Chad M. Seibel
Criminal Defense
407.846.8008
Robbery Defense
A robbery charge in Florida is a serious felony. Even a robbery with no weapon is a second-degree felony. If a firearm is involved, the law can require a long minimum prison sentence.
Chad Seibel is a former prosecutor. He knows how the State approaches a robbery case from the other side. If you or a family member has been charged, call or text 407-846-8008.
What Makes It Robbery
Under Florida law, robbery is taking money or property from another person or from their custody. The State must prove the taking involved force, violence, assault, or putting the person in fear (§ 812.13(1)). It must also prove intent to deprive the owner of the property, either permanently or temporarily.
The force does not have to happen at the exact moment of the taking. It counts if it happens "in the course of committing the robbery." That includes an attempt and flight afterward (§ 812.13(3)(a)). Force before, during, or after the taking counts if it forms one continuous series of events (§ 812.13(3)(b)).
Without force, violence, assault, or fear, the conduct does not meet the definition of robbery.
Degrees and Penalties
The degree of a robbery charge depends on what the person carried during the offense:
• Firearm or deadly weapon: First-degree felony punishable by up to life in prison (§ 812.13(2)(a)).
• Other weapon: First-degree felony punishable by up to 30 years in prison and a $10,000 fine (§ 812.13(2)(b); § 775.082(3)(b); § 775.083(1)(b)).
• No weapon: Second-degree felony punishable by up to 15 years in prison and a $10,000 fine (§ 812.13(2)(c); § 775.082(3)(d)).
Florida's 10-20-Life law adds mandatory minimum prison terms when a firearm is involved. Robbery and attempted robbery are covered (§ 775.087(2)(a)):
• Actual possession: At least 10 years if the person actually possessed a firearm or destructive device.
• Discharge: At least 20 years if the firearm was discharged.
• Death or great bodily harm: 25 years to life if the discharge caused death or great bodily harm.
Under 10-20-Life, the court cannot suspend the sentence or withhold adjudication. The person is not eligible for gain-time before serving the minimum (§ 775.087(2)).
A prior record can raise the stakes further:
• Prison Releasee Reoffender (PRR): If the robbery happened within 3 years of release from prison, the State may seek PRR sentencing. If proven, the law calls for the maximum sentence, served at 100 percent (§ 775.082(9)).
• Habitual offender laws: Prior felony convictions can lead to extended sentences. Robbery is a qualifying offense for habitual violent felony offender sentencing (§ 775.084(1)(b)).
Related Charges
• Robbery by sudden snatching: Taking property from a person's body when the person was or became aware of the taking. The State does not have to prove extra force, resistance, or injury. It is a third-degree felony, or a second-degree felony with a firearm or deadly weapon (§ 812.131).
• Home-invasion robbery: A robbery that occurs when the person enters a dwelling intending to rob (§ 812.135). See our Home Invasion Robbery page.
• Carjacking: Taking a motor vehicle by force, violence, assault, or fear (§ 812.133). See our Carjacking page.
How Robbery Cases Are Defended
Every case turns on its own facts. Common areas to examine include:
• Identity: A robbery can happen in seconds. The State must prove the accused is the person who committed the offense.
• Eyewitness issues: Stress, poor lighting, and distance can affect what a witness remembers. How a photo lineup was run can also matter.
• Video evidence: Surveillance footage may be blurry, partial, or missing key moments. It may not show what the State says it shows.
• Force versus theft: If there was no force, violence, assault, or fear, the facts may not support robbery. Timing matters too, since later force must be part of a continuous series of events.
• Intent: The State must prove intent to deprive the owner of the property. The facts may point to a different purpose.
• Weapon disputes: Whether an item was a weapon, and whether a firearm was actually possessed, affects both the degree and any mandatory minimum.
Frequently Asked Questions
Can I be charged with robbery if no one was hurt?
Yes. Florida's robbery statute does not require an injury. Putting someone in fear or committing an assault during the taking can be enough.
What if the force happened after I took the property?
It can still be robbery. Force used during flight, or as part of a continuous series of events with the taking, counts under § 812.13(3).
Does 10-20-Life apply to every armed robbery?
No. Those minimums apply when a firearm or destructive device was actually possessed. A robbery with a knife or other deadly weapon is still a first-degree felony punishable by up to life.
How is robbery by sudden snatching different from robbery?
It is a separate offense with lower penalties. The State does not have to prove force beyond what was needed to take the property from the person's body.
Talk to a Former Prosecutor Today
Early decisions in a robbery case matter. Chad Seibel is a former prosecutor who now defends people accused of crimes. Call or text 407-846-8008 to discuss your case.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.