Generally, robbery is defined as the taking of property from another person’s with the use of force or threat. Robbery is a property crime and the victim of the robbery need not be harmed during the commission of the offense.
There are four elements needed to prove robbery:
- Taking from a person’s body or possession without consent.
- Property of some value, even if the value is very low.
- Use of physical force, threat, or intimidation to obtain the property.
- Intent to temporarily or permanently deprive the owner of the property.
Robberies can come in different varieties such as
- Home-invasion robbery
- Armed Robbery/ robbery with a firearm
- Robbery with a deadly weapon
- Robbery by sudden snatching/ strong-arm robbery
The punishment for a robbery conviction usually depends on whether the defendant carried or used a gun, firearm, deadly weapon, or other weapon. If the person accused of robbery is not armed with a firearm or other deadly weapon, he or she will face second degree felony charges, which carry up to 15 years in prison and $10,000 in fines.
Armed Robbery/ Robbery with a Firearm
Armed robbery is the commission of a robbery while carrying, displaying, or using a weapon. A robbery committed by someone carrying a gun will lead to harsher consequences even if the gun was never used during the robbery.
Under Florida Statute 775.087(2)(a)(1), the defendant may be sentenced under Florida’s 10/20/Life statute which carries minimum sentencing rules depending on how the gun was used.
- A minimum 10 year prison term for possessing a gun;
- A minimum 20 year prison term if the gun was discharged; and
- A minimum 25 year prison term if someone is injured or killed by the gun.
Robbery with a deadly weapon
Robbery with a deadly weapon occurs when and object is used or threatened to be used during a robbery in a way likely to produce death or great bodily harm. This charge can be brought if the weapon is in the defendant’s possession, even if it is never used. An object designed to be used as weapon, such as a club, is easily considered a deadly weapon. A deadly weapon, however, can also be an everyday object used or threatened in a way that could cause serious harm. A common example is a car if a person tries to run someone over.
The accused will face first degree felony charges. First degree felony charges carry a potential 30 year prison sentence and fines reaching $10,000. Defenses to Robbery with a Deadly Weapon
“Strong-arm robbery” describes any circumstance where force is used to complete the act when the victim is aware or becomes aware of the taking. It is also referred to as the self-explanatory “robbery by sudden snatching”