Robbery in Florida
The crime of Robbery is a Second Degree Felony.
Under Florida Statute 812.13(1), the crime of Robbery, also referred to as Strong Arm Robbery, is committed when a person intentionally and unlawfully takes money or property from another person through the use of force, violence, assault, or threat.
In addition to Strong Arm Robbery, Florida criminalizes the following variations of Robbery:
- Robbery by Sudden Snatching,
- Robbery with a Deadly Weapon,
- Robbery with a Firearm,
- Home Invasion Robbery, and
- Carjacking
Penalties for Robbery
The crime of Robbery (aka Strong Arm Robbery) is a Second Degree Felony and is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Robbery, a judge can impose any combination of the following penalties:
- Up to fifteen (15) years in prison.
- Up to fifteen (15) years of probation.
- Up to $10,000 in fines.
Defenses to Robbery
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Robbery include:
Afterthought Defense
It is a defense to the crime of Robbery if the taking of property occurred as an afterthought to the use of force or violence. (However, the taking may still constitute theft or Robbery by Sudden Snatching.) [1]
For example, if two people got into a fight, resulting in one of the two being knocked out, it would not be Robbery to take the watch from the unconscious person’s wrist, because the taking of the watch was an afterthought that occurred after the fight had concluded. (Although it would constitute the lesser offense of Robbery by Sudden Snatching.)
Claim of Right Defense
Under Florida law, a forcible taking of property under a bona fide claim of right is not robbery where the taker has a good faith belief that he is the owner, or is entitled to immediate possession, of the property. [2]
Mere Presence
Under Florida law, mere presence at the scene of a crime, mere knowledge that an offense is being committed, or even a display of questionable behavior after the commission of a crime is insufficient, standing alone, to establish participation in the crime. [3]
As a result, if you are out with a friend who spontaneously commits a Robbery, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the Robbery.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Robbery in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.