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ROBBERY WITH A DEADLY WEAPON

Pursuant to Florida Statute 812.13, Robbery with a deadly weapon is 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.  Additionally, the state must prove that during the course of the robbery, the offender carried a deadly weapon.

Penalties

Robbery with a Deadly Weapon is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment.

Elements

To prove the crime of Robbery with a Deadly Weapon, the State must prove the following elements beyond a reasonable doubt:

  1. The accused took money or property from the person or custody of the alleged victim.

  2. Force, violence, assault, or putting in fear was used in the course of the taking.

  3. The property taken was of some value.

  4. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it or appropriate the property of the alleged victim to his or her own use or to the use of any person not entitled to it.

  5. The accused was in actual physical possession of a deadly weapon during the commission of the robbery.

 

A weapon is considered a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

It is not necessary that the deadly weapon be used to effectuate the force, violence, assault, or threat; it is enough that the deadly weapon was in your possession.

In addition to Robbery with a Deadly Weapon, Florida criminalizes the following variations of Robbery:

 

A Robbery with a Deadly Weapon charge is a serious matter with severe penalties.  A Robbery charge is classified as a violent forcible felony.  If you are charged with any type of Robbery with a Weapon or any criminal charge in Broward County, an experienced Criminal Defense Attorney is essential.  For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.