Robbery Defense in Florida



Introduction

Robbery is a violent crime that combines theft with force, threat, or intimidation. Florida law distinguishes between different types of robbery based on the circumstances: robbery by sudden snatching (where the victim must be aware of the taking), robbery without a weapon, robbery with a weapon, home invasion robbery, and carjacking. Each carries its own statutory definition and penalties. What unites them is the element of force or fear—that's what separates robbery from simple theft.


Robbery cases often hinge on eyewitness identification, witness credibility, and whether the evidence genuinely supports the force or fear element. A person who takes something from someone without permission is not committing robbery unless force or fear was involved. And eyewitness identifications in robbery cases—often made under stressful circumstances, sometimes at a distance, and not infrequently influenced by suggestive police procedures—are frequently unreliable. At The Law Offices of Anabelle Dias, P.A., we challenge robbery cases by rigorously testing eyewitness identification, analyzing surveillance footage, and proving that the evidence does not support the force element the prosecution claims.

Robbery cases in Tallahassee and Leon County are prosecuted aggressively by the State Attorney's Office, and investigations typically involve the Tallahassee Police Department or Leon County Sheriff's Office. If you are facing robbery charges in the Second Judicial Circuit, experienced defense counsel is essential. Our office is located at 521 North Adams Street in Tallahassee, near the Leon County Courthouse.


Related Practice Areas

Weapons & Firearms | Assault & Battery | Conspiracy

Types of Charges

Robbery by Sudden Snatching (Florida Statute § 812.131)

Robbery by sudden snatching is taking property from a person by a sudden snatching motion with the intent to permanently or temporarily deprive the person of the use or benefit of the property. The critical distinction is that the victim must be aware of the taking—the victim must perceive that something is being taken. A pickpocket who takes a wallet from a purse without the victim noticing is not committing robbery by sudden snatching; if the victim becomes aware of the taking, or if the taking causes the victim to lose their grip and realize what happened, that awareness element is satisfied. Sudden snatching is typically a felony, with penalties escalating based on the value of property taken.


Robbery Without a Weapon (Florida Statute § 812.13(2)(c))

Robbery without a weapon is the taking of money or other property from a person against their will by force, violence, assault, or putting the person in fear. This is simple robbery—no weapon is involved, but force or fear is essential. The force doesn't need to be severe; even minor force or a credible threat of force satisfies the statute. The key is that the taking must be against the victim's will and motivated by force or fear. Robbery without a weapon is typically charged as a felony.


Robbery With a Weapon (Florida Statute § 812.13(2)(b))

Robbery with a weapon involves taking property from a person by force, violence, assault, or putting in fear while armed with a weapon or while having in one's possession an object fashioned or intended as a weapon or simulated to be a weapon. The weapon doesn't need to be real—a simulated weapon (a toy gun presented as real, a stick presented as a gun) satisfies the statute. Robbery with a weapon is more seriously charged than simple robbery and typically results in felony charges with more substantial penalties. If a firearm is used, 10-20-Life sentencing enhancements apply.


Home Invasion Robbery (Florida Statute § 812.135)

Home invasion robbery is entering a dwelling with intent to commit robbery, or committing robbery after entering a dwelling, if in the course of committing the robbery you act with force against a person or threaten to use force against a person. Home invasion robbery is a serious felony because it violates the sanctity of the home and typically involves confrontation with residents in their most vulnerable moments. Penalties are substantial, and the offense often results in significant prison sentences.


Carjacking (Florida Statute § 812.133)

Carjacking is taking a motor vehicle from a person by force, violence, assault, or putting in fear, with intent to temporarily or permanently deprive the person of use or possession. Carjacking is essentially robbery of a vehicle. The offense requires that the vehicle be taken from a person through force or fear, not simply from an unattended location. Carjacking is a serious felony, and if a firearm is used, 10-20-Life enhancements apply.


How Penalties Are Determined

Robbery penalties depend on several factors:


Type of Robbery: Robbery with a weapon is penalized more severely than robbery without a weapon. Home invasion robbery and carjacking carry their own statutory penalties reflecting the additional danger and circumstances.


Use of Firearm: If a firearm is used in any robbery, Florida's 10-20-Life statute (§ 775.087) applies: 10 years minimum for armed robbery, 20 years if the firearm is discharged, and 25 years to life if someone is killed. These are mandatory minimums—judges cannot impose lighter sentences.


Value of Property Taken: Robbery is typically a felony regardless of the value taken, but the value can influence sentencing within the felony range.


Prior Criminal History: Prior convictions, especially prior violent convictions, significantly influence sentencing.


Injury to Victim: If the victim was injured during the robbery, that can elevate charges and influence sentencing.



Collateral Consequences

A robbery conviction carries serious consequences:


  • Violent Felony Record: Robbery is classified as a violent felony, which affects sentencing enhancements, supervised release conditions, and future prosecutions.
  • Employment Impact: Conviction for a violent felony makes employment in many fields difficult or impossible.
  • Mandatory Minimum Sentences: If a firearm was involved, mandatory minimum sentences apply and cannot be waived.
  • Restitution: Courts typically order restitution to victims for property loss, medical expenses, or other robbery-related damages.
  • Supervised Release: Upon release, defendants typically face substantial supervised release conditions.


Defense Strategies

Robbery cases offer several avenues for defense:


Eyewitness Identification Challenges: Robbery cases frequently rely heavily on eyewitness identification. We challenge identification through cross-examination, expert testimony regarding eyewitness memory and reliability, and evidence of suggestive identification procedures (lineups, photo arrays, one-on-one showups). Many robbery convictions rest on eyewitness identification that is later proven unreliable.


Challenging the Force or Fear Element: Robbery requires force, violence, or putting someone in fear. We examine whether actual force was used, whether threats were made and whether they were credible, and whether the victim actually feared for their safety. An aggressive taking of property without genuine force or fear may be theft, not robbery.


Surveillance Footage Analysis: Robbery cases frequently involve security camera footage from the scene or nearby businesses. We carefully analyze surveillance footage to identify inconsistencies with the alleged robber's appearance, timing, and conduct. Poor-quality footage can be misinterpreted; detailed frame-by-frame analysis can undermine eyewitness identification.


Alibi Evidence: If you have a credible alibi—evidence that you were elsewhere when the robbery occurred—we present that evidence and challenge the identification. Cell phone records, witness testimony, and other corroborating evidence can establish an alibi.


Witness Credibility: We thoroughly examine the credibility of identifying witnesses. Prior inconsistent statements, biases, incentives to lie (such as police compensation for information), and memory limitations all matter. A single eyewitness, especially one with credibility problems, may not be sufficient for conviction beyond a reasonable doubt.


Property Identification: We examine how property recovered was identified as belonging to the robbery victim. Chain of custody issues, lack of identifying marks, and alternative explanations for possession can create reasonable doubt.


Alternative Suspect Evidence: If evidence points toward a different suspect—another person matching the description, evidence of another perpetrator in the area, or police failure to investigate alternative suspects—we present that evidence.


Negotiation: Many robbery cases resolve through plea negotiations, especially if eyewitness identification is weak or if the firearm enhancement can be negotiated away. Early case assessment and negotiation can result in reduced charges or more favorable sentencing.


What to Do Next

Robbery is a serious violent felony that demands immediate and aggressive legal response. Eyewitness identification, once contaminated by suggestive police procedures, may be impossible to rehabilitate at trial. Early investigation and intervention can prevent such contamination and position you for a strong defense or favorable plea. The Law Offices of Anabelle Dias, P.A., has extensive experience defending robbery charges in Tallahassee and throughout the Second Judicial Circuit. We'll investigate the scene, interview witnesses, analyze evidence, and challenge the prosecution's case at every stage.


Contact us today for a confidential consultation.


Common Questions About Robbery in Florida

  • What is the difference between robbery and theft in Florida?

    The key difference is force or fear. Theft is taking someone's property without consent. Robbery is taking property by force, violence, assault, or by putting the victim in fear. Without the element of force or fear, the offense is theft — not robbery. This distinction matters because robbery is always a felony, while theft may be a misdemeanor depending on the value involved. If the State cannot prove force or fear, a robbery charge may be reduced to theft.

  • What is Florida's 10-20-Life law and how does it apply to robbery?

    Florida's 10-20-Life statute (§ 775.087) imposes mandatory minimum sentences when a firearm is used during certain felonies, including robbery. If you possess a firearm during a robbery, the mandatory minimum is generally 10 years. If you discharge the firearm, the mandatory minimum increases to 20 years. If you cause death or great bodily harm by discharging the firearm, the mandatory minimum is 25 years to life. These minimums are mandatory — the judge cannot impose a lesser sentence.

  • Can I be convicted of robbery if I used a fake gun?

    Yes. Under § 812.13(2)(b), robbery with a weapon includes using an object "fashioned or intended as a weapon or simulated to be a weapon." A toy gun, BB gun, or any object presented as a real weapon satisfies the statute. However, the distinction between a real firearm and a simulated weapon may affect whether the 10-20-Life mandatory minimums apply, which can significantly change sentencing exposure.

  • What is robbery by sudden snatching?

    Robbery by sudden snatching (§ 812.131) is taking property from a person by a sudden snatching motion. The critical element is that the victim must be aware of the taking — if the victim does not perceive the taking, it may be theft rather than robbery. Sudden snatching is typically a felony, with penalties that can increase based on the circumstances and value of property taken.

Disclaimer: The information on this page is provided for general informational purposes only and is not legal advice. You should not act or refrain from acting based on anything you read here without first consulting with a licensed attorney about your specific facts and circumstances. Viewing this website, using the contact forms, sending a text message, calling our office, or communicating with The Law Offices of Anabelle Dias, P.A. through this site does not create an attorney–client relationship. An attorney–client relationship is only formed after you speak directly with an attorney at our office and we both sign a written engagement agreement. Any references to past results, testimonials, or case outcomes are provided for informational purposes only and are not a guarantee, prediction, or promise of any particular result. Every case is different and must be evaluated on its own facts, evidence, and applicable law.