Protecting Your Future When Facing the Harshest Robbery Charges in Florida
Robbery with a deadly weapon is one of the most serious criminal charges a person can face in Florida. If you have been accused of this offense, you are staring at the possibility of decades in prison, a permanent felony record, and the loss of your freedom. The State of Florida treats these cases with maximum severity, and prosecutors aggressively pursue convictions.
As a Florida criminal defense lawyer, I have represented clients throughout the State charged with robbery and related violent crimes. I understand how much is at stake. My job is to challenge the prosecution’s evidence, expose weaknesses in their case, and work toward a dismissal, acquittal, or reduced charge whenever possible. You cannot fight this battle alone. Having a private attorney who knows the law, the court system, and the strategies that actually work is critical to protecting your rights.
Florida Law on Robbery With a Deadly Weapon
The starting point is the robbery statute itself. Florida Statute §812.13 defines robbery as:
“Robbery means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”
The law then enhances penalties if a deadly weapon is involved. Florida Statute §812.13(2)(a) provides:
“If in the course of committing the robbery the offender carried a firearm or other deadly weapon, the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment.”
This is not the same as simple robbery, which is already a serious charge. The presence of a deadly weapon automatically escalates the case into one of the highest-level felonies in Florida. If a firearm is alleged, mandatory minimum sentencing laws under §775.087 (commonly known as the “10-20-Life” statute) may also apply, requiring significant prison terms depending on whether the weapon was possessed, discharged, or used to cause injury.
When prosecutors file a robbery with a deadly weapon charge, they intend to seek decades behind bars. That is why it is absolutely essential that you have an attorney fighting for you from day one.
How Prosecutors Attempt to Prove the Charge
In robbery with a deadly weapon cases, the State must prove beyond a reasonable doubt:
- That you took money or property from the alleged victim
- That the taking was accomplished through force, violence, assault, or putting the person in fear
- That during the course of the taking, you carried a firearm or deadly weapon
The definition of a “deadly weapon” is broad. It is not limited to firearms. Knives, clubs, and even everyday objects can be classified as deadly weapons if the State argues they were capable of causing death or great bodily harm. This means prosecutors often stretch the definition in order to enhance charges.
As your defense attorney, I challenge every element of the case. Did the State prove you actually possessed a weapon? Was the item really a deadly weapon under the law? Did the alleged victim misidentify you? Was the taking actually a robbery, or was it a misunderstanding or civil dispute?
Defenses Against Robbery With a Deadly Weapon
A strong defense depends on the facts of your case, but common defenses include:
- Misidentification: Many robbery cases rely heavily on eyewitness testimony, which is notoriously unreliable. I have successfully challenged identifications based on poor lighting, stress, or flawed police lineup procedures.
- Lack of Deadly Weapon: If the State cannot prove beyond a reasonable doubt that the item was actually a deadly weapon, the charge can be reduced. A toy gun, for instance, may not qualify unless the victim reasonably believed it was a real firearm.
- No Intent to Commit Robbery: If you did not intend to permanently or temporarily deprive the person of property, the act may not constitute robbery.
- Duress or Coercion: In rare cases, defendants are forced by threats to participate in a robbery. Florida law recognizes duress as a defense.
- Illegal Search and Seizure: If the weapon or property was seized in violation of your constitutional rights, the evidence can be suppressed, significantly weakening the prosecution’s case.
- Consent or Ownership Dispute: Sometimes what prosecutors frame as robbery is actually a personal dispute over ownership or property rights.
Every defense strategy must be carefully tailored to the unique facts of your situation. As your attorney, my responsibility is to scrutinize the evidence, file motions to suppress or dismiss where appropriate, and prepare for trial with the goal of protecting your freedom.
Real Case Example
I once represented a client accused of robbing a convenience store in Tampa with what the clerk described as a “large knife.” Police arrested my client hours later based on a vague description and found a pocketknife in his car. The State charged him with robbery with a deadly weapon, exposing him to life in prison.
I immediately began breaking down the case. Surveillance footage from the store was grainy and did not clearly show the suspect’s face or the weapon. I filed a motion to exclude the identification after showing the lineup was suggestive. I also hired an expert to analyze the video, which showed the object in the suspect’s hand was far smaller than the knife police recovered from my client.
After aggressive litigation and weeks of negotiation, I convinced the prosecutor to drop the robbery with a deadly weapon charge. The case was resolved with a far lesser offense, and my client avoided prison.
This case demonstrates why having a private defense attorney who is proactive and willing to fight every detail of the State’s case is vital. Without a strong defense, my client would likely have spent decades in prison.
Penalties for Robbery With a Deadly Weapon in Florida
If convicted under §812.13(2)(a), robbery with a deadly weapon is a first-degree felony punishable by up to life in prison. The sentencing court may impose:
- Up to life imprisonment
- A fine of up to $10,000
- Mandatory minimum sentences if a firearm was used (10 years for possession, 20 years for discharge, 25 years to life if serious injury or death results)
In addition to prison time, a conviction results in:
- A permanent felony record
- Loss of civil rights such as voting and firearm possession
- Severe damage to employment and housing opportunities
- Immigration consequences for non-citizens
These life-altering penalties show why you must never take a robbery with a deadly weapon charge lightly. The earlier a private attorney intervenes in your case, the better the chance of avoiding the harshest outcome.
Related Florida Statutes That May Apply
Several other statutes often intersect with robbery with a deadly weapon charges:
- §775.087 – 10-20-Life Statute: Enhances penalties for crimes committed with firearms.
- §812.133 – Carjacking: Similar to robbery, but specifically involving a motor vehicle, often paired with a deadly weapon enhancement.
- §812.131 – Robbery by Sudden Snatching: A lesser-included offense in some cases.
- §784.021 – Aggravated Assault with a Deadly Weapon: Frequently filed in conjunction with robbery charges.
Understanding how these statutes work together is key to building a defense strategy that may reduce the charge or sentencing exposure.
Why You Need a Private Defense Attorney
Public defenders are dedicated lawyers, but they are often overwhelmed with heavy caseloads and limited resources. When your freedom is at stake in a robbery with a deadly weapon case, you need the time, attention, and resources that only a private attorney can provide.
I take the time to investigate every angle of your case. That means interviewing witnesses, hiring forensic experts when necessary, reviewing surveillance footage, and challenging unconstitutional police conduct. I also negotiate directly with prosecutors, pushing for charge reductions to lesser offenses like simple robbery, theft, or aggravated assault where appropriate.
Your best chance of avoiding decades in prison is hiring an attorney who will fight aggressively on your behalf.
Frequently Asked Questions About Florida Robbery With a Deadly Weapon
What is the difference between robbery with a deadly weapon and armed robbery?
In Florida, the terms are often used interchangeably. Under §812.13(2)(a), robbery with a firearm or deadly weapon is considered a first-degree felony. Prosecutors may label it “armed robbery” in charging documents, but the law treats them the same.
Can I be convicted if no one was injured?
Yes. Injury is not required. The presence of a deadly weapon during the robbery, even if it was never used, is enough to elevate the charge. The law focuses on the potential for harm, not just actual injury.
What if the weapon was fake?
A toy gun or replica may not meet the legal definition of a firearm. However, prosecutors can still pursue charges if the victim reasonably believed it was real and feared for their life. A strong defense attorney can argue for a reduction to a lesser offense.
Will I face mandatory prison time?
If a firearm was used, the 10-20-Life statute may impose mandatory minimum prison terms. If the weapon was a knife or other object, the court still has wide discretion to impose lengthy sentences. Avoiding mandatory prison requires a strategic legal defense.
Can the charge be reduced to simple robbery?
Yes, if your attorney successfully challenges the presence or classification of the weapon. Without proof of a deadly weapon, the case may be reduced to simple robbery, which still carries serious penalties but is less severe than life imprisonment.
How important is eyewitness testimony in these cases?
Eyewitness testimony is often the cornerstone of the State’s case, but it is also one of the weakest forms of evidence. Stress, poor lighting, and suggestive police procedures frequently lead to misidentification. An experienced attorney can expose these problems.
What if the victim does not want to press charges?
The decision to prosecute belongs to the State Attorney, not the victim. Even if the victim is unwilling to cooperate, prosecutors can and often do continue with the case. Your attorney can use the victim’s lack of cooperation to your advantage in negotiations.
Can robbery with a deadly weapon charges be dismissed?
Yes, dismissal is possible if constitutional rights were violated, if evidence was illegally obtained, or if prosecutors cannot prove all elements beyond a reasonable doubt. The right defense attorney will identify and exploit these weaknesses.
How does hiring a private attorney help?
A private attorney provides the time, resources, and strategy that public defenders may not be able to offer. This includes conducting independent investigations, filing aggressive pretrial motions, and negotiating directly for charge reductions or alternative sentencing.
What should I do if I am under investigation but not yet charged?
Do not wait until you are arrested. Hiring an attorney during the investigation phase can sometimes prevent charges from being filed or help negotiate lesser charges before the case escalates. Early intervention is critical in robbery cases.
Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you or someone you love is facing a robbery with a deadly weapon charge in Florida, you need immediate and aggressive legal representation. The difference between life in prison and a second chance often comes down to the quality of your defense.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the State of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.