WHAT DOES THE STATE HAVE TO PROVE TO CONVICT YOU OF A ROBBERY CHARGE IN FLORIDA?

The Robbery statute in Florida is Florida Statute § 812.13

To prove the crime of Robbery, the State must prove the following four elements beyond a reasonable doubt:

 

1. 1.    (Defendant) took the (money or property described in charge) from the person or custody of (person alleged).

 

1. 2.    Force, violence, assault, or putting in fear was used in the course of the taking.

 

1. 3.    The property taken was of some value.

 

1. 4.    The taking was with the intent to permanently or temporarily [deprive (victim) of [his] [her] right to the property or any benefit from it] [appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it].

 

Fear. Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997).

If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the victim need not be shown.

 

In the course of the taking.

    “In the course of the taking” means that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute a continuous series of acts or events.

 

Afterthought: DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012).

    If the taking of property occurred as an afterthought to the use of force or violence against the victim, the taking does not constitute robbery but may still constitute theft. 

 

Ownership: ​

    In order for a taking of property to be robbery, it is not necessary that the person robbed be the actual owner of the property. It is sufficient if the victim has the custody of the property at the time of the offense.

 

Force defined: 

    The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of robbery resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence. 

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Taking of property, control: 

    In order for a taking by force, violence, or putting in fear to be robbery, it is not necessary that the taking be from the person of the victim. It is sufficient if the property taken is under the actual control of the victim so that it cannot be taken without the use of force, violence, or intimidation directed against the victim.

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HOW MUCH PRISON TIME AM I FACING IN FLORIDA FOR A ROBBERY CHARGE? 

Robbery in Florida is a second degree felony and punishable by a period of prison up to 15 years unless enhanced by use of some type of weapon or firearm. If a weapon is used the robbery becomes a first degree felony punishable by up to 30 years in prison.  If a firearm is used minimum mandatory sentences would apply and the robbery is a first degree felony punishable by life in prison.  

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Enhancement for weapon or firearm

    If “in the course of committing the robbery” the defendant carried some kind of weapon. An act is “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.  A weapon is any object that could be used to cause death or inflict serious bodily harm.  

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Home Invasion Robbery-Florida Statute § 812.135

If the robbery takes place in a dwelling this is known as a home invasion robbery. A home invasion robbery committed without a weapon is a first degree felony. If a home invasion robbery is committed with a firearm or deadly weapon the charge is a first degree felony punishable by life.  If the home invasion robbery is committed with a weapon that is not a deadly weapon it is a first degree felony punishable by 30 years.