Robbery Charges in Florida
Tampa Criminal Defense Lawyer
Robbery is the taking of money or other property from a person by use of force, violence, assault or putting in fear. Robbery is an extremely serious offense that can result in severe penalties. It's not uncommon for a robbery charge to be punishable by a term of years not exceeding life in prison. In Florida, life in prison means you never get out - no early release and no parole.
The harsh penalties associated with robbery make it imperative that a person facing these charges has experienced and dedicated representation. The Law Office of Timothy Hessinger has extensive experience handling theft charges, and we can fight the allegations made against you.
Types of Robbery Offenses and Penalties in Florida
If the person committing the robbery carried a firearm, or other deadly weapon then it is a first degree robbery punishable by a term of years not exceeding life in prison. A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.
If during the course of committing the robbery the person carried a weapon then the robbery is a felony of the first degree punishable by a maximum of 30 years in prison. A "weapon" is any object that could be used to cause death or inflict serious bodily injury. If in the course of committing the robbery the person did not carry a firearm, deadly weapon, or weapon, then the robbery is a felony in the second degree punishable by up to 15 years in prison.
Robbery by sudden snatching:
- Robbery by sudden snatching is the taking of money or other property from the victim's person, when in the course of the taking the victim becomes aware of the taking. This offense is typically charged when the victim does not anticipate the theft such as in the case of some purse snatchings. It is not necessary for the offender to use any amount of force beyond the effort necessary to obtain the money or property. There is also no requirement that the victim use any force to resist the theft or that the victim was injured in any way.
- If the person committing a robbery by sudden snatching had a firearm or a deadly weapon then the charge is a second degree felony punishable by a maximum of 15 years in prison. If no firearm or other deadly weapon was carried the charge is a third degree felony punishable by a maximum five years in prison.
Carjacking:
- Carjacking is the taking of a motor vehicle from the custody of a person, when in the course of the taking there is use of force, violence, assault, or putting in fear.
- If during the course of the carjacking the person carried a firearm or other deadly weapon it is a felony in the first degree punishable by a term of years not exceeding life in prison.
- If no firearm or other deadly weapon was carried it is a first degree felony punishable by up to 30 years in prison.
Home-invasion robbery:
- Home invasion robbery means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery of the occupants therein.
- If during the course of the home-invasion robbery the person carried a firearm or other deadly weapon it is a felony in the first degree punishable by a term of years not exceeding life in prison.
- If during the course of committing the home-invasion robbery the person carried a weapon then the robbery is a felony of the first degree punishable by a maximum of 30 years in prison. A "weapon" is any object that could be used to cause death or inflict serious bodily injury.
- If in the course of committing the home-invasion robbery the person did not carry a firearm, deadly weapon, or weapon, then the robbery is a felony in the first degree punishable by up to 30 years in prison. Florida Statute 775.084 that sets forth enhanced penalties for certain offenders such as "habitual felony offenders" is not applicable to this charge.
Arrested for robbery in Tampa?
Hiring an attorney prior to the State Attorney filing formal charges can be very advantageous to the accused. The State Attorney conducts their own investigation on felony cases by taking sworn testimony from law enforcement offices and from the alleged victim. It's not uncommon for the police and the victim to provide a version of events that does not tell the entire story. Our team frequently provides the prosecutor with the other side of the story, mitigating facts, character information, or other evidence that would otherwise be unknown to the State Attorney. This additional information can often affect the severity and number of charges filed by the State Attorney.
Our Tampa criminal defense lawyer carefully examines every aspect of the evidence, looking for issues that cast doubt on the accusations. Were other people involved in the incident who were not interviewed by the police? Is the physical evidence collected by the police consistent with the victim's statement? Were the constitutional rights of the person accused violated in any way? Is there evidence that law enforcement slanted the statements they took from witnesses? Was the evidence properly collected and tested? Were acceptable methods of establishing the identity of the accused followed? These questions and many others must be asked in every case - no stone should be left unturned.
All types of robbery charges must be examined to determine what sentencing enhancements apply such as violent career criminal, prison release reoffender, habitual violent felony offender, and other minimum mandatory prison terms. If you are charged with robbery, or you are the subject of a robbery investigation, contact a Tampa robbery attorney from The Law Office of Timothy Hessinger without delay for the help you need.