F.S. 812.13, F.S. 812.131, F.S. 812.133, F.S. 812.135 – Florida Robbery Offenses

Robbery offenses in Florida are serious crimes with severe consequences. As a Fort Lauderdale criminal defense lawyer can explain, Broward County robbery charges often involve taking or attempting to take another person’s property using force, violence, assaults, or threats.

Robbery is treated as a much more serious offense compared to other types of theft or even burglary, due to the fact that violence or the threat of violence is a key component in most robbery cases. That’s why it’s pretty much always charged as a felony.

If you or a loved one is arrested for robbery in Broward County, it is crucial to understand the laws, penalties, and potential defenses available. Here, we’ll break down key Florida statutes related to some of the most common robbery offenses:

• F.S. 812.13 (Robbery)

• F.S. 812.131 (Robbery by Sudden Snatching)

• F.S. 812.133 (Carjacking)

• F.S. 812.135 (Home-Invasion Robbery)

Even if you’re feeling hopeless because there’s a mountain of evidence against you, an experienced criminal defense lawyer still has strategies that can go a long way toward potentially reducing the charges and/or the penalties you’re facing.

Under F.S. § 812.13, robbery is defined as the unlawful taking of money or other property with the intent to temporarily or permanently deprive the victim of the property, using force, violence, assault, or fear during the commission of the act.

Fundamentally, the offense involves:

1. Unlawful Taking. The defendant must have taken property that did not belong to them.
2. Intent. The intent to deprive the victim of their property temporarily or permanently.
3. Use of Force or Threats. There must be force, violence, or threats sufficient to cause fear in the victim during the act.

In general, robbery is a second-degree felony. If it is not alleged that the defendant used a firearm or some other weapon, the maximum penalty is probably going to be 15 years in prison and a $10,000 fine. 

However, if the defendant is accused of using a gun or some other deadly weapon, the offense is bumped up to a first-degree felony, punishable by up to life imprisonment, per F.S. § 775.087. It’s worth noting that you don’t necessarily have to fire the gun or even point it at someone during the offense in order for this aggravating factor to be applied.  

Robbery by sudden snatching occurs when the offender takes property directly from the victim's person, intending to deprive them of it, and the victim becomes aware of the taking during the act.

To win their case against a defendant, the state attorney’s office must prove the following elements of fact beyond a reasonable doubt: 

1. Taking Property. The property must be taken from the victim’s person or their immediate vicinity.
2. Awareness. The victim must realize the taking while it is happening.
3. Force Not Required. Unlike other robbery charges, robbery by sudden snatching does not require threats or violence – but it may involve minimal physical contact.

In the 2001 case of Brown v. State, Florida’s 4th District Court of Appeal ruled that the act of taking property from a victim’s hand, without additional violence, was enough to satisfy the statutory elements of robbery by sudden snatching in Florida.

Robbery by sudden snatching is categorized as a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. However, that assumes you did not use a weapon. If you did have a firearm or some other deadly weapon – even if you didn’t use it – you could instead be facing a second-degree felony charge, which is punishable by up to 15 years in prison.

Carjacking involves the taking of a motor vehicle from another person using force, violence, assault, or putting the victim in fear.

Prosecutors must prove:

• Motor vehicle. The property that was taken was a motor vehicle. As outlined in F.S. 322.01, a “motor vehicle” is any self-propelled vehicle, including a motor vehicle combination (something operated in conjunction with one or more vehicles), that is not operated upon rails or guide ways. Most commonly, this will be cars and trucks, but could also be certain kinds of gas-powered mopeds or scooters. Excluded is any vehicle that operates solely on human power, motorized wheelchairs, and electric bicycles. 
• Use of force or fear. The offender must employ either physical force or intimidation to take the vehicle from its rightful owner/operator.

Armed carjacking with a firearm or some other deadly weapon is considered a first-degree felony punishable by up to life imprisonment. Unarmed carjacking is also a first-degree felony, though the maximum penalty is 30 years in prison instead of life. 

Home-invasion robbery is one of the most serious types of robbery from the law’s perspective because it involves the invasion of one’s living space. The statute defines home invasion robbery as the act of entering a dwelling with the intent to commit robbery and carrying out that intent while inside.

To gain a conviction, prosecutors must prove the following elements: 

1. Entering a Dwelling. The offender unlawfully enters the victim’s residence.
2. Robbery. Property is taken from the occupants through force, violence, or fear.
3. Presence of Occupants. The home must be occupied at the time of the offense.

If the home was not occupied, a defendant might still be charged with burglary – a serious felony in its own right, but not so serious as a home invasion robbery. (Note: One can also be charged with burglary in an occupied dwelling. The difference hinges on the use of force.)

If the defendant was allegedly armed at the time of a home invasion robbery, it’s a first-degree felony for which the maximum penalty is life in prison. If the defendant was unarmed, it’s still a first-degree felony, but with a maximum sentence of 30 years in prison.

All Florida robbery offenses involve the unlawful taking of property with intent to deprive the victim of that property. Each share the common elements of force, violence, or intimidation (with the exception of robbery by sudden snatching). Additionally, each will be escalated to a more serious offense if there are guns or other weapons involved.

The primary differences involve the target property and the context. General robbery, for example, can apply to any property. Carjacking, meanwhile, is solely focused on robbing someone of their vehicle. A home invasion robbery involves going into someone’s home or dwelling to rob them, while other types of robbery can happen really anywhere. 

A skilled Broward County criminal defense attorney can employ various strategies to challenge robbery charges. Among the approaches we might take:

1. Lack of Evidence. The prosecution must prove every element of the offense beyond a reasonable doubt. Weak or circumstantial evidence can be challenged.
2. Misidentified defendant. Eyewitness testimony is often unreliable, and mistaken identity defenses can be effective.
3. Consent. In rare cases, the defense may argue that the property was taken with the victim’s consent.
4. Coercion or Duress. If the defendant was forced to commit the robbery under threat of harm, this can be a viable defense.
5. Violation of Rights. Evidence obtained unlawfully may be suppressed, weakening the prosecution’s case.

Robbery charges carry severe penalties, and Florida courts take these offenses seriously. From negotiating plea deals to challenging evidence in court, an experienced criminal defense attorney is your best ally in navigating this complex legal process.

At our Fort Lauderdale law firm, we understand the stakes. With a deep knowledge of Florida robbery statutes and case law, we are committed to providing an aggressive, results-driven defense for our clients. 

If you or a loved one is facing robbery charges in Broward County, contact us today to schedule a consultation.

Contact the Fort Lauderdale Criminal Defense Lawyers at The Law Offices of Richard Ansara by calling (954) 761-4011.