Defending Clients Charged with Robbery and Other Property Crimes

If you’ve been accused, charged, or are under investigation for the crime of Robbery in the State of Florida, there are a few things that you need to understand about your predicament. The first is that Robbery is considered a violent crime in Florida and carries some substantial penalties for first offenders. Secondly, even if you didn’t consider something a robbery, it might meet the FL legal definition.

Florida’s Legal Definition of Robbery

Florida State Statute 812.13 defines robbery as “the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

In simpler terms robbery involves, taking money or another item, directly from a person (the victim) through the use of force. The force can be physical violence, a threat, or otherwise placing the victim in fear. Note that a weapon is not required by the statute for the crime to constitute a robbery.

Types of Robbery in Florida

Florida also has several categories of robbery that either specify a particular type of action or carry enhanced penalties:

• Robbery by Sudden Snatching involves physically stripping the victim of an item that he or she is holding.
• Robbery with a Deadly Weapon involves a knife or other deadly weapon.
• Robbery with a Firearm specifically involves a functioning gun.
• Home Invasion Robbery involves a residential burglary with the robbery. This charge ranks higher than either of the lesser-included crimes.
• Carjacking is a robbery where the objective is a car theft.

Penalties

In Florida, Robbery is a second-degree felony. The potential penalties start at fifteen years in prison, fifteen years of probation, and $10,000 in fines. If it is an enhanced robbery penalty like Home Invasion the severity of the penalties can increase.

Criminal Defense

Criminal defense attorneys have a number of strategies to tear apart prosecutions’ cases. For instance, if there is any uncertainty as to the identity of the robbery suspect, it can be exploited to obtain a dismissal. For instance, if a man was robbed at knifepoint at 2 a.m. on a dark street in Saint Augustine and is shown a photo lineup by the police a week later, the identification may come in question during the criminal justice process and create reasonable doubt.

In addition, any error in the police procedure—custodial interrogation without reading the accused his or her Miranda Rights; moving the suspect from the original location of the stop for a show up; an illegal search for stolen goods or a weapon; et cetera—could lead to a motion to suppress that could unravel the prosecution’s entire case.

Whether you’ve been arrested in Jacksonville/Duval County, Saint John County, or Saint Augustine, if you’re facing the charge of robbery in the State of Florida, you need to retain the services of a sharp, professional criminal defense attorney.