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Similar to other violent felony offenses, accusations of robbery should be taken seriously, as this crime is aggressively prosecuted in the state of Florida. Under Florida law, robbery is generally considered a second-degree felony, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine—among other harsh sanctions the Court may impose. It’s noteworthy to point out that robbery may be enhanced to a first-degree felony, punishable by life imprisonment, if the accused carried a firearm or other deadly weapon—in the course of committing the offense. A person charged with robbery should seek the services of an attorney who has experience handling robbery cases. A charge of this caliber should not be handled alone, as a conviction can have devastating consequences.



Robbery is governed by Florida Statute 812.13 and is defined as the intentional taking of property of another, by the use of force, violence, assault, or fear. Therefore, the State must prove four independent elements: (1) intent; (2) taking; (3) property; and (4) force, violence, assault, threat, or fear.

With the right legal team behind you, robbery is a highly defensible crime. Below are some common defenses to a robbery charge:

  • Mere presence
    • Mere presence at the scene of the robbery is insufficient
    • If you are with someone who suddenly decides to rob another person, you cannot be convicted as an accomplice unless you did something in furtherance of said crime.
  • The taking occurred as an afterthought to the use of force, violence, or threat
    • The afterthought defense is a common defense to a robbery charge.
    • e.g. the defendant gets into a fight with another person, knocks the victim out, and then decides to take his wallet. Under these facts, it would not constitute a robbery.
    • Note: the accused can still be convicted of a lesser offense—but not robbery.
  • Claim of right or ownership of property defense
    • Under this defense, the accused had a good faith belief the property they forcibly took was theirs or that they had a valid claim to it. The accused will need to prove evidence supporting their claim.
  • Identity issues
  • Lack of intent
  • Alibi defense
  • Among other defenses our firm as successfully used, including pre-trial and trial defenses.

If you or a loved one has been accused of committing a robbery, the legal team at the Cuccuini Law Firm is here to help you. Fill out our contact form to contact an attorney.

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