§ 812.13 — Robbery

Overview of Florida’s Robbery Law

Robbery under Florida Statute § 812.13 is among the most serious property crimes in the state. Unlike theft (§ 812.014), which can be a misdemeanor, robbery is always a felony. The key distinction is the element of force, violence, or intimidation. Robbery is essentially theft accomplished through force or the threat of force.

Florida law treats robbery more severely than many other states because of the mandatory minimum sentencing provisions that apply when a weapon is involved.

Elements of the Offense

To prove robbery, the State must establish:

1. The defendant took money or other property from the person or custody of the victim.
2. Force, violence, assault, or putting in fear was used in the course of the taking.
3. The property taken was of some value.
4. The taking was with intent to permanently or temporarily deprive the victim of the property.

“In the course of the taking” means during the attempt to commit, during the commission of, or during the escape from the robbery. This means force used while fleeing after a theft can elevate the crime to robbery.

Penalties by Degree

Robbery Without a Weapon — Second-Degree Felony

• Up to 15 years in state prison
• Up to $10,000 fine
• Often called “strong-arm robbery”

Robbery With a Weapon (Not a Firearm) — First-Degree Felony

• Up to 30 years in state prison
• Up to $10,000 fine
• Includes knives, bats, or any object used as a weapon

Robbery With a Firearm — First-Degree Felony with Mandatory Minimums

• 10-year mandatory minimum if a firearm was carried during the robbery
• 20-year mandatory minimum if the firearm was discharged
• 25 years to life if a person was injured or killed by the firearm
• These mandatory minimums are imposed under the 10-20-Life law (§ 775.087)

Home Invasion Robbery (§ 812.135)

• First-degree felony, punishable by up to life imprisonment
• Mandatory minimum of 10 years for home invasion with a weapon
• Defined as robbery occurring within a dwelling while the victim is present

Carjacking (§ 812.133)

• First-degree felony, punishable by up to life imprisonment
• Robbery of a motor vehicle from the person or presence of the possessor
• Same 10-20-Life mandatory minimums apply when a firearm is used

Robbery vs. Theft

The critical distinction between robbery and theft is the use of force or fear. A purse snatching can be either theft or robbery depending on the circumstances. If the defendant simply grabs an unattended purse, it is theft. If the defendant uses any force against the victim—even slight force like a tug on the purse strap—it becomes robbery, with drastically higher penalties.

Defenses to Robbery

Common defenses include mistaken identity (particularly in cases involving masks or disguises), alibi, lack of force or intimidation (which could reduce the charge to theft), claim of right or ownership of the property, and coercion or duress. Identification challenges are particularly common in robbery cases, making lineup procedures and eyewitness reliability frequent areas of defense focus.

How Our Data Relates

Robbery cases in our database consistently show high conviction rates and substantial average sentences, reflecting the severity of the charge. The data also reveals that plea negotiations play a significant role—many armed robbery charges are ultimately resolved as the lesser offense of strong-arm robbery or even theft, resulting in significantly lower sentences. County-level data highlights variation in how aggressively different jurisdictions charge and prosecute robbery.