Robbery

WEAPON VS. DEADLY WEAPON

A weapon is an object that can be used for self-defense or to cause harm, ranging from a rock to more complex tools like a knife or gun. However, a deadly weapon is a specific type of weapon that is designed to cause serious injury or death. This can include firearms, explosives, and other types of weapons that are specifically created to inflict lethal damage. The distinction between these two terms is important as the possession and use of deadly weapons can result in severe legal consequences.

TYPES OF ROBBERY IN FL

There are types of robbery charges which may be filed in Florida:

• Armed robbery (Florida Statute 812.13(2)(a)-(b)) – Involves using a weapon to steal property from an individual or business. The state of Florida defines armed robbery as a felony offense. The use of a weapon during a robbery raises the level of violence and danger in the situation.
• Strong-arm robbery (Florida Statute 812.13(2)(c)) – Taking or attempting to take someone’s property against their will using force or threat of force. Unlike armed robbery, strong-arm robbery does not involve the use of a weapon (unarmed robbery). It is often referred to as “mugging” and can occur in a variety of settings, including on the street, in a parking lot, or in a home.
• Home invasion robbery (Florida Statute 812.135) – Involves breaking into someone’s home, using force or intimidation to gain entry, and then stealing property, money, or valuables. Unlike a typical burglary, home invasion robberies involve direct contact with the homeowners or residents.
• Carjacking (Florida Statute 812.133) – This offense involves the taking of a motor vehicle from another person, using force, violence, or intimidation. This crime can lead to severe legal consequences, including imprisonment, fines, and a criminal record. Carjackings typically occur when the driver is either entering or exiting their car, and the perpetrator can be armed with a weapon or threaten the use of one.
• Robbery by sudden snatching (Florida Statute 812.131) – A crime that occurs when a perpetrator steals property from another person through the use of sudden force or violence. This type of robbery is defined in Florida law as a felony offense, and anyone convicted of this crime can face severe penalties, including imprisonment, fines, and restitution.

FLORIDA ROBBERY SENTENCES

Robbery is considered a felony offense in Florida. However, the severity of the sentence increases depending on the circumstances of the crime.

• Robbery by sudden snatching
  • 3rd Degree
  • Fines: $5,000
  • Prison: up to 5 years
• Strong arm robbery (robbery without weapons)
  • 2nd Degree
  • Fines: $10,000
  • Prison: up to 15 years
• Armed robbery with a weapon
  • 1st Degree
  • Fines: $10,000
  • Prison: up to 30 years
• Armed robbery with a deadly weapon
  • 1st Degree
  • Fines: $10,000
  • Prison: Life imprisonment
• Home invasion robbery with a weapon
  • 1st Degree
  • Fines: $10,000
  • Prison: up to 30 years
• Home invasion with a deadly weapon
  • 1st Degree
  • Fines: $10,000
  • Prison: Life imprisonment
• Carjacking without a weapon
  • 1st Degree
  • Fines: $10,000
  • Prison: up to 30 years
• Carjacking with a deadly weapon
  • 1st Degree
  • Fines: $10,000
  • Prison: Life imprisonment

FLORIDA MANDATORY MINIMUM SENTENCING FOR ROBBERY

If the offender carried a firearm, then Florida may impose a mandatory minimum sentence according to the following:

• 10 years for possessing firearm that was not discharged.
• 20 years for discharging a firearm during a robbery.
• 25 years for discharging a firearm that injured or killed someone.

The sentence an individual receives depends on many factors including:

• Prior criminal history
• What kind of weapon was used
• If there is a history of violent offenses
• How much the stolen property was worth
• Whether or not the victim was injured

DEFENSES TO ROBBERY CHARGES IN FLORIDA

• Lack of intent: If you did not intend to commit a robbery, you may be able to argue that you were falsely accused or that you were mistakenly identified as the perpetrator.
• False accusation: It is possible that someone may falsely accuse you of robbery. This could happen if the victim mistakenly identifies you as the perpetrator, or if someone has a grudge against you and wants to see you punished.
• Duress: If someone forced you to commit the robbery under threat of harm or death, you may be able to use the defense of duress.
• Insufficient evidence: If the prosecution does not have enough evidence to prove that you committed the robbery, you may be able to have the charges dismissed or reduced.
• Self-defense: If you used force to defend yourself against an imminent threat of harm, you may be able to argue self-defense.
• Alibi: If you have a strong alibi that places you somewhere else at the time of the robbery, you may be able to use this as a defense.

You can be guaranteed that prosecutors will push for maximum sentencing if you are convicted of robbery. As such, it is crucial that you consult a Miami robbery defense lawyer as soon as possible in order to help ensure that this does not occur. At Hager & Schwartz, P.A., we want you to be represented by a Miami robbery defense attorney who is equally aggressive in defending your rights.

If you are facing robbery charges in Miami-Dade County, or the surrounding areas in Florida, contact a Miami Robbery Attorney at our firm as soon as possible.