you quietly follow that same person and pickpocket them without any force or threats, that’s theft. The difference matters because robbery is the more serious offense and carries much harsher penalties in Florida.

If you’re facing robbery charges in Florida, contact a criminal defense attorney near you. They can help you understand the charges against you and build the strongest possible defense.

Consent

If the property owner voluntarily gave you authorization to take the property, this can serve as a defense. However, consent obtained through force, threats, or deception is invalid. The consent must be freely and knowingly given.

Lack of Intent

This defense attacks the prosecution’s ability to prove you had the specific intent to permanently or temporarily deprive the victim of their property. If the taking occurred as an afterthought following an assault or fight, rather than being the motivation for the altercation, the offense may be reduced to assault and theft rather than robbery.

Note that Florida law recognizes that force used before, during, or after the taking is considered “in the course of the taking.” It can affect the robbery charge, provided the events form a continuous sequence. However, if significant time passes between separate incidents, prosecutors may charge them as distinct offenses.

Get Legal Help with Your Robbery Case in Florida

If you or your loved one is facing robbery charges, a criminal defense lawyer can evaluate the specific facts of your case and identify which defense strategies might apply to your situation.

An experienced attorney can challenge the prosecution’s evidence and ensure your constitutional rights are protected during your arrest and investigation. They understand the nuances of Florida robbery law and can help you understand what you’re facing and what options are available to you. If you need legal representation on your case, contact a criminal defense attorney near you.