Miami Robbery Attorney

How is robbery defined in Florida?

In Florida, robbery is defined under Sec. 812.13, Florida Statutes, as the intentional taking of money or other property from another person through the use of force, violence, assault, or threats. The critical element that differentiates robbery from theft is the use of physical force or intimidation to obtain the property.

It is important to note that the intent to deprive the owner of the property does not need to be permanent; even a temporary taking qualifies as robbery. This legal definition encompasses a wide range of actions, making robbery a serious offense with significant legal consequences.

What is considered strong arm robbery in Florida?

In Florida, armed robbery is a severe criminal offense that combines elements of theft and assault. It involves using a weapon or the threat of violence during a robbery.

For a charge of armed robbery to be brought, the prosecution must prove several critical elements:

• the defendant took or attempted to take money or property,
• intended to deprive the owner either permanently or temporarily, and was armed with a deadly weapon or firearm, or
• used a weapon to threaten or intimidate the victim.

Additionally, it must be shown that the victim feared for their life or serious bodily harm during the robbery. Given its serious nature, armed robbery carries harsh penalties, and those facing such charges should seek experienced legal representation to ensure their rights are protected.

What’s the Difference Between Armed Robbery and Strong-Arm Robbery?

In Florida, robbery charges are classified into two categories: armed robbery and strong-arm robbery. Understanding the distinction between these two forms of robbery is crucial when facing charges or planning a defense.

Armed Robbery

Armed robbery occurs when the suspect uses or threatens to use an offensive weapon or dangerous instrument, such as a gun or knife, during the commission of the crime. This type of robbery significantly heightens the severity of the offense due to the potential for severe injury or death. The penalties for armed robbery in Florida are severe, with potential sentences ranging from a minimum of 10 years to life imprisonment, depending on the circumstances and whether any injury occurred.

Strong Arm Robbery

Strong arm robbery, on the other hand, involves the use of brute strength and violence to forcibly take another person’s property without the use of a weapon. Even in the absence of a weapon, strong arm robbery is a serious offense in Florida. Depending on the amount of money taken and whether any injury occurred, the penalties for strong arm robbery can include substantial prison time, with maximum sentences ranging from 5 years to 15 years or more.

Both armed robbery and strong-arm robbery are felony offenses in Florida, and each carries severe consequences.

What are the penalties for robbery charges in Florida?

In Florida, robbery charges carry severe penalties that vary depending on the specific circumstances of the crime. Understanding these penalties is crucial for anyone facing such charges.

For a standard robbery, which is also known as strong-arm robbery and classified as a second-degree felony, the penalties can include up to 15 years in prison and fines up to $10,000. The charge carries a severity level of 6 (or 36 points) under the Criminal Punishment Code.

Assuming there are no aggravating circumstances, such as prior criminal convictions, there is no minimum mandatory sentence. This means that even though the judge can sentence you up to the maximum prison time, the judge is not required to order any amount of prison time.

Is robbery the same as possession of stolen property in Florida?

Robbery and possession of stolen property are two distinct crimes in Florida.

Robbery is defined as the taking of property from another person using force, violence, or threats, as stated in the Florida Statute 812.131. The crime of robbery is a more serious offense than possession of stolen property, as it involves the use of force or the threat of force to take property.

Possession of stolen property, on the other hand, is defined as the act of having or holding stolen property, as stated in the Florida Statute 812.019. This crime is considered a lesser offense than robbery, as it does not involve the use of force or the threat of force to take property.

In Florida, the crime of robbery is a more serious offense than possession of stolen property, and it carries more severe penalties. For example, a conviction for robbery can result in a life sentence, while a conviction for possession of stolen property typically carries a maximum sentence of up to five years in prison.

Penalties for additional types of robbery are as follows:

Armed Robbery

Definition: Involves the use or threat of a deadly weapon or firearm during the robbery.

Penalties: Armed robbery is classified as a first-degree felony in Florida. Penalties can include a minimum of 10 years to life imprisonment, especially if a firearm was used, due to Florida’s 10-20-Life law. If the crime results in injury or death, the penalties can be even more severe.

Strong Arm Robbery

Definition: Involves the use of physical force or violence to take someone’s property without a weapon.

Penalties: Strong arm robbery is classified as a second-degree felony. Penalties can include up to 15 years in prison, 15 years of probation, and fines up to $10,000.

Robbery by Sudden Snatching

Definition: Taking someone’s property directly from their person without their consent, typically involving minimal force.

Penalties: This is classified as a third-degree felony, carrying penalties of up to 5 years in prison, 5 years of probation, and fines up to $5,000.

Home-Invasion Robbery

Definition: Involves entering a dwelling with the intent to commit robbery inside.

Penalties: This is classified as a first-degree felony and can carry penalties of up to life imprisonment, especially if a weapon is used or if occupants are injured.

Additional Factors Influencing Penalties:

Use of a Firearm: Florida’s 10-20-Life law imposes mandatory minimum sentences for crimes involving firearms. A minimum of 10 years for possession, 20 years for discharging, and 25 years to life if someone is injured or killed.

Injury to Victims: If the robbery results in physical harm to the victim, the penalties can be significantly increased.

Prior Criminal Record: A defendant’s prior criminal history can also impact the severity of the sentence.

Is robbery the same as receiving stolen property in Florida?

In Florida, robbery and receiving stolen property are distinct criminal offenses, each with its own set of elements and penalties.

Robbery

Robbery involves taking money or property from another person through force, violence, assault, or threat.

It is classified as a felony offense and can result in severe penalties, including up to life imprisonment.

Robbery can occur with or without the use of a weapon and may involve physical harm or the threat of harm to the victim.

Receiving Stolen Property

Receiving stolen property, also known as dealing in stolen property, entails buying, selling, or possessing stolen goods with the intent to sell or dispose of them.

It is classified as a felony offense and carries penalties of up to 15 years in prison and a $10,000 fine.

Unlike robbery, receiving stolen property does not necessarily involve force, violence, or threat. It can occur even without knowledge of the property’s stolen status.

If you are facing charges related to any type of robbery charges, seeking immediate legal counsel from Nayib Hassan is crucial to understanding your rights and navigate the legal process effectively.