Robbery Charges in Florida: What a Criminal Defense Attorney Wants You to Know

Understanding Robbery Charges in Florida

Robbery charges in Florida are serious offenses that can carry significant penalties. It's crucial to understand the nuances of the law and what a criminal defense attorney looks for when defending against these charges. This article provides a comprehensive overview of robbery charges in Florida, offering practical advice and insights for those facing such accusations.

What Constitutes Robbery in Florida? ⚖️

Florida Statute § 812.13 defines robbery as the taking of money or other property that may be the subject of larceny from the person or custody of another, with intent to 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. Let's break this down:

• Taking Property: This involves physically taking possession of someone else's property.
• From the Person or Custody: The property must be taken directly from the victim or from their immediate control.
• Intent to Deprive: The accused must have intended to permanently or temporarily deprive the owner of the property. This intent is often a key element in the defense.
• Use of Force, Violence, Assault, or Putting in Fear: This is the critical element that elevates larceny (theft) to robbery. The prosecution must prove that force, violence, an assault, or the threat of such was used during the taking.

Key takeaway: Without the element of force, violence, assault, or putting someone in fear, the charge is likely theft, not robbery.

Degrees of Robbery and Penalties in Florida 🧑‍⚖️

Florida law categorizes robbery into different degrees, each carrying distinct penalties:

Robbery (First Degree)

First-degree robbery involves the use of a deadly weapon or firearm during the commission of the crime. It also includes situations where, during the robbery, the offender carries a deadly weapon. This is a very serious charge.

• Penalty: A first-degree felony, punishable by imprisonment in state prison for a term of years not exceeding life, or as provided in chapter 775. Often comes with a mandatory minimum prison sentence, especially if a firearm is involved.

Robbery (Second Degree)

Second-degree robbery involves the use of force or violence, or the threat of force or violence, but does *not* involve a deadly weapon or firearm. For example, a person who punches someone and takes their wallet commits second-degree robbery.

• Penalty: A second-degree felony, punishable by imprisonment in state prison for a term of years not exceeding 15, or as provided in chapter 775.

Robbery by Sudden Snatching

Robbery by Sudden Snatching is defined as "the taking of money or other property from the person of another, when, in the course of the taking, the victim is unaware of the taking and the offender does not use force, violence, assault, or putting in fear. A very common example is snatching a purse or wallet." It's important to note that this is a lesser included offense to both first and second degree robbery, and is not itself a robbery.

• Penalty: A third-degree felony, punishable by imprisonment in state prison for a term of years not exceeding 5, or as provided in chapter 775.

Important Note: Florida's "10-20-Life" law can significantly increase penalties if a firearm is involved in the commission of a robbery. This law mandates minimum prison sentences based on the use of a firearm.

Defenses Against Robbery Charges in Florida 🛡️

A skilled criminal defense attorney will explore various defenses depending on the specific facts of the case. Here are some common defense strategies:

• Lack of Intent: Arguing that the accused did not intend to permanently or temporarily deprive the owner of the property. For example, claiming it was a prank gone wrong.
• Mistaken Identity: Presenting evidence that the accused was not the person who committed the robbery. This often involves challenging eyewitness testimony.
• Alibi: Providing evidence that the accused was somewhere else at the time the robbery occurred.
• Insufficient Evidence: Challenging the prosecution's evidence, arguing that it is not strong enough to prove guilt beyond a reasonable doubt.
• Coercion/Duress: Claiming the accused was forced to commit the robbery under threat of harm.
• Self-Defense/Defense of Others: Arguing that the accused used force to protect themselves or others from imminent harm. However, this defense is typically more applicable to assault or battery charges stemming from the incident.
• Challenging the "Force" Element: Arguing that the force used was minimal and insufficient to elevate the crime to robbery. This is particularly relevant in cases where the line between theft and robbery is blurred.
• Illegal Search and Seizure: If evidence was obtained through an unlawful search, a motion to suppress that evidence may be filed, potentially weakening the prosecution's case.

The Role of a Criminal Defense Attorney 👨‍💼

A criminal defense attorney plays a vital role in protecting your rights and building a strong defense. Here's how they can help:

• Investigating the Case: Gathering evidence, interviewing witnesses, and reviewing police reports.
• Negotiating with Prosecutors: Seeking to reduce charges or negotiate a plea bargain.
• Filing Motions: Challenging the admissibility of evidence or seeking to dismiss the charges.
• Representing You in Court: Presenting your defense, cross-examining witnesses, and arguing your case before a judge and jury.
• Providing Legal Advice: Explaining your rights, the potential consequences of a conviction, and the best course of action.

Potential Consequences of a Robbery Conviction in Florida 🚨

A robbery conviction in Florida can have devastating consequences, extending far beyond prison time. These consequences can include:

• Imprisonment: As discussed above, robbery carries significant prison sentences.
• Criminal Record: A permanent criminal record can make it difficult to find employment, housing, and educational opportunities.
• Loss of Rights: A felony conviction can result in the loss of the right to vote, own a firearm, and hold certain professional licenses.
• Financial Penalties: Fines, court costs, and restitution to the victim.
• Reputational Damage: A robbery conviction can damage your reputation and relationships with family and friends.
• Difficulty Obtaining Loans or Credit: Financial institutions may be hesitant to lend money to individuals with criminal records.
• Immigration Consequences: For non-citizens, a robbery conviction can lead to deportation.

Seeking Restitution and Compensation for Victims of Robbery 💰

If you are a victim of robbery in Florida, you may be entitled to restitution from the offender. Restitution is designed to compensate you for your financial losses resulting from the crime. This can include:

• Stolen Property: The value of the property that was stolen.
• Medical Expenses: Costs associated with injuries sustained during the robbery.
• Lost Wages: Income lost as a result of the robbery.
• Counseling Costs: Expenses for therapy or counseling related to the trauma of the robbery.

In addition to restitution, you may also be able to pursue a civil lawsuit against the offender for damages. A civil lawsuit can provide additional compensation for pain and suffering, emotional distress, and punitive damages.

Practical Advice if You Are Accused of Robbery in Florida 💡

If you are accused of robbery in Florida, it is crucial to take the following steps:

• Remain Silent: Do not speak to the police or anyone else about the case without first consulting with an attorney. Anything you say can be used against you.
• Contact an Attorney Immediately: A criminal defense attorney can advise you of your rights, protect you from self-incrimination, and begin building your defense.
• Preserve Evidence: Gather any evidence that supports your defense, such as alibi witnesses, photographs, or documents.
• Do Not Discuss the Case with Anyone: Avoid discussing the case with friends, family, or on social media. These conversations could be used against you in court.
• Be Honest with Your Attorney: It is essential to be completely honest with your attorney about the facts of the case. This will allow them to provide you with the best possible representation.

Finding the Right Criminal Defense Attorney in Florida 🔎

Choosing the right criminal defense attorney is a critical decision. Consider the following factors when selecting an attorney:

• Experience: Look for an attorney with extensive experience handling robbery cases in Florida.
• Reputation: Check the attorney's reputation with the local bar association and online reviews.
• Communication: Choose an attorney who communicates clearly and keeps you informed about the progress of your case.
• Availability: Ensure the attorney is available to answer your questions and address your concerns.
• Cost: Discuss the attorney's fees and payment options upfront.

Schedule consultations with several attorneys before making a decision. This will give you the opportunity to ask questions and assess whether they are a good fit for your needs.

Robbery charges in Florida are serious and require a skilled and experienced criminal defense attorney. Understanding the elements of the crime, the potential penalties, and available defenses is crucial for protecting your rights and achieving the best possible outcome in your case. If you or someone you know is facing robbery charges in Florida, seek legal representation immediately.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.