§ 812.13.  Robbery.

The crime of Robbery occurs when the offender takes the money or property of another with intent to permanently or temporarily deprive the owner of that money or property, and there is use of violence or force during the act. Classification of the offense depends on certain circumstances.

The offense of Robbery is a First Degree Felony in the State of Florida when the offender carried a firearm or other deadly weapon while committing the act. This is punishable by imprisonment not exceeding 30 years and a fine not exceeding $10,000.

The offense of Robbery is a Second Degree Felony in the State of Florida if the offender carried no weapon during the course of committing the offense. This is punishable by imprisonment not exceeding 15 years and a fine not exceeding $10,000.

Defenses to Robbery

Some of the defenses to Robbery are:

  • Mere Presence” at the scene of a crime is not enough to support a conviction.  [1]
    • In cases where a friend or companion commits a robbery, the defendant must have intended for the act to have been done as well and done something to encourage, help, or advise the person who commits the crime for robbery or attempted robbery. 
  • Bona Fide Claim of Ownership
    • The common-law states that if a person in good faith believes that they have ownership, they are not committing robbery if that claim is genuine.  [2]
  • Stealing was an Afterthought
    • If taking property results from an “afterthought” of violence or force, the defendant may be guilty of Robbery by Sudden Snatching under FL 812.131, but not Robbery under FL 812.13.   [3]

There are other possible defenses which I can explore with you during our Free Initial Consultation.

Contact Criminal Defense Attorney
Glenn M. Swiatek

Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of robbery in Northwest Florida please call us today at (850) 609‑0940 or send this form.

Initial Office Consults are free, and I will make myself available to suit your schedule.

Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring when you are charged with robbery.

References:

  1. Gabriel v. State, 254 So. 3d 558 (Fla. Dist. Ct. App. 2018). 
    https://scholar.google.com/scholar_case?case=859289659317808254&q=Gabriel+v.+State,+254+So.+3d+558+(Fla.+Dist.+Ct.+App.+2018).++&hl=en&as_sdt=4,10   
  2. Ulysse v. State, 174 So. 3d 464 (Fla. Dist. Ct. App. 2015). 
    https://scholar.google.com/scholar_case?case=1734262191840964828
  3. DeJesus v. State, 98 So. 3d 105 (Fla. Dist. Ct. App. 2012).
    https://scholar.google.com/scholar_case?case=2889139895083666818