Florida Statute Section 812.13 provides that the crime of robbery must be proven beyond a reasonable doubt. There are four elements of robbery, which are as follows:
- The accused took property from the individual or custody of the alleged victim;
- Assault, violence, force or putting someone in imminent fear of harm was used during the taking of an alleged victim’s property;
- The property taken was valuable; and
- The accused intended to temporarily or permanently deprive the alleged victim of his or her right to property, the benefit of using the property or money, to appropriate the property or money from the alleged victim, or to the use of any individual not entitled to the property.
Musca Law: Lawyers for Robbery-Related Offenses in Florida
If you are facing robbery charges, including home invasion robbery, robbery by sudden snatching, or strong-arm robbery, it is critical that you hire one of the seasoned Florida robbery defense attorneys at Musca Law. We represent clients accused of robbery throughout the state of Florida. Don’t wait: contact us today at (888) 484-5057 to learn more about your legal rights and options.
Standard Jury Instructions for Robbery-Related Offenses
There are a variety of definitions included in the standard jury instructions for robbery. For instance, “in the course of taking” means that the crime occurred before, contemporaneously, or after the taking of property and that the taking of the property and the act constitute continuous series of events or acts.
The standard jury instructions also include the term “force,” which means that the taking of property must involve the use of violence or force by assault so as to overpower the resistance of the alleged victim, or places the victim in imminent fear of harm so that the alleged victim does not fight back.
Florida law does not require that a robbery victim resist or that he or she respond with physical resistance should he or she be placed in imminent fear of significant bodily harm or death in the event that he or she does not resist. However, unless resistance is prevented by fear of harm, there must be some resistance that takes place to make the taking one done by violence or force.
The standard jury instructions also provide that a robbery can still occur when the accused takes property from an alleged victim after administering a substance to render him or her unconscious.
Definitions Related to Robbery in Florida
In the standard jury instructions, the term “title to property” refers to the taking of property through robbery where it is not required that the alleged victim who was robbed to be the actual owner of the property. It is sufficient if the alleged victim had custody over the property when the robbery occurred.
The term “taking” in the standard jury instructions provides that in order for a taking to be by violence, force, or the imminent threat of harm, it is not necessary that the taking occur directly from the alleged victim. A taking includes a situation where property is taken from a person who had actual control over it.
The standard jury instructions also define the term “dwelling,” which means a conveyance or building of any kind that has a roof and functions to be occupied by individuals who are sleeping there during the night, together with the grounds and outbuildings located around it.
Enhanced Penalties for a Robbery Involving a Deadly Weapon, Weapon, or Firearm
In Florida, enhanced penalties may apply if the jury determines beyond a reasonable doubt that “in the course of committing the robbery,” the accused carried with him or her some kind of weapon. Further enhanced penalties will apply if the jury determines that the accused, during the robbery, carried with him or her a firearm or deadly weapon.
The jury will also be instructed by the judge that an is “in the course of committing the robbery: if it happens while the accused attempts to commit robbery or in flight after the commission or attempt. Therefore, if the jury determines that the accused is guilty of robbery, then the jury must also decide whether the prosecution has proven these aggravating circumstances, which are then included in the verdict.
Contact Musca Law Today. Your Life and Your Liberty Depend Upon It!
If you are facing robbery charges in Florida, contact our seasoned Florida robbery defense attorneys at Musca Law as soon as possible in order to preserve your legal rights and interests. Our firm’s attorneys are among The National Trial Lawyers – Top 100 Trial Lawyers, included in the 2012 Florida Super Lawyers® for criminal defense, and boast 10.0 Superb Avvo ratings. We know how to protect your future. We are skilled, experienced, tenacious, and relentless when it comes to defending our clients. Our seasoned Florida criminal defense attorneys work zealously to exploit the weaknesses in the prosecution’s case and develop a strategic defense for our clients. Our record of success in and out of the courtroom speaks for itself. To learn more about how Musca Law can make a difference for you, call (888) 484-5057 today.