Being charged with robbery in Florida is a serious matter that can impact your future, your freedom, and your reputation. Whether the accusation involves a misunderstanding or something more complex, you need to understand what you’re facing. At Van Elswyk Law, we take the time to explain the charges, review the evidence, and protect your rights every step of the way. You don’t have to go through this process alone—we’re here to provide clear guidance and a strong defense from day one.
What Is Robbery?
Under Florida law, robbery involves taking property directly from another person through the use of force, violence, or threats. It’s not just about stealing something—it’s about how it’s taken. Robbery usually happens during a confrontation or face-to-face encounter, which is why it carries such heavy penalties.
Whether the victim suffers a physical injury or is simply put in fear doesn’t matter. If force or threats are used during the act, the charge becomes robbery. That distinction is what makes robbery more serious than other property crimes like theft.
Armed Robbery vs. Unarmed Robbery
Robbery charges fall into two main categories: armed and unarmed.
- Unarmed robbery happens when no weapon is used. It still involves threats or physical force, but there’s no knife, gun, or other object involved.
- Armed robbery involves a deadly weapon or firearm. Even displaying a weapon can lead to an armed robbery charge.
Here’s a quick example: If someone snatches a purse while threatening to hit the victim, that’s unarmed robbery. If the same person uses a firearm during the act, it becomes armed robbery—and the penalties are far more severe.
Robbery vs. Theft vs. Burglary
These terms are often confused, but they mean different things under the law:
- Theft is taking someone’s property without force. It can happen quietly, like shoplifting or stealing from an unlocked car.
- Burglary usually involves breaking into a structure—like a home or business—with the intent to commit a crime inside, such as theft or assault.
- Robbery always includes direct interaction and intimidation. It’s about the confrontation and the threat or use of force.
Understanding the difference matters because each offense comes with its own set of penalties and legal strategies.
Penalties and Aggravating Factors
In Florida, robbery is always a felony. The sentence depends on whether a weapon was used and the specific facts of the case. Here’s a general breakdown:
- Unarmed robbery is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
- Armed robbery is a first-degree felony and can lead to up to life in prison, especially if a firearm is involved.
Aggravating factors can make things worse. These include:
- Causing injury to the victim
- Using a firearm (triggering Florida’s 10-20-Life law)
- Targeting elderly or vulnerable individuals
- Committing the crime with others (conspiracy or organized crime)
The court will weigh these elements when determining your sentence.
Bail and Preliminary Hearings
After an arrest, you’ll attend a first appearance hearing where the judge sets bail. In robbery cases, bail can be high—or even denied—depending on the charges and your record. We work to argue for lower bail and your release from custody.
At the preliminary hearing, the court reviews whether there’s enough evidence for the case to move forward. This is a key moment. It allows us to challenge weak evidence, cross-examine witnesses, and push for a dismissal if the case lacks merit.
Defense Strategies We May Use
We approach robbery charges by digging into every angle. Common defense strategies include:
- Mistaken identity — someone else committed the crime, and you were wrongly accused.
- False accusations — the alleged victim may have a motive to lie.
- Lack of intent — you didn’t mean to threaten or use force.
- No weapon present — prosecutors may try to exaggerate the situation.
We investigate police reports, review surveillance footage, question witnesses, and look for any procedural errors. Our goal is to create doubt in the prosecution’s case or negotiate a more favorable outcome when appropriate.
How We Can Help You
At Van Elswyk Law, we understand that facing a robbery charge can be overwhelming. You deserve more than a quick appearance in court—you need someone who listens, keeps you informed, and fights for your best outcome. We believe in clear communication, honest advice, and giving each case the attention it deserves. From the first call to the final resolution, we’re here to stand with you, explain your options, and build a strong defense tailored to your situation. Your future matters, and we’re ready to help protect it.
Contact an Experienced Sarasota, Bradenton, & Tampa Robbery Attorney
If you or someone you care about is facing a robbery charge, don’t wait. Contact Van Elswyk Law today for a confidential consultation. Let’s talk about how we can protect your future.