Under Florida Statute Section 812.13, the criminal offense of robbery involves proof beyond a reasonable doubt of four elements:
The defendant took the money or property described in charge from the person or custody of the alleged victim;
Force, violence, assault, or putting in fear was used in the course of the taking;
The property taken was of some value;
The taking was with the intent to permanently or temporarily deprive the alleged victim of his or her right to the property or any benefit from it or to appropriate the property of the victim to his or her own use or to the use of any person not entitled to it.
Attorneys for Robbery Crimes in Tampa, FL
If you have been charged with the very serious criminal offense of robbery or home invasion robbery then contact an experienced criminal defense attorney at the Sammis Law Firm. We represent clients charged with robbery throughout Tampa and Hillsborough County, FL.
Contact us to speak with an experienced criminal defense attorney for any charge of robbery, home-invasion robbery, or robbery by sudden snatching, or strong-arm robbery in Tampa, Hillsborough County, St. Petersburg or Clearwater in Pinellas County, Bartow or Lakeland in Polk County, New Port Richey or Dade City, in Brooksville in Hernando County, FL.
Call (813) 250-0500.
Jury Instructions for Robbery Charges
The standard jury instructions in Section 15.1 provide for various definitions related to the robbery statute. For example the term “in the course of taking” is defined to mean “that the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute continuous series of acts or events.”
The standard jury instructions also provide an instruction related to the term force which reads: “The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist.
The law does not require that the victim of robbery resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence.
In cases involving a victim that is allegedly unconscious, the instructions provide that “it is also robbery if a person, with intent to take the property from a victim, administers any substance to another so that the victim becomes unconscious and then takes the property from the person or custody of the victim.”
Definitions Related to Robbery in Florida
The term “title to property” means that in order for a taking of property to be robbery, Florida law provides that “it is not necessary that the person robbed be the actual owner of the property.” Instead, it is sufficient if the victim has the custody of the property at the time of the offense.
As to the term “taking” the instructions provide that “In order for a taking by force, violence, or putting in fear to be robbery, it is not necessary that the taking be from the person of the victim. It is sufficient if the property taken is under the actual control of the victim so that it cannot be taken without the use of force, violence, or intimidation directed against the victim.”
The term “dwelling” is defined to mean a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it.
Enhanced Penalties for a Weapon, Deadly Weapon or Firearm
Under Florida’s robbery statute, certain enhanced penalties apply if the jury finds that the defendant is guilty of the crime of robbery, and further determines beyond a reasonable doubt that “in the course of committing the robbery” the defendant carried some kind of weapon. Other enhanced penalties apply if the jury finds that the defendant carried a deadly weapon or firearm.
The jury is instructed that an act is “in the course of committing the robbery” if it occurs in an attempt to commit robbery or in flight after the attempt or commission. Thus, if the jury finds the defendant guilty of robbery, then the jury must also consider whether the prosecutor with the State Attorney’s Office has further proved those aggravating circumstances which are then reflected in the verdict.
Lesser Included Offense of Robbery
Lesser included offenses to Home Invasion Robbery under Florida Statute Section 812.135 could include:
- Robbery with a weapon – 812.13(2)(b)
- Robbery – 812.13(2)(c)
- Burglary – 810.02(4)
- Aggravated Battery – 784.045
- Battery – 784.03
- Aggravated Assault – 784.021
- Assault – 784.011
- Attempt – 777.04(1)
- Burglary – 810.02(3)
- Trespass – 810.08
- Petit Theft – 812.014(3)(a) or 812.014(2)(e)
Finding an Attorney for a Robbery Charge in Tampa, FL
If you were charged with a robbery charge such as robbery, robbery by sudden snatching or home-invasion robbery, then contact the attorneys with the Sammis Law Firm. We fight for clients charged with robbery and other types of theft crimes in Tampa and Hillsborough County, FL.
We provide free consultations to discuss the charges either on the phone or in the office. Call (813) 250-0500 to talk with an attorney at the Sammis Law Firm today about the serious criminal offense of robbery, home-invasion, or robbery by sudden snatching in St. Petersburg or Clearwater in Pinellas County, New Port Richey or Dade City in Pasco County, Lakeland or Bartow in Polk County, or Brooksville in Hernando County, FL.
This article was last updated by Jason Sammis on Friday, June 1, 2018.