Robbery is generally defined as the taking of property from another by use of force, violence, assault, or placing in fear. In such cases, robbery is a second-degree felony, punishable by up to 15 years’ incarceration, unless a deadly weapon is used during its commission in which case it would be classified as a first-degree felony punishable by up to 30 years in prison.
$2.6 Million Jury Verdict against Volusia County. Trial televised on Good Morning America.view more
Represented the family of Jordan Davis and oversaw criminal prosecution of his killer, media relations of internationally reported case and confidential civil settlementview more
Confidential settlement of over 100 cases against a pediatric dentist who faces prosecution for fraud based on abuse of children.view more
Absent the use of force of placing another in fear to complete the theft, such conduct may qualify as “robbery by sudden snatching,” which only requires that the victim be or become aware that their property is being taken during the commission of the theft. Florida law specifically provides it is not necessary that force was used by the offender, or that the victim offered any resistance when he or she became aware a theft was being committed in order to prosecute for this offense. Without a deadly weapon, robbery by sudden snatching is a third-degree felony punishable by up to 5 years in prison, whereas it is a second-degree felony if a deadly weapon is used.
The most severe form of robbery is “home-invasion robbery,” which occurs when a person commits a robbery inside another person’s home after entering the home for that purpose. If a home-invasion robbery is committed with a non-deadly weapon or with no weapon at all, it is a first-degree felony. However, if a deadly weapon is used it is a crime that is punishable by life in prison.
Because of the intimate and violent nature inherent in robbery crimes, each case receives a lot of attention from victims and prosecutors alike. Victims are usually very involved in the prosecution of the case and want to see the alleged perpetrator punished to the fullest extent under the law. While the victims do not have final authority on how a case is prosecuted, their input is actively considered and introduces an aggravating factor to the case. If you or a loved one are suspected or have been charged for conduct in relation to the crime of robbery, it is important to contact a criminal defense lawyer as soon as possible to make sure your rights are protected. Contact the Law Office of John M. Phillips for a free consultation.