According to Florida Statute Section 812.13, the offense of robbery must be proven beyond a reasonable doubt. In the State of Florida, there are four elements of robbery, which include:
- The defendant stole property from the person;
- violence, force, assault, force or putting someone in immediate fear of injury or harm is used while taking a victim's property;
- the victim's property stolen was valuable; and
- the defendant meant to briefly or permanently deny the "victim" of his or her legal right to their property, or the benefit of utilizing the property or money, seize the money or property from the "victim," or to utilize anything when not entitled to use the property.
Musca Law: Lawyers for Theft and Robbery Criminal Charges in Florida
If you or someone you love is facing theft or robbery charges in the State of Florida, including robbery by sudden snatching, home invasion robbery, strong-arm robbery, or robbery committed with a deadly weapon, you must speak with an experienced Florida robbery defense attorney at Musca Law. Our Florida criminal defense attorneys represent clients arrested for theft, robbery, and other criminal charges throughout Florida. Don't wait. Remain silent. Call us 24/7 at (888) 484-5057 to understand your legal rights and options.
Florida's Standard Jury Instructions for Robbery and Theft Charges
Florida Criminal Statutes and Florida's standard jury instructions for robbery present a multitude of legal definitions. By way of example only, "in the course of taking" is defined as the criminal activity occurring before, during, or after the taking of property. In the State of Florida, the theft of property and the act itself are considered one complete series of acts.
Florida's Standard Jury Instructions also use the term "force," which is defined as a)the taking of property that includes the use of violence by the offender to overwhelm any opposition of the property owner, b) or actions that put the property owner into an immediate fear of bodily harm so that the property owner refuses to defend themselves or their property from the offender. Florida criminal code law also doesn't demand the property owners to resist, or defend themselves, or react to the theft or robbery with force or physical resistance. This is especially true if a property owner is in fear of bodily injury or death, and the property owner doesn't forcefully try to resist the robbery.
Another aspect of Florida's Standard Jury Instructions is how a robbery charge may be brought against an individual if he or she steals property from the property owner after giving a substance to the property owner that renders the "victim" unconscious. In some cases, individuals are charged with committing robbery or theft crimes by getting the property owner intoxicated on drugs or alcohol and then having the property owner sign away legal rights or property or agreed to "give" property away to the offender.
In Florida's Standard Jury Instructions in criminal cases, the legal phrase "title to property" applies to property theft when the alleged victim is not the legal owner of the property. By way of example only, an individual may have legal custody of the property when the robbery transpired.
The legal term "taking," as defined in Florida's Standard Jury Instructions, states that "taking" does not need to happen directly to the alleged victim. Also, "taking," constitutes a circumstance where the money or property has been stolen from an individual who had control over the money or property. By way of example, a bank teller during a bank robbery. A bank teller does not own the money stolen during a bank robbery; however, the crime is still defined as robbery.
Florida's Standard Jury Instructions also provide a legal definition for the term "dwelling." A "dwelling" is a vehicle or building of any type that consists of a roof and has the purpose of being occupied by individuals, combined with grounds and outbuildings associated with the dwelling.
Florida Theft Offenses That Involve the Use of a Deadly Weapon, Weapon, or Firearm & Enhanced Penalties
In the State of Florida, enhanced penalties happen when additional, more significant criminal charges are added to the defendant's original criminal charges, and the defendant is found guilty of the crimes. Enhanced penalties increase the severity of the penalties and punishments the defendant receives when found guilty. Enhanced penalties might apply in a criminal case should the offender use a weapon "in the course of committing the robbery." Additional enhanced charges resulting in enhance penalties, if found guilty, if a defendant committed bodily harm or murder while committing a robbery. By way of example, a defendant strikes an alleged victim during a robbery. A few days after the defendant's arrest and charges filed, the alleged victim passes away due to head trauma perpetrated by the defendant. In this case, a robbery charge may include an enhanced criminal charge of murder or manslaughter.
A criminal trial jury will be instructed by the criminal justice court judge to understand that the phrase "in the course of committing the robbery," occurs when the defendant tries to perpetrate a robbery or when the defendant tries to flee the scene after successfully committing a robbery or attempting to commit a robbery. Should the jury conclude that the defendant is guilty of robbery, the jury is required to determine whether or not the prosecution successfully proved these aggravating circumstances, and include this with the jury's verdict.
Receive Your Free Consultation With Musca Law Today and Defend Your Life and Liberty!
If you or a loved one have been arrested and charged with theft or robbery anywhere in the State of Florida, speak to one of our Florida robbery defense attorneys as soon as possible. Time is short. Call us today to increase your chances of protecting your legal rights. Our attorneys are among The National Trial Lawyers – Top 100 Trial Lawyers and included in Florida Super Lawyers® for criminal defense. Musca Law is proud of our perfect 10.0 Superb AVVO ratings.
Musca Law understands how to protect your future and your freedom. Our skilled, experienced, and relentless legal professionals work tirelessly to defend our clients. We work hard to exploit weaknesses in the prosecution's case against our clients, and we work hard to develop the best strategic criminal defense on behalf of our clients. Our success record inside and outside of the courtroom speaks for itself. To discover more about how Musca Law can make a difference for you, call us 24/7 at (888) 484-5057.