The term robbery is defined under Florida Statute 812.13 as “taking of property or money from another person or from the custody of another person, with the intention of either temporarily or permanently depriving the owner or person of the property or money.” While taking, the perpetrator might use violence, force, threats, or assault.
According to West Palm Beach, FL defense attorney William Moore, “Robbery is different from theft, as in robbery the victim is aware and present when the crime is taking place, whereas in theft the victim need not be present or aware when the perpetrator is stealing the property or money.”
How does the perpetrator do it?
Robbery is further distinguished by the manner in which the perpetrator takes the property or money from the victim. In strong-arm robbery, the perpetrator uses a degree of force to take the property or money from the victim. Florida Statute 812.131 technically describes strong-arm robbery to be robbery by sudden snatching.
“The statute defines the offense as taking or attempting to take some property or money from the person of the victim with the intention of temporarily or permanently depriving the victim of the property or money,” stated Attorney William Moore.
During the act of taking the victim was aware or became aware of the act. However, for satisfying this definition it is not necessary to show:
•The perpetrator used some level of force in addition to the effort required for obtaining possession of the property or money
• The victim resisted the act of taking, or the victim was injured in the process
Attorney William Moore noted, “The prosecution does not have to prove that the accused used some level of force, while taking money or property. It is also not necessary to prove that the victim resisted or offered some form of resistance to the act of taking. The prosecution only has to prove that the perpetrator was engaged in the illegal act of taking somebody else’s property or money, and that the victim was aware or became aware of the act of taking.”
Penalty
Strong-arm robbery is a felony offense, and severity of the degree will depend whether the perpetrator carried a firearm, deadly weapon, or other weapon at the time of the crime. If while committing the robbery, the accused carried or was in possession of a firearm, deadly weapon or some other weapon, then it is a first-degree felony charge, punishable with a maximum of life imprisonment and fine of up to $10,000.
If the accused was not carrying any firearm, deadly weapon or any other weapon when the crime took place, then it is a second-degree felony offense, punishable with up to 15 years jail time and fine of up to $10,000.
According to Mr. Moore, “There is a fine line between mere possession of firearm, deadly weapon, or some other weapon during the crime, and actually using or threatening to use the weapon during the crime. The statute for Strong Arm Robbery or Robbery by Sudden Snatching merely mentions the word ‘carrying.’”
The Objective
Hence, it would imply that the offender was in mere possession of the weapon at the time of the crime, and did not use or threaten to use the weapon. “If the weapon was later found in possession of the accused, the defense has to prove that the weapon was not used in any way during the crime, to reduce the severity of sentencing,” stated Mr. Moore.
Level of Force does not Matter
The mere testimony of the victim will also play a major role in determining the charge and sentencing. Since the statute makes it clear that, the prosecution need not prove the level of force used or whether the victim sustained any injuries, the case will therefore depend mostly on the testimony of the victim.
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