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Robbery in Florida is defined as the taking by force, violence, assault, or threat, of money or property from another person with the intent to either permanently or temporarily deprive the person of the money or property.

Penalties for a Robbery Charge

In Florida, Robbery is classified as a first degree felony if, during the commission of the Robbery, a firearm or other deadly weapon is carried and is punishable by life in prison.

If a non-deadly weapon is carried during the commission of the Robbery, the Robbery charge will be classified as a first degree felony punishable by up to:
  1. Thirty years in state prison;
  2. Thirty years of supervised probation;
  3. A $10,000 fine
If no weapon is carried during the commission of the Robbery, the Robbery charge will be classified as a second degree felony.

A Florida second degree felony is punishable by up to:
  1. Fifteen years in state prison;
  2. Thirty years of supervised probation;
  3. A $10,000

Robbery by Sudden Snatching

Another form of Robbery in Florida is Robbery by Sudden Snatching. In Florida, Robbery by Sudden Snatching is defined as the taking of money or property from a person with the intent to either permanently or temporarily deprive the person of the money or property. It is also necessary that the victim knew or became aware of the taking when it happened.

Florida law specifically provides that it is not necessary for you to have used any force beyond what was necessary to obtain possession of the money or property to have committed Robbery by Sudden Snatching in Florida.

Further, Florida law specifically provides that it is not necessary for the victim to have offered any resistance to the taking or be injured during the course of the crime.

Penalties for a Robbery by Sudden Snatching Charge

In Florida, Robbery by Sudden Snatching is classified as a second degree felony if, during the commission of the Robbery by Sudden Snatching, a firearm or other deadly weapon is carried.

A Florida second degree felony is punishable by up to:
  1. Fifteen years in state prison;
  2. Thirty years of supervised probation;
  3. A $10,000
If no firearm or other deadly weapon was carried during the commission of the Robbery by Sudden Snatching, the charge will be classified as a third degree felony punishable by up to:
  1. Five years in state prison;
  2. Five years of supervised probation;
  3. A $5,000 fine

Defenses to a Robbery Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Robbery charge in Florida include:

The fear of the victim was not reasonable
If it is alleged that you committed a Robbery by created fear in the victim, it will be important to examine exactly what your actions were to create such a fear. The sole subjective fear of the victim will not be good enough. Rather, it must be shown that the circumstances were such as to ordinarily induce fear in the mind of a reasonable person. If the circumstances show that a reasonable person in such a situation would not have been in fear, you will have a defense to Robbery in Florida.

The "taking" was a mere afterthought
It will not be constitute Robbery in Florida if the taking of the person’s property occurred as a mere afterthought to the use of force or violence against the victim. Essentially, if you commit an act of violence towards a person and after having done so, decide to take the property of the person, you may be able to argue that the taking was a mere afterthought. This defense is complicated and relies heavily on the details of each individual situation.

However, it could mean the difference between a Robbery charge and a simple Theft charge!

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with Robbery in Florida!
(407) 545-6416