Robbery

Jessica J. Travis has defended all levels of Robbery & Burglary and is familiar with the defenses.

Defenses to Robbery:

  • Mistaken identity – Suggestive line-up or drive-by identification procedures, alibi, conflicting witness descriptions
  • Property was taken as an afterthought to the use of force.
  • Victim gave or consented to the Defendant taking the property.
  • Use of force was in self-defense – not to further the taking of property.
  • Home-Invasion Robbery:  The taking is a theft, not a robbery, because Defendant did not have the intent to commit a robbery at the time he entered the dwelling.
  • Resisting Recovery of Stolen Property:
    • Defendant had not stolen anything.
    • Merchant did not have probable cause.
    • Defendant did not have reason to know that victim worked for Merchant.
    • Defendant acted in self-defense in response to excessive force by Merchant.

Types of Robbery & Penalties:

Robbery (with or without weapon/ firearm)

Robbery, Florida Statutes, Florida Statutes, Section 812.13:

  • Using force, violence, assault or fear;
  • Defendant took property;
  • From the person or custody of another;
  • With the intent to permanently or temporarily deprive.
  • If a weapon or firearm is alleged, it must be proven that it was carried in the course of committing the robbery.

Penalties:

  • Robbery (no weapon): 2nd degree felony punishable by up to 15 years prison and/ or $10,000 fine.
  • Robbery with Weapon: 1st degree felony punishable by up to 30 years in prison and/ or $10,000 fine.
  • Robbery with Deadly Weapon or Firearm: Life Felony (PBL) with minimum mandatory (day for day) sentence of 10 years/ punishable by up to life in prison and/ or $15,000 fine.
  • If firearm possessed is a semi-automatic: Minimum mandatory (day for day) sentence is increased to 15 years prison (instead of 10).
  • If firearm is discharged: Minimum mandatory sentence is increased to 20 years prison.
  • If firearm is discharged and great bodily harm or death occurs: Minimum mandatory sentence is increased to 25 years prison.

Click here for more information on Firearm charges

Home-Invasion Robbery (with or without weapon/ firearm)

Home-Invasion Robbery, Florida Statutes, Section 812.135:

  • Defendant entered dwelling;
  • With intent to commit a Robbery;
  • And while in the dwelling, actually committed a Robbery:
    • Using force, violence, assault or fear;
    • Defendant took property;
    • From the person or custody of another;
    • With the intent to permanently or temporarily deprive.
  • If a weapon or firearm is alleged, it must be proven that it was carried in the course of committing the home-invasion robbery.

Penalties:

  • Home-Invasion Robbery (no weapon): 1st degree felony carrying up to 30 years in prison and/ or $10,000 fine.
  • Home-Invasion Robbery with Weapon: 1st degree felony carrying up to 30 years in prison and/ or $10,000 fine.
  • Home-Invasion Robbery with Deadly Weapon or Firearm: Life felony (PBL) with minimum mandatory (day for day) sentence of 10 years/ punishable by up to life in prison and/ or $15,000 fine.
  • If firearm possessed is a semi-automatic: Minimum mandatory (day for day) sentence is increased to 15 years (instead of 10).
  • If firearm is discharged: Minimum mandatory sentence is increased to 20 years.
  • If firearm is discharged and great bodily harm or death occurs: Minimum mandatory sentence is increased to 25 years.

For more information on Firearm charges click here.

Carjacking (with or without weapon/ firearm)

Carjacking, Florida Statutes, Section 812.133:

  • Using force, violence, assault or fear;
  • Defendant took a motor vehicle;
  • From the person or custody of another;
  • With the intent to permanently or temporarily deprive.
  • If a weapon or firearm is alleged, it must be proven that it was carried in the course of committing the carjacking.

Penalties:

  • Carjacking (no weapon): 1st degree felony carrying up to 30 years in prison and/ or $10,000 fine.
  • Carjacking with Deadly Weapon or Firearm: Life Felony (PBL) with minimum mandatory (day for day) sentence of 10 years/ punishable by up to life in prison and/ or $15,000 fine.
  • If firearm possessed is a semi-automatic: Minimum mandatory sentence is increased to 15 years (instead of 10).
  • If firearm is discharged: Minimum mandatory sentence is increased to 20 years.
  • If firearm is discharged and great bodily harm or death occurs: Minimum mandatory sentence is increased to 25 years.

For more information on Firearm charges click here

Robbery by Sudden Snatching (with our without weapon/ firearm)

Robbery by Sudden Snatching (commonly called purse-snatching), Florida Statutes, Section 812.131:

  • Defendant took property;
  • From the person of another;
  • With the intent to permanently or temporarily deprive and
  • The other person was aware or became aware of the taking.
  • If a weapon or firearm is alleged, it must be proven that it was carried in the course of committing the Robbery by Sudden Snatching.

Penalties:

  • Robbery by Sudden Snatching (no weapon): 3rd degree felony carrying up to 5 years prison/ probation and/ or $5,000 fine.
  • Robbery by Sudden Snatching with Deadly Weapon or Firearm: 2nd degree felony carrying up to 15 years in prison/ probation and $10,000 fine. (No minimum mandatory sentence.)

Resisting Recovery of Stolen Property

Resisting Recovery of Stolen Property, Florida Statutes, Section 812.015(6):

  • Defendant was or had just committed Theft (shop-lifting);
  • Merchant had probable cause to believe defendant had concealed or removed property;
  • Merchant made a reasonable effort to recover the property;
  • Defendant resisted Merchant’s effort to recover property.

Penalty:

  • 1st degree misdemeanor carrying up to 12 months jail/ probation and $1,000 fine.
  • Defendant usually also faces consequences for a Theft charge.

Click here for more information on Theft charges

Call The Travis Law Firm, PLLC for a free consultation on Robbery charges in Brevard County:  321-728-7280.

Note:  Florida laws are constantly changing.  Please contact a Florida criminal defense attorney to make sure you have the most up-to-date information about the crime, penalties and defenses that you are researching.  The information on this page is for informational purposes only and should not be relied upon in making important decisions.