Types of Robbery
Under Florida law (Fla. Stat. § 812.13), robbery is defined as taking property from someone with the use of force, violence, assault, or threats of violence. Unlike theft, which involves taking property without confrontation or force, robbery requires the intentional use of force or threats to take something directly from another person.
There are different types of robbery charges in Florida:
- Robbery: The basic charge of robbery occurs when someone uses force or violence to take property from another individual. This is typically classified as a second-degree felony.
- Armed Robbery: When a weapon is involved in the commission of the robbery, the charges become much more serious. Armed robbery is classified as a first-degree felony and carries significantly harsher penalties.
- Strong-Arm Robbery: This involves using physical force to take property but without the use of a weapon. Although it is still a violent crime, it is classified as a second-degree felony.
- Carjacking: If a person forcibly steals a vehicle from another individual, this charge may be classified as armed robbery, depending on the circumstances.
Penalties for Robbery in Florida
The penalties for robbery in Florida depend on the type of robbery charge:
- Robbery (without a weapon): Typically charged as a second-degree felony, which carries a sentence of up to 15 years in prison, up to $10,000 in fines, and probation.
- Armed Robbery: This is a first-degree felony, which can result in up to life in prison. If convicted, you may face additional consequences depending on whether you were in possession of a firearm or other dangerous weapon during the robbery.
- Strong-Arm Robbery: Also a second-degree felony, but still carries significant penalties, including up to 15 years in prison and fines up to $10,000
- Carjacking: This is generally charged as a first-degree felony, with penalties similar to armed robbery, including life imprisonment.
In addition to imprisonment, convicted individuals may face substantial fines, restitution to the victim, and a permanent criminal record that can have long-lasting consequences on employment, housing, and other areas of life.
Defenses Against Robbery Charges
A skilled Florida criminal defense attorney can challenge the prosecution’s case by raising several potential defenses, such as:
- Lack of Intent: In robbery cases, the prosecution must prove that there was intent to permanently deprive the victim of their property through force or violence. If you did not have the intent to commit a robbery, this could be a strong defense.
- No Force or Threats: If you did not use force, violence, or threats of violence, the charge of robbery may not apply. You may be able to argue that the crime was theft, not robbery.
- False Accusations: If you were wrongly identified or falsely accused, your attorney can work to discredit the prosecution’s evidence and show that you were not involved in the crime.
- Alibi: If you can prove that you were elsewhere at the time of the robbery, an alibi defense may help to demonstrate that you could not have committed the crim
- Illegal Search and Seizure: If the evidence against you was obtained through an illegal search or seizure, your attorney may be able to suppress that evidence, potentially weakening the prosecution's case.
- Self-Defense: If you were acting in self-defense and used force to protect yourself, it could serve as a defense to a robbery charge. Contact a Florida Robbery Defense Lawyer Today
If you or someone you know has been charged with robbery in Florida, don’t wait to get the legal help you need. Contact us online or by calling our office at 954-861-0384 to schedule a consultation with one of our experienced criminal defense attorneys. We will guide you through every step of the legal process and work tirelessly to achieve the best possible outcome for your case.