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Robbery Helping Good People Through Difficult Situations

St. Petersburg Robbery Defense Lawyer

Serving Clearwater, Tampa and Surrounding Areas

Robbery is a very serious crime against the person of another. Robbery involves the taking of money or other property from the victim through the use of force or violence. The "force" or "violence" used must be part and parcel with the taking to sustain a robbery conviction. In other words, if the taking of the victim's property occurs subsequent to the use of force or violence, and as an afterthought, a robbery charge is not appropriate. A theft charge, however, would be.

Most robbery offenses will score mandatory prison on Florida's sentencing guidelines without regard to additional charged offenses or prior record. Whether the crime occurred in St. Petersburg, Clearwater, Tampa, or a surrounding area, robbery is an offense that is prosecuted very aggressively. Early intervention by a qualified Tampa Bay area criminal defense attorney can have a significant impact on the outcome of your case. What follows is an overview of the various robbery offenses in Florida, the elements of each charge, the maximum penalties authorized by law, recidivist sentencing provisions, relevant case law, and a list of related articles.

If in the course of committing a robbery, the person carried a firearm or other deadly weapon, the robbery is a felony of the first degree, punishable by up to life in prison. If in the course of committing the robbery, the person carried a weapon (something other than a firearm), then the robbery is a felony of the first degree. A first-degree felony is punishable by up to thirty years in state prison. If in the course of committing the robbery, the person carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree. A second-degree felony is punishable by up to fifteen years in state prison. The jury instructions below define "firearm", "weapon" and "deadly weapon".

Home invasion robbery is essentially a robbery that occurs inside the dwelling of another. Here again, the use of a firearm during the commission of the crime equates to a potential life sentence. If the perpetrator uses a weapon, he or she commits a felony of the first degree (punishable by up to thirty years in state prison). If the perpetrator uses no weapon or firearm, the crime is still a first degree felony, but the offense level for sentencing guideline purposes is lower. An experienced St. Petersburg area criminal defense attorney can explain sentencing guideline matters in greater detail.

Robbery by sudden snatching involves the taking of property from the person or custody of the victim where the victim is aware of the taking or becomes aware of it. This offense is usually charged in situations where the accused grabs the victim's purse and takes off running. Under Florida law (as set forth below), the state is not required to prove that the accused person used any degree of force beyond that necessary to obtain possession of the item. In other words, the taking of the property does not have to be violent in nature. Also, there does not need to be any resistance offered by the victim or a showing that the victim was injured in some way. This makes sense as a robbery by sudden snatching usually occurs pretty quickly and before the victim even knows what is happening. It is hard to resist the taking when the accused person has the item and is already twenty feet into a a full sprint, in an effort to get away.

Here, the maximum penalties are a bit different. If the accused person used a firearm or deadly weapon, the offense is a felony of the second degree, which is punishable by up to fifteen years in state prison. If no firearm or other deadly weapon is used, the offense is a felony of the third degree, which is punishable by up to five years in state prison.

St. Petersburg criminal defense attorney Donald J. Kilfin has handled countless robbery offenses as both a Pinellas county state prosecutor and a Tampa Bay area criminal defense attorney. If you have been arrested or charged with robbery, contact our office to discuss the circumstances or your case, including potential defenses, sentencing guideline matters, minimum mandatories, and any potential sentencing enhancements.

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    Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.
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