Robbery Lawyer | Florida Defense

What is robbery under Florida law?

Under F.S. 812.13, robbery is taking property through force, violence, assault or putting a person in fear. The use or threat of force is what separates robbery from theft. Robbery with a firearm or deadly weapon is a first degree felony, among the most serious charges in Florida's felony system.

Felony sentencing runs through the Criminal Punishment Code scoresheet. When a firearm is possessed or discharged, the 10-20-Life law can also apply, adding minimum mandatory sentences to the picture.

Force, fear and the line between theft and robbery

The timing and nature of any force, and whether fear was reasonable in the circumstances, are examined closely, because these facts decide whether the conduct fits the robbery statute or a different charge. An event that began as a theft can be charged as robbery depending on what happened next, so the full sequence matters.

Weapon allegations need the same scrutiny. Whether an object was actually a firearm or deadly weapon, and whether the person charged actually had it, can change the degree of the charge and whether minimum mandatory sentences apply.

Eyewitness identification and other evidence

Robberies often happen quickly, under stress and sometimes at night, so eyewitness identification is a frequent issue. The defense reviews how any photo lineup or showup was conducted, what the witness described before seeing a suspect, and whether video supports or contradicts the identification.

Other evidence can include phone location data, recovered property and statements. Florida permits depositions of witnesses in criminal cases, which allows the defense to question witnesses under oath before trial.

The stakes of a robbery charge

A robbery conviction can mean significant prison exposure and a felony record that affects employment, housing and firearm rights. Because the outcome depends so heavily on the evidence, a thorough review of each element the state must prove is central to the defense.

Some robbery cases charge more than one person, with the state claiming each played a part. In that situation the defense looks closely at what this particular person is alleged to have done and what the evidence shows about their role, rather than at the group as a whole.

DUI Lawyers Shield Firm reviews robbery charges at no cost in a free case review. The firm's offices are in Orlando and Satellite Beach.

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General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about robbery

No. Robbery with a firearm or deadly weapon is a first degree felony, but robbery without a weapon is charged at a different level. The degree depends on what the state alleges about weapons and the circumstances of the taking, which is why weapon allegations are reviewed so carefully.

Mistaken identification is a recognized concern in robbery cases. The defense can examine how the identification was made, how long the witness saw the person, lighting and distance, and whether other evidence supports or contradicts it. How much weight an identification carries depends on all of these factors.

In some situations, depending on the evidence, a robbery case may be resolved on a lesser charge such as theft. Nothing about that is automatic. It turns on what the evidence shows about force or fear, the strength of the identification, and the person's record.

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