Robbery with a Deadly Weapon in Florida

The crime of Robbery with a Deadly Weapon is a First Degree Felony.

Under Florida Statute 812.13(1)-(2)(b), the crime of Robbery with a Deadly Weapon is committed when a person intentionally and unlawfully takes money or property from another person through the use of force, violence, assault, or threat while in possession of a deadly weapon.

Deadly Weapon

A weapon is considered a “deadly weapon” if it is used, or threatened to be used, in a way likely to produce death or great bodily harm.

Importantly, it is not necessary that the deadly weapon be used to effectuate the force, violence, assault, or threat; it is enough that the deadly weapon was in the offender’s possession.

Penalties for Robbery with a Deadly Weapon

The crime of Robbery with a Deadly Weapon is a First Degree Felony and is assigned a Level 8 offense severity ranking under Florida’s Criminal Punishment Code.

If convicted of Robbery with a Deadly Weapon, a judge is required to impose a minimum prison sentence of 34½ months in prison absent grounds to impose a downward departure sentence and can also impose any combination of the following penalties:

• Up to thirty (30) years in prison.
• Up to thirty (30) years of probation.
• Up to $10,000 in fines.

Defenses to Robbery with a Deadly Weapon

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Robbery with a Deadly Weapon include:

Afterthought Defense

It is a defense to the crime of Robbery with a Deadly Weapon if the taking of property occurred as an afterthought to the use of force or violence. (However, the taking may still constitute theft or Robbery by Sudden Snatching.) [1]

For example, if two people got into a fight, resulting in one of the two being knocked out with a beer bottle, it would not be Robbery with a Deadly Weapon to take the watch from the unconscious person’s wrist, because the taking of the watch was an afterthought that occurred after the fight had concluded. (Although it would still constitute the lesser offense of Robbery by Sudden Snatching.)

Claim of Right Defense

Under Florida law, a forcible taking of property under a bona fide claim of right is not robbery where the taker has a good faith belief that he is the owner, or is entitled to immediate possession, of the property. [2]

Mere Presence

Under Florida law, mere presence at the scene of a crime, mere knowledge that an offense is being committed, or even a display of questionable behavior after the commission of a crime is insufficient, standing alone, to establish participation in the crime. [3]

As a result, if you are out with a friend who spontaneously pulls out a weapon to commit a Robbery, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the Robbery with a Deadly Weapon.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Robbery with a Deadly Weapon in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

1. DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012)
2. Ulysse v. State, 174 So. 3d 464, 467 (Fla. 4th DCA 2015)
3. Gabriel v. State, (Fla. 4th DCA 2018)