Robbery by Sudden Snatching in Florida

The crime of Robbery by Sudden Snatching is a Third Degree Felony.

Under Florida Statute 812.131, the crime of Robbery by Sudden Snatching is committed when a person intentionally and unlawfully takes money or property from another person’s body.

And unlike Strong Arm Robbery, there is no requirement that the State prove force, violence, or threats were used in the course of the taking. As a result, a pick-pocket and a purse-snatcher would be equally guilty of Robbery by Sudden Snatching.

Penalties for Robbery by Sudden Snatching

The crime of Robbery by Sudden Snatching is a Third Degree Felony and is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code.

If convicted of Robbery by Sudden Snatching, a judge could impose any combination of the following penalties:

  • Up to five (5) years in prison.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Firearm and Deadly Weapon Enhancement

If a Firearm or Deadly Weapon was possessed while committing a Robbery by Sudden Snatching, even if the firearm or deadly weapon was not used, the crime becomes a Second Degree Felony and is a Level 7 offense under Florida’s sentencing guidelines.

If convicted of Robbery by Sudden Snatching while in Possession of a Firearm or Deadly Weapon, a judge would be required to impose a minimum prison sentence of 21 months in prison and can also impose any combination of the following penalties on top of that:

  • Up to fifteen (15) years in prison.
  • Up to fifteen (15) years of probation.
  • Up to $10,000 in fines.

10/20/Life Firearm Enhancement

If a firearm was possessed while in the commission of a Robbery by Sudden Snatching, a person can also be sentenced under Florida’s 10/20/Life statute.

Under the 10/20/Life statute, a person charged with Robbery by Sudden Snatching while in Possession of a Firearm could receive a minimum 10 year prison term

Defenses to Robbery by Sudden Snatching

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Robbery by Sudden Snatching include:

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. [1]

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. [2]

As a result, if you are out with a friend who spontaneously commits a Robbery by Sudden Snatching, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the Robbery by Sudden Snatching.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Robbery by Sudden Snatching in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Ulysse v. State, 174 So. 3d 464, 467 (Fla. 4th DCA 2015)
  2. Gabriel v. State, (Fla. 4th DCA 2018)