Robbery

Robbery is one of the most serious crimes in Florida, given its often violent nature. Understanding the details of Florida’s robbery laws is crucial for anyone facing such charges.

Melbourne Attorney for Robbery Charges

Robbers, and those believed to be robbers, are treated harshly under Florida law. If you have received a charge related to illegal entering, theft, or full robbery, then you must contact an experienced criminal defense attorney immediately.

Mark Germain provides strong legal defense for those located along the Space Coast and in Central Florida.

Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

What is Robbery?

According to Florida Statutes Section 812.13, to convict a person of robbery, the prosecutor must prove the following:

1. Taking of Money or Property: The prosecutor must prove that the defendant took money or property from the victim or from the victim’s custody.
2. Intent to Deprive: The prosecutor must show that the defendant intended to permanently or temporarily deprive the victim or owner of the money or property.
3. Use of Force or Inducing Fear: The prosecutor must demonstrate that, during the act of taking, the defendant used force, violence, or assault, or put the victim in fear.

What is Robbery by Sudden Snatching | Purse Snatching?

According to Florida Statutes Section 812.131, to convict a person of robbery by sudden snatching, the prosecutor must prove the following:

1. Taking of Money or Property: The prosecutor must show that the defendant took money or property directly from the victim’s person.
2. Intent to Deprive: The prosecutor must prove that the defendant intended to deprive the victim or owner of the money or property.
3. Victim’s Awareness: The prosecutor must demonstrate that the victim was aware of the taking during the act.

What is Home-Invasion Robbery?

According to Florida Statutes Section 812.135, to convict a person of home-invasion robbery, the prosecutor must prove the following:

1. Entry into a Dwelling: The prosecutor must prove that the defendant entered a dwelling (e.g., home or apartment) where people were present.
2. Intent to Commit Robbery: The prosecutor must demonstrate that the defendant intended to rob the occupants at the time of entering the dwelling.
3. Actual Robbery: The prosecutor must show that the defendant did, in fact, rob the occupants after entering the dwelling.

What Are The Penalties For Robbery?

What Are Non-Jail Alternatives?

1. Probation: In some robbery cases, instead of serving time in jail, the individual may be placed on probation. This allows the person to live in the community under specific conditions set by the court, such as regular check-ins with a probation officer, maintaining employment, and avoiding criminal behavior.
2. Restitution: The court may order the individual to pay restitution to the victim. This involves compensating the victim for any financial loss or damage caused by the robbery. The payment amount and schedule are determined by the court and are intended to help make the victim whole.
3. Community Service: The court might require the person convicted of robbery to complete a certain number of community service hours. This involves performing unpaid work for a nonprofit organization or public service, which serves as a way to give back to the community.
4. House Arrest: Also known as home confinement, this alternative allows the individual to serve their sentence at home rather than in jail. The person may be monitored through electronic devices, and their movement is restricted to essential activities, such as work or medical appointments.
5. Drug or Mental Health Treatment Programs: If the robbery was related to substance abuse or mental health issues, the court might order the person to participate in a treatment program. Successful completion of the program could lead to a reduced sentence.

What Are Potential Defenses to Robbery Charges?

1. Lack of Intent: The defense can argue that the accused did not have the intent to take the property.
2. Alibi: If the accused can prove they were elsewhere when the robbery occurred, this defense can effectively counter the charge. Relatedly, if the individual was at the place where the robbery occurred but mistakenly identified, this too can serve as a defense.
3. No Force or Fear: Robbery requires the use of force, violence, or putting the victim in fear. If it can be proven that no such force or fear was used during the taking, the charge may be reduced or dismissed.
4. Duress or Coercion: If the accused was forced to commit the robbery under threat of harm to themselves or others, they might use this defense to argue that they were not acting of their own free will.
5. Illegal Search and Seizure: This defense argues that the evidence used against the defendant was obtained unlawfully, such as through an improper search by law enforcement.

If the prosecution cannot provide sufficient evidence to prove each element of the robbery charge beyond a reasonable doubt, the defense can argue for acquittal based on the lack of evidence.

Criminal Record Impact

Another critical point is that a robbery conviction creates a lasting criminal record, which can affect many aspects of life beyond just the legal penalties. This criminal record may impact employment opportunities, housing applications, and personal relationships, making it more difficult to move forward even after serving a sentence. This emphasizes the long-term consequences of a conviction.

Can a Robbery Lawyer Fight the Charges?

First, a robbery lawyer will explain the charges against you in simple terms. It’s important to understand what you’re accused of and what the potential consequences are. Your lawyer will go over the details of your case with you, making sure you know what to expect at each step.

A lawyer will gather and examine all the evidence in your case. This includes police reports, witness statements, and any physical evidence. They’ll look for anything that can help your case, such as mistakes made by law enforcement or inconsistencies in witness accounts. By analyzing the evidence, your lawyer can build a defense strategy aimed at getting the best possible outcome for you.

Your lawyer will also handle all communication with the court and the prosecution. This means filing necessary paperwork, negotiating with the prosecutor, and representing you in court. They’ll know how to challenge the prosecution’s case, whether it’s by questioning the credibility of witnesses or arguing that certain evidence should not be used against you.

Additionally, a robbery lawyer can advise you on whether to accept a plea deal or go to trial. They’ll explain the pros and cons of each option, helping you make an informed decision. If you do go to trial, your lawyer will defend you in front of a judge or jury, presenting your case in the most favorable light.

Throughout the process, your lawyer will be there to guide you, answering your questions and helping you understand what’s happening. They’ll fight to protect your rights and work to get the charges reduced or dismissed if possible.

Frequently Asked Question

What is the difference between robbery and burglary? Robbery involves taking property from someone using force, violence, or fear, while burglary is the unlawful entry into a structure with the intent to commit a crime, typically theft, inside. Robbery always involves a victim being present.

Can a robbery charge be dropped or reduced? Yes, a robbery charge can be dropped or reduced through negotiations between the defense attorney and the prosecutor, particularly if there are issues with evidence, witness credibility, or if the accused has no prior criminal record.

Does robbery always involve the use of a weapon? No, robbery does not always involve the use of a weapon. Robbery can occur with the use of physical force, threats, or fear without a weapon. However, the presence of a weapon typically results in more severe charges and penalties.

How does Florida law define a “deadly weapon” in robbery cases? A “deadly weapon” in robbery cases is any object that can cause death or great bodily harm, even if it is not typically considered a weapon. This can include firearms, knives, or even objects like heavy tools.

Can juveniles be charged with robbery in Florida? Yes, juveniles can be charged with robbery in Florida. Depending on the severity of the case, such as the use of a weapon or previous criminal history, juveniles may be tried as adults, facing the same penalties as adult offenders.

Hire a Lawyer for Robbery in Brevard County, FL

If you have been charged with robbery in Florida, you need to contact an experienced criminal defense attorney immediately.

Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.