The lawyers of Dimond Kaplan & Rothstein, P.A., located in West Palm Beach, FL, provide criminal defense for those facing robbery charges.
People often confuse the terms theft, robbery and burglary. But there are important distinctions.
What is Robbery?
In Florida, robbery is defined by the law as:
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.
In other words, robbery is the act of taking or trying to take something from someone that has value by using force, intimidation or threat. And to be classified as a robbery, the victim must be present.
In order to be charged with robbery, it must be established that the perpetrator has taken money or property without consent from a victim’s body, from his or her immediate vicinity, or from a place within the victim’s control, such as the victim’s home. The perpetrator must have obtained the money or property from the victim by using intimidation, threat, or physical force which caused the victim to feel fear. Florida statutes establish specific types of robbery, including “robbery by sudden snatching,” carjacking, and home invasion.
Punishment for Robbery in Florida
Punishment for a robbery conviction often depends on whether the defendant carried or used a firearm or other deadly weapon in the execution of the crime. While robbery without a weapon might be prosecuted as a second degree felony, if a weapon is used, the crime is now classified as armed robbery – a first degree felony carrying a potential life sentence of imprisonment. In addition, Florida state laws require the prosecution of a home-invasion robbery as a first degree felony regardless of whether the defendant carried or used a weapon.
In Florida, the punishment for robbery is outlined by statute:
- (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.
- (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.
Contact an aggressive, experienced criminal defense lawyer that is experienced with robbery charges in West Palm Beach
If you have questions regarding theft charges, please do not hesitate to contact us for a free consultation so we can review your case. We are happy to meet or speak with you anytime. Our legal team is experienced, aggressive, compassionate, and will fight for your rights!