Robbery | Fort Lauderdale Criminal Defense Attorney Kenneth Padowitz Esq. Provides a Strategic Criminal Defense


Robbery
 

Under Florida state law, robbery is a property crime. Many states define robbery as a theft of money or property through the use of physical force, or intimidation/fear against the victim. Unlike burglary, to be charged with robbery there is almost always a victim present at the time of the offense; the victim also suffers through physical injury or is threatened, causing mental distress.

812.13 Robbery

(1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission.

(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

What are the Elements of the Crime that Must be Established to Prove a Robbery Occurred?

The prosecutor must show that a theft took place, meaning the property of the victim was taken without their consent; Intent to temporarily or permanently take control of the victim’s property must also be proven. The item or items that were stolen must have been taken from the victim’s body, or the immediate vicinity of the victim in which they had control over the item before the robbery occurred. The prosecutor must also prove that the use of physical force or intimidation was used to instill fear in the victim. This intimidation or use of force does not have to take place immediately prior to the theft to still be considered a robbery; it can take place during, before, or after the offense. Furthermore, the property that was taken from the victim must be of some value, even if it is valued extremely low. For example, a one-dollar bill stolen with the use of force may still result in a robbery charge.

What Are the Penalties if Convicted of Robbery?

Penalties vary depending on the type of robbery that one is charged with. For example, if the robbery was committed without the use of a firearm, deadly weapon, or any other weapon, then it is a felony of the second degree.

Armed robbery

Armed robbery is the act of stealing another person’s property while in the possession of a weapon that has the potential to inflict great bodily harm, including a gun or knife. These crimes qualify for the 10-20-Life law, which is a mandatory minimum sentencing law in Florida; this is put into effect when there is use of a firearm during the commission of a felony.

If a firearm is used during the robbery, the robbery is a felony of the first-degree. There is a 3-year minimum mandatory if convicted. If the gun was fired at any time during the commission of the crime, this may result in a 20-year minimum mandatory. Furthermore, if there was a serious injury as a result of the firearm, a conviction will bring a mandatory minimum of 25-years, allowing up to a life sentence.

Strong Armed Robbery, also known as mugging, is the taking of property from the person by force.

Purse Snatching

Purse snatching, also known as robbery by sudden snatching:

812.131Robbery by sudden snatching

(1) “Robbery by sudden snatching” means the taking of money or other property from the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. In order to satisfy this definition, it is not necessary to show that:

(a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or

(b) There was any resistance offered by the victim to the offender or that there was injury to the victim’s person.

(2)(a) If, in the course of committing a robbery by sudden snatching, the offender carried a firearm or other deadly weapon, the robbery by sudden snatching is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If, in the course of committing a robbery by sudden snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed “in the course of committing a robbery by sudden snatching” if the act occurs in an attempt to commit robbery by sudden snatching or in fleeing after the attempt or commission.

(b) An act shall be deemed “in the course of the taking” if the act occurs prior to, contemporaneous with, or subsequent to the taking of the property and if such act and the act of taking constitute a continuous series of acts or events.

 Home-Invasion Robbery

812.135Home-invasion robbery

(1) “Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

(2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s.775.084.

(b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.

(c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Fort Lauderdale Criminal Defense Attorney

Kenneth Padowitz Provides A Strategic Criminal Defense 

If you have been charged with robbery of any kind, or believe you may be charged sometime in the near future, give Kenneth Padowitz, Esq. a call to discuss your situation. Kenneth Padowitz is an experienced Fort Lauderdale criminal defense attorney with trial-proven results from cases across the United States. Don’t let this accusation rob you of your freedom. Call Kenneth Padowitz, P.A. today.