There are certain elements that must be met and proved beyond a reasonable doubt under Florida Statute Section 812.13 in order to be convicted of robbery. These elements include the following:
In relation to robbery charges, the jury is instructed and given certain definitions they must be aware of to properly assess whether or not a conviction should be made. An example of this is the term "in the course of taking." This means that "the act occurred prior to, contemporaneous with, or subsequent to the taking of the property and that the act and the taking of the property constitute continuous series of acts or events."
If the circumstances surrounding the robbery place the victim in fear of death or great bodily harm if he or she does resist, Florida law does not require that the victim of the robbery offer any actual physical resistance. However, unless the individual was not prevented by fear, there must be some resistance to make the taking one done by force or violence.
Under Florida law, the penalties of a robbery crime can be enhanced if the jury determines beyond a reasonable doubt that while committing the robbery the defendant was carrying some form of weapon. Other enhanced penalties can apply if the jury finds that the weapon used by the defendant was a deadly weapon or firearm.
Robbery is a serious theft crime that is charged as a felony in the state of Florida. Punishments for robbery crimes vary depending on whether or not a firearm or weapon was used during the commission of the crime. If no firearm or weapon was used while committing the crime, the defendant will be charged with a second degree felony which is punishable by a maximum of fifteen years in state prison. If the defendant was carrying or using a firearm or deadly weapon, the defendant will be charged with a first degree felony. Punishment includes up to thirty years in state prison and a $10,000 fine.
An allegation of robbery can have a devastating impact on your reputation, current and future employment, and your livelihood. It is essential to contact a knowledgeable lawyer to work on your case and get in touch with the State Attorney's Office to try and drop or reduce your charges. For more information about robbery charges and how a Tampa criminal defense attorney from Taracks & Associates can help, contact us today.