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Robbery

If you are charged with the crime of Robbery, the State is claiming that you stole another’s property, and while taking that property, you used “force, violence, or put the victim in fear.” Robbery can be charged in many different ways, such as the standard definition found in Fla. Stat. 812.13, or:

  • Robbery by Sudden Snatching, Fla. Stat. 812.131
  • Home Invasion Robbery, Fla. Stat. 812.135
  • Carjacking, Fla. Stat. 812.133

Attorney Matthew Thompson is a former prosecutor who spent the first five (5) years of his legal career with the State Attorney’s Office in DeLand, Florida. During his time at the State Attorney’s Office, Attorney Thompson handled numerous robbery cases in conjunction with the career criminal statutes. Attorney Thompson is well versed in the intricacies of the robbery charge, the defenses for robbery, and the career criminal statutes. Attorney Matt Thompson has real world trial experience in DeLand, Florida, with the crime of robbery and would be honored to represent you.

No matter how the State decides to charge you, the State has the burden to prove that you used force, violence, assault, or put the victim in fear, during the course of the taking. This is what separates robbery from a simple burglary charge. If charged with any version of robbery, even if it is your very first time being arrested, you may face a substantial prison sentence.

It is not necessary to use a weapon during a robbery to be charged, however, if the State is alleging that you used a weapon, then the crime of robbery may be enhanced. The charge will be further enhanced if the weapon you used was a firearm.

To prove the crime of Robbery, the State must prove the following four (4) elements beyond a reasonable doubt:

  • The Defendant took money or property from the custody of the victim.
  • Force, violence, assault, or putting in fear was used during the taking.
  • The property taken from the victim was of some value.
  • The Defendant took the money or property with the intent to permanently or temporarily deprive the victim of his or her own use.

The difference between robbery and burglary is that robbery is a crime of violence. Being charged and convicted of robbery can have serious implications on your future and your ability to obtain future employment. Employers often view potential employees with a crime of violence in their past as a liability. In addition, the stakes are high when you are charged with any crime of violence, especially robbery. Hiring a defense attorney to defend you for a robbery is an important choice.

Robbery by Sudden Snatching (Fla. Std. Jury Instructions 15.4):

  • To prove the crime of Robbery by Sudden Snatching, the State must prove the following four elements, beyond a reasonable doubt:

    • The Defendant took money or property from the victim;
    • The property taken was of some value;
    • The taking was with the intent to permanently or temporarily deprive the victim of their right to the property; and
    • In the course of the taking, the victim was or became aware of the taking.

When you think of Robbery by Sudden Snatching, think of a purse snatcher. The difference between a purse snatcher and a pick-pocket is the fourth element, that the victim becomes aware of the taking.

Home Invasion Robbery (Fla. Std. Jury Instructions 15.3):

  • To prove the crime of Home Invasion Robbery, the State must prove the following three elements, beyond a reasonable doubt:

    • The Defendant entered the victim’s dwelling (or home);
    • At the time the Defendant entered the dwelling, the Defendant intended to commit robbery;
    • While inside the dwelling, the Defendant did commit the robbery.

The State of Florida has a serious interest in protecting its citizens against people breaking into their homes, and against people creating fear in someone else to facilitate taking property. The State of Florida comes down hard on the crime of robbery and typically the State seeks some type of incarceration.

Career Criminal Statutes

In addition, if you have been to prison before, and upon being released you have been charged with robbery, you may face career criminal sentencing such as “Habitual Felony Offender” (Fla. Stat. 775.084) or “Prison Releasee Reoffender” (Fla. Stat. 775.082). If you are prosecuted under the career criminal statutes, you may face a mandatory maximum sentence, or double your exposure (for example, a second degree felony can be punished by up to thirty years instead of fifteen). Attorney Matt Thompson has extensive experience with Florida’s career criminal statutes and can advise you as to how these statutes will affect your case going forward.

Lesser Included Crimes to Robbery

Robbery is a crime that contains numerous “lesser included crimes.” This can be of value to you if the State is unable to prove certain elements in the crime of robbery. Some of the lesser included crimes are: burglary, petit theft, and resisting a merchant.

The Thompson Law Approach

Thompson Law protects your liberties, your rights to due process, and works tirelessly to defend your case. Thompson Law offers free consultations to discuss your case before you decide to hire Attorney Matt Thompson. Every case is different and Thompson Law learns about you, the circumstances surrounding your case, and chooses a strategy for your defense. Please call Thompson Law today to set up a free consultation (386) 463-4LAW (4529) or toll free at (877) 934-4LAW (4529).

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