Robbery is one of the most serious theft crimes because of the use or threatened use of violence. As a result, the penalties for a robbery conviction are very severe. If you find yourself accused of robbery, you should seek experienced legal help as quickly as possible.
Statutory Definition
Under Florida law, robbery is defined as the taking of money or other property from another person with the intent to permanently or temporarily deprive the person of the money or property, when in the course of the taking there is the use of force, violence, assault, or putting in fear. “In the course of the taking” is defined as any act that occurs prior to, contemporaneous with, or subsequent to the taking of property and when that act and the act of taking constitutes a continuous series of acts or events.
The penalties for robbery depend on whether the offender possesses a weapon. If the offender had a firearm or other deadly weapon while in the course of committing the robbery, it is a first degree felony with a potential of up to life in prison. Robbery is also a first degree felony if the offender had a non-deadly weapon while in the course of committing the robbery, but with a maximum term in prison of 30 years. If no weapon is involved, robbery is a second degree felony, punishable by a prison sentence of up to 15 years. “In the course of committing” is defined as an act occurring in an attempt to commit robbery or in flight after the attempt or commission.
In Florida, there exists something called robbery by sudden snatching. Pursuant to §812.131, this occurs when the victim was or becomes aware of the taking of the money or property. It is not necessary to show that the defendant used any more force than was necessary to obtain the money or property, or that there was any resistance by the victim or injury to the victim. Robbery by sudden snatching is either a second or third degree felony, depending on whether the offender had a firearm or other deadly weapon.
Home Invasion Robbery
An offense similar to burglary is home invasion robbery. According to §812.135, home invasion robbery occurs when a person enters a dwelling with the intent to commit robbery, and does commit robbery of the people inside. This is slightly different from burglary, which is defined as the entering of a dwelling with the intent to commit any offense therein. Home invasion robbery is a first degree felony. If the offender possessed a firearm or other deadly weapon in the course of committing home invasion robbery, the maximum sentence may be any term up to life imprisonment.
South Florida Criminal Defense Attorneys
Being convicted of any of these robbery-related crimes can result in significant consequences for you. If you have been charged with any of these, protect yourself by speaking with one of the South Florida attorneys at Farkas & Crowley, P.A. We want to put our experience and knowledge to work for you. Contact us today and allow us help.
