Armed Robbery/Robbery

Robbery arrests in Florida should only result from a theft that is coupled with the show, threat, or use of force or violence. Armed Robbery is defined in Florida as the criminal act of stealing another person's property, without consent, while in the possession of a weapon such as a gun or knife. The sentence for an arrest and conviction for robbery will depend on the prior criminal history of the Defendant, if he or she had committed prior violent offenses, the type of weapon that was used, if the alleged victim sustained bodily injury during the crime, and the value of the property stolen. The arrest for use of a firearm during a robbery may carry a three (3) year minimum if the person is a convicted felon and a 10 year minimum-mandatory sentence if the 10-20-Life enhancer is charged. The discharge of the firearm may bring a 20 year minimum mandatory, and if a serious injury results from the use of a firearm, a defendant may face 25 years with a mandatory-minimum up to a life sentence. Robbery charges are generally second or third-degree felonies but can be up to a life felony as well. Strong Armed Robbery (mugging) is the taking of property from the person or custody of a person by force.

Carjackings are becoming more common, and in Jacksonville, carjackings are reported in the news almost every day. It is also is one of the most falsely reported crimes, particularly when cars are lent to others, usually in exchange for drugs or sex and not returned.

Other robbery charges can include robbery by sudden snatching (purse snatching) and home invasion robbery. These are all very serious charges and you need an experienced criminal defense lawyer on your side. We have the experience and skill to properly defend such charges inside and outside of the courtroom. At Arnold Law Firm, LLC, we practice not just the science of lawyering but the art of being an attorney. If you need a defense lawyer for a Florida robbery arrest, call us. We will help the prosecutor, judge and jury feel and experience your story in order to get the best disposition for your case. Contact our experienced criminal defense attorneys for a 30 minute free consultation today at 904-731-3800.

Below are the Florida statutes that are most commonly charged robbery laws in Jacksonville, St. Augustine, Green Cove Springs, and Fernandina Beach.

812.13 Robbery

(1) "Robbery" means 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.

(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed "in the course of committing the robbery" if it occurs in an attempt to commit robbery or in flight after the attempt or commission.

(b) An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

History.--s. 1, ch. 28217, 1953; s. 1, ch. 29930, 1955; s. 839, ch. 71-136; s. 38, ch. 74-383; s. 29, ch. 75-298; s. 1, ch. 87-315; s. 1, ch. 92-155.

Note.--Former s. 813.011.

812.131 Robbery by sudden snatching.

(1) "Robbery by sudden snatching" means the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. In order to satisfy this definition, it is not necessary to show that:

(a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or

(b) There was any resistance offered by the victim to the offender or that there was injury to the victim's person.

(2)(a) If, in the course of committing a robbery by sudden snatching, the offender carried a firearm or other deadly weapon, the robbery by sudden snatching is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If, in the course of committing a robbery by sudden snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed "in the course of committing a robbery by sudden snatching" if the act occurs in an attempt to commit robbery by sudden snatching or in fleeing after the attempt or commission.

(b) An act shall be deemed "in the course of the taking" if the act occurs prior to, contemporaneous with, or subsequent to the taking of the property and if such act and the act of taking constitute a continuous series of acts or events.

History.--s. 1, ch. 99-175.

812.133 Carjacking.

(1) "Carjacking" means the taking of a motor vehicle 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 motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed "in the course of committing the carjacking" if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.

(b) An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

History.--s. 1, ch. 93-212.

812.135 Home-invasion robbery

(1) "Home-invasion robbery" means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

(2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 2, ch. 93-212; s. 1, ch. 2004-290.

Updated as of September 1, 2009 from http://www.flsenate.gov/