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Robbery

Robbery in Florida is a serious criminal offense that involves taking property from another person through the use of force, violence, assault, or putting the person in fear. Unlike theft, which involves taking property without direct confrontation, robbery involves a face-to-face encounter with the victim and the use of force or intimidation. Robbery is governed by Florida Statutes § 812.13. If you are facing robbery charges in Jacksonville you should contact a Duval County defense attorney today.  

Definition of Robbery:


Under Florida law, robbery occurs when a person:


1. Takes money or other property that belongs to another person.


2. Uses force, violence, assault, or intimidation to take the property or to overcome the victim's resistance.


3. Intends to permanently or temporarily deprive the person of the property.

Types of Robbery in Florida:


1. Robbery (Basic Form):


This involves taking property with the use of force or by putting the victim in fear, but without the use of a weapon.


Second-Degree Felony: Punishable by up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.

2. Armed Robbery:


Occurs when the offender uses or carries a weapon (such as a firearm or knife) during the robbery.


First-Degree Felony: Punishable by up to life in prison. If a firearm is used, Florida's "10-20-Life" law may apply, which imposes mandatory minimum sentences: 10 years for possessing a firearm, 20 years for firing it, and 25 years to life if someone is injured or killed.

3. Robbery with a Deadly Weapon:


This involves using a deadly weapon, such as a gun or knife, to commit the robbery. A deadly weapon is any object capable of causing death or great bodily harm.


First-Degree Felony: Punishable by up to life in prison.

4. Robbery with a Weapon:


Involves using a weapon that is not classified as a deadly weapon (e.g., a blunt object) to commit the robbery.


First-Degree Felony: Punishable by up to 30 years in prison.

5. Home Invasion Robbery:


This involves entering a dwelling with the intent to commit a robbery inside. If a weapon or firearm is used, it can lead to even more severe penalties.


First-Degree Felony: Punishable by up to life in prison.

6. Carjacking:


A specific type of robbery that involves taking a motor vehicle from someone using force, violence, or intimidation.


First-Degree Felony: Punishable by up to life in prison.

Penalties for Robbery:


The penalties for robbery in Florida depend on the type of robbery and whether a weapon or firearm was used. The basic penalties include:


Second-Degree Felony (Robbery without a Weapon): Up to 15 years in prison, 15 years of probation, and a $10,000 fine.


First-Degree Felony (Armed Robbery, Robbery with a Weapon, Home Invasion Robbery, or Carjacking): Up to 30 years to life in prison, probation, and fines.

Additionally, a robbery conviction can result in a permanent criminal record, loss of civil rights (such as the right to vote or possess firearms), and challenges in securing employment, housing, or education.

Defenses to Robbery:


Several defenses may be available to someone charged with robbery in Florida, depending on the circumstances of the case:

1. Lack of Force or Fear: If the prosecution cannot prove that force, violence, or intimidation was used, the charges may be reduced or dismissed.


2. Mistaken Identity: The defendant may argue that they were wrongly identified as the person who committed the robbery.


3. Consent: If the property was taken with the victim's consent, it may not constitute robbery.


4. Alibi: The defendant may present evidence that they were not present at the scene of the robbery.

Importance of Legal Representation:


Robbery is a serious crime in Florida with severe penalties, and a conviction can have long-lasting consequences. It is essential for anyone facing robbery charges to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.

In summary, **robbery in Florida** involves taking property from another person using force, violence, or intimidation. The severity of the charge depends on whether a weapon or firearm was used, with penalties ranging from 15 years in prison to life imprisonment. We will help defend against these charges and protect your rights.

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