Robbery
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Robbery

Under Title XLVI, Chapter 812, § 812.13 of the Florida Statutes, Robbery is a serious criminal charge that involves the taking of money or property from a person by another person while using force, violence, or assault, or by instilling fear in the victim.

Robbery is theft, but robbery is always a more serious charge than most other theft, larceny, or burglary charges because it involves intent to steal and some type of intimidation. In Florida, robbery is always a felony charge, with a long prison sentence and severe fines imposed upon conviction. In addition, a robbery charge is often combined with other criminal charges.

Other crimes addressed by Florida's robbery statutes include home invasion (F.S. § 812.135), carjacking (F.S. § 812.133), and robbery by sudden snatching (F.S. § 812.131).

Attorneys for Robbery Charges in Brevard County, Florida

If you were charged with robbery in Brevard County, FL or in any of its cities, including Palm Bay, Melbourne, Titusville, Rockledge, or a smaller community such as Merritt Island, Viera, or Cocoa, or in the adjacent counties of Volusia, Orange, Osceola, or Indian River, you should consult with an experienced local criminal defense attorney about your case.

The dedicated lawyers at Law Offices of Germain & McCarthy, LLC are experienced in defending people accused of robbery all along Florida's Space Coast. Our attorneys may be able to find problems with the prosecution's case or the arrest. Witnesses may lack credibility, or no money or property may have even been taken. Law Offices of Germain & McCarthy, LLC knows how to attack a robbery charge from many angles, which may result in a reduction or dismissal of charges.

Don't think that a robbery charge is a minor matter that can be handled without a capable and proven attorney. Your freedom depends on skillful, insightful legal representation, so call Law Offices of Germain & McCarthy, LLC today at (321) 253-3447 to schedule a free, no-obligation appointment to discuss your case.

Robbery in Melbourne, FL

Robbery is a crime of violence and therefore it is treated harshly in Melbourne, Florida under Florida law.

According to the Florida Statutes, § 812.13, "Robbery" means the "taking of money or other property … 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."

The statutory language adds that the money or other property stolen "may be the subject of larceny," which applies to thefts from occupied vehicles.

The robbery statutes further define “in the course of committing the robbery” as occurring "in an attempt to commit robbery or in flight after the attempt or commission" (F.S. § 812.13(3)(a)).

"In the course of the taking” is defined as occurring "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" (F.S. § 812.13(3)(b)).


Florida Robbery Information Center


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Elements of Robbery under F.S. § 812.13

To be convicted of Robbery in Florida under F.S. § 812.13, the prosecution must prove four elements beyond any reasonable doubt, enumerated in § 15.1 of the Florida Supreme Court's Standard Jury Instructions in Criminal Cases:

  • The defendant took the money or property described in the 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; and
  • The taking was with the intent to permanently or temporarily derive the victim or 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

Five pages of jury instructions provide additional legal definitions for related legal terms, including definitions for "force": The taking (of money or property) 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."

A victim need not resist a robbery if the victim fears death or great bodily harm by resisting. "If the circumstances were such as to ordinarily induce fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the victim need not be shown," the jury instructions state.


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Penalties for Robbery in Melbourne, FL

A robbery is a second-degree felony in Florida, punishable upon conviction by a prison sentence of up to 15 years and a fine of up to $5,000 (See F.S. § 812.13(2)(c)).

Robbery charges are elevated if a suspect is alleged to carry a firearm, deadly weapon, or other weapon in the course of committing the robbery or while fleeing after the commission of a robbery (F.S. §§ 812.13(2)(a) and (2)(b)).

A person who carries a firearm or a deadly weapon while committing a robbery will be charged with a first-degree felony in Florida, punishable by up to a life sentence in prison and a fine of up to $10,000 (F.S. § 812.13(2)(a)).

A person who uses a non-deadly weapon while committing a robbery will be also charged with a first-degree felony, but the maximum punishment is "reduced" to up to 30 years in prison, while the fine remains at up to $10,000 (F.S. § 812.13(2)(b)).

(See also F.S. §§ 775.082, 775.083, and 775.084 for penalties imposed for criminal offenses.)


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Additional Resources

Florida Statutes, Title XLVI, Chapters 812.13 — Robbery — Read the section of the Florida statutes related to robbery.

Florida Supreme Court, Standard Criminal Jury Instructions in Criminal Cases 15.1 (Robbery) — Find a link to the exact instructions that are delivered to juries in robbery cases in Florida.


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Attorney for Robbery Charges in Melbourne and Brevard County, FL

If you were arrested for robbery in Melbourne, Florida, or Brevard County, FL, it is vitally important that you speak with an experienced criminal defense attorney to assist you through the legal process in order to preserve your rights and your freedom.

Law Offices of Germain & McCarthy, LLC possesses the experience and knowledge to defend you against a robbery charge. We may be able to show that any criminal allegations made by the State lack intent or expose other problems with the State's case. We are often able to obtain a reduction or dismissal of charges in criminal cases.

At Law Offices of Germain & McCarthy, LLC, we represent clients all over Brevard County, including Melbourne, Palm Bay, Titusville, Cocoa, and Rockledge. We also represent clients in Indian River, Osceola, Orange, and Volusia counties. Our goal is to obtain the best favorable outcome in every case.

Call Law Offices of Germain & McCarthy, LLC today at (321) 253-3447 to schedule a free consultation about your robbery charges with one of our knowledgeable criminal defense lawyers.


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