According to Florida Statute 812.13, robbery is deemed as the act of intentionally and unlawfully taking money or property that belongs to another person without their permission. When the perpetrator adopts any kind of verbal or non-verbal threats or force to take away the property, that is a robbery. Such acts are considered a second degree felony.
However, if the defendant has used a weapon to assault or threaten the victim into handing over their belongings, that becomes aggravated robbery and carries more serious penalties. The intention behind the robbery should be to deprive the owner of their property regardless of whether it was temporarily or permanently.
Getting Competent Legal Representation Should be a Priority
If you’ve been charged with larceny or robbery, contact us at Smith & Eulo right away. You’ll get advice on how to handle the situation and work out a defense strategy to prove your innocence that is suited to your specific situation. For instance, you can explain that the incidence was committed under duress from another person. Or, that you were intoxicated and not conscious of your actions. Like our experienced attorneys will explain, it is up to the prosecution to prove your guilt without reasonable doubt.
Robbery Charges Can be of Different Types
Robbery charges are categorized into different kinds depending on the nature of the offense. These charges can range from crimes like pickpocketing to home invasion, carjacking, and holding up a bank. The underlying factors that differentiate the offense and applicable penalties are the use of a firearm or any other weapon to threaten or intimidate the victim and the victim’s presence on the scene. Here’s how that works.
Third Degree Offense
Third degree offenses carry the most lenient penalties since they are considered the simplest of crimes. For instance, when the perpetrator commits the offense without any force, threat, or violence, and sometimes without the victim being aware that they are being robbed. Purse snatching, grabbing a mobile phone, or shoplifting are all examples of such crimes.
Second Degree Offense
These offenses typically involve some kind of force and result in minimal injuries to the victim. To go with the earlier examples, snatching a purse and pushing the victim to grab it so that the owner falls to the ground. Such robberies are considered second degree crimes and incur more serious penalties.
First Degree Offense
These crimes carry the maximum penalties since they are carried out with the use of a deadly weapon or a gun to threaten or intimidate the victim with possible harm. For instance, walking into a store and grabbing cash when the owner is not looking is a third degree. However, pointing a gun at the owner, demanding that they hand over the cash, and taking off with the money is first degree robbery. The charges will apply even if the perpetrator did not actually harm the victim or used an artificial gun.
Applicable Penalties for Robbery in Florida Law
Florida Law recognizes each robbery, armed or otherwise, as a unique set of circumstances and awards penalties accordingly. The value of the property stolen, the age of the perpetrator, and any previous records of similar crimes influence the penalties ordered by the courts. Whether or not the offender truly regrets their actions and any other mitigating evidence can reduce the sentence. The judge may also take into consideration the victim’s fear for their safety and if they believed they could have been harmed.
- Third degree felonies carry penalties such as 5 years in prison or 5 years on probation. If the particular crime is a Class D felony, the judge may order 7 years’ imprisonment. Sentencing can also depend on any prior convictions.
- Second degree felonies where the offender used force can incur up to a 15 years prison term or 15 years probation. A fine of $10,000 may also be awarded.
- Third degree felonies or aggravated robbery where the perpetrator used weapons is the most serious robbery offense that can incur a 30-year prison term.
Trust in the Expertise of the Experienced Attorneys at Smith & Eulo
Robbery charges in Florida are sentenced under the 10-20-Life regulation where offenders can get sentences ranging from 10 years to 30 years depending on the specific circumstances. To avoid such penalties, you absolutely need legal representation from our attorneys at Smith & Eulo who know how to navigate the judicial system and uphold your rights in court in Polk County and beyond. Call us today for your free consultation.