Daytona Beach Robbery Lawyer

If you have been charged with robbery, you will want to consult a skilled Daytona criminal defense lawyer. This is a serious charge in the state of Florida, and you need effective legal counsel. A conviction can lead to fines or prison time. It is vital to find the proper legal counsel for your robbery charge. 

The Difference Between Robbery and Theft

Many people confuse theft with robbery. According to Florida Statute 812.13, robbery is the “act of taking something away from a victim with the use of force.” On the other hand, theft, like shoplifting, does not involve violence or the use of force. 

Burglary and robbery are also confused with each other. During a robbery, someone uses force to steal the individual’s property. A burglary occurs when the individual illegally enters a building, structure, or vehicle to steal property.

The Definition of Robbery and Armed Robbery

The Florida law states robbery as:

  • Taking of property or money from the person or custody of another
  • Intent to either permanently or temporarily deprive the person of property or money
  • Use of force, violence, assault, or putting the victim in fear


Armed robbery is a severe offense in the state, and it comes with harsh sentences. This crime occurs when the offender uses a deadly weapon, and there is a threat of force. Those convicted of armed robbery can face penalties, such as:

  • A fine of $10,000
  • A life sentence in prison

Depending on the circumstances, armed robbery charges may also accompany assault  charges.


In some cases, the offender had a prior felony. Under those circumstances, the sentences are enhanced. If the offender brandished a firearm during the armed robbery, the individual might face a mandatory minimum sentence.

Robbery Charges in Daytona Beach

In Florida, there are three classifications of robbery charges in the state, including:

  • Sudden snatching: Those convicted of this offense face less severe penalties. The offender “snatches” an individual’s property without using force, threat, or violence. Purse snatching and pickpocketing all fall under this category. 
  • Robbery by force: This type of robbery is a more serious crime. In this case, the robbery must have had some actual physical violence. The same force would have been similar to sudden snatching. However, in these cases, the individual did physically harm the victim. If the offender pushes someone down to snatch the property, they have used “force” to complete the robbery. 
  • Robbery with a deadly weapon: This is the most severe robbery offense in the state. The robbery involves stealing someone’s property with the use of a deadly weapon or firearm. Along with that, the individual has to threaten harm to the victim. For example, if the armed robber walked into a bank and threatened the employees with a gun, that action is considered armed robbery in Florida. These crimes have the harshest penalties. There are mandatory sentences for those convicted of this crime. 


There are two other serious robbery offenses in the state: home invasion and carjacking. Home invasion is often confused with burglary, but the home invasion uses the threat of force or violence to deprive an individual of their property. Whether a weapon was present or not, those convicted could face life in prison.

Carjacking is the attempted theft or theft of a vehicle by violence, threat, or force. If the defendant was not armed with a gun or other weapon, it is a first-degree felony. If a weapon was present, the penalty for this type of robbery is life in prison.

Florida Robbery Penalties

If the offender carried “no firearm or deadly weapon,” the robbery is considered a felony that is punishable by:

  • A $10,000 fine
  • 15-year prison sentence


Some aggravating factors and sentencing enhancements can ensure harsher penalties in a case. For example, a robbery with a firearm will boost those penalties for the offender. 


In Florida, there is a “10-20-life” rule in the state. This law requires the judge to impose a specific sentence for felony convictions that involved a firearm or deadly weapon. These minimum sentences include 10 years, 20 years, or 25 years to life for these offenses. 


Many of the penalties associated with robbery include a fine and jail sentence. However, robbery is always considered a felony in the state. Despite the value of the items, you will be sentenced to a year in prison if convicted.

Daytona Beach Robbery Convictions

For the prosecutor to get a successful conviction in Florida, they have to prove four elements beyond a reasonable doubt in your case, including:

  • The offender took property without the owner’s consent. 
  • The offender threatened or used force to put fear into the owner.
  • The property had value.
  • The offender had the intent to permanently or temporarily withhold property from the owner.

Robbery Defenses

If you have been charged with armed robbery or robbery, there are defenses for your case. Many of these defenses could lead to a reduced or dismissed charge, such as:

  • The offender believes he or she owned the property. 
  • The accused was misidentified by witnesses or the victim.
  • Prosecutor cannot prove the case beyond a reasonable doubt.

Get Help from a Daytona Beach Robbery Defense Lawyer

If you have been arrested for robbery in Daytona Beach, you need to work with a seasoned criminal defense attorney. Darryl Smith, Daytona’s premier criminal defense attorney, will evaluate your case and help craft a defense for your alleged offense. These are serious charges and could lead to hefty fines, stiff prison sentences, and other legal consequences. You don’t want to wait to discuss your robbery case. Make sure to schedule a consultation with Darryl Smith today!

Let Darryl help you!

If you have any questions, call or email Darryl today for a free case review/consultation.

Call : (386) 310-2086 7 days/week 24 hours