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        <title><![CDATA[armed robbery - Brancato Law Firm, P.A.]]></title>
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                <title><![CDATA[How to Defend Against an Armed Robbery Charge in Florida (2026)]]></title>
                <link>https://www.brancatolawfirm.com/blog/how-to-defend-against-an-armed-robbery-charge-in-florida/</link>
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                <dc:creator><![CDATA[Rocky Brancato]]></dc:creator>
                <pubDate>Tue, 09 Jun 2026 18:29:40 GMT</pubDate>
                
                    <category><![CDATA[Robbery]]></category>
                
                    <category><![CDATA[Violent Crimes]]></category>
                
                
                    <category><![CDATA[armed robbery]]></category>
                
                    <category><![CDATA[Firearms]]></category>
                
                    <category><![CDATA[robbery]]></category>
                
                
                
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                <description><![CDATA[<p>An armed robbery charge in Florida is a first-degree felony. If the state proves you carried a firearm during the offense, Florida’s 10-20-Life statute attaches a 10-year mandatory minimum on top of the underlying sentence. If the firearm was discharged, the floor rises to 20 years. If anyone was injured or killed, the floor is&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p class="wp-block-paragraph">An armed robbery charge in Florida is a first-degree felony. If the state proves you carried a firearm during the offense, <a href="https://www.flsenate.gov/Laws/Statutes/2024/775.087">Florida’s 10-20-Life statute</a> attaches a 10-year mandatory minimum on top of the underlying sentence. If the firearm was discharged, the floor rises to 20 years. If anyone was injured or killed, the floor is 25 years to life. Only the prosecutor can waive these minimums, which is why the strongest defenses are usually built before charges are even filed. At The Brancato Law Firm, we have secured not-guilty verdicts on armed robbery with a firearm cases (two counts in one trial) where mistaken identity, inconsistent witness testimony, and careful examination of the physical evidence dismantled the state’s case. Each case is unique, and past results do not guarantee future outcomes. The defenses we used in those cases are the same playbook that produces results across Hillsborough, Pinellas, and Pasco Counties when applied early.</p>



<p class="wp-block-paragraph">This guide covers what the state has to prove, the defenses that actually move the needle, and why the early hours and weeks of a case matter more in armed robbery than almost any other charge.</p>



<h2 class="wp-block-heading" id="h-what-armed-robbery-means-under-florida-law"><strong>What Armed Robbery Means Under Florida Law</strong></h2>



<p class="wp-block-paragraph">Robbery is defined in <a href="https://www.flsenate.gov/Laws/Statutes/2024/812.13">Florida Statute 812.13</a> as the taking of money or property from a person, by force, violence, assault, or putting the victim in fear, with intent to deprive them of it. The statute then layers the penalty based on what the accused was carrying.</p>



<p class="wp-block-paragraph">There is a meaningful legal difference between strong-arm robbery, robbery with a weapon, and robbery with a firearm or other deadly weapon. That difference controls the maximum sentence, the mandatory minimum, and whether the case is bondable.</p>



<figure class="wp-block-table"><table class="has-fixed-layout"><tbody><tr><td><strong>Charge</strong></td><td><strong>Statute</strong></td><td><strong>Felony Class</strong></td><td><strong>Maximum Sentence</strong></td><td><strong>10-20-Life Applies?</strong></td></tr><tr><td>Strong-arm robbery (no weapon)</td><td>§ 812.13(2)(c)</td><td>Second-degree felony</td><td>Up to 15 years</td><td>No</td></tr><tr><td>Robbery with a weapon (non-firearm, non-deadly)</td><td>§ 812.13(2)(b)</td><td>First-degree felony</td><td>Up to 30 years</td><td>No</td></tr><tr><td>Robbery with a firearm or other deadly weapon</td><td>§ 812.13(2)(a)</td><td>First-degree felony punishable by life</td><td>Up to life</td><td>Yes (firearm)</td></tr><tr><td>Robbery by sudden snatching</td><td>§ 812.131</td><td>Third or second-degree felony</td><td>Up to 5 or 15 years</td><td>No</td></tr><tr><td>Carjacking with a firearm or deadly weapon</td><td>§ 812.133</td><td>First-degree felony, life</td><td>Up to life</td><td>Yes (firearm)</td></tr><tr><td>Home-invasion robbery with a firearm or deadly weapon</td><td>§ 812.135</td><td>First-degree felony, life</td><td>Up to life</td><td>Yes (firearm)</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">Moving a case down even one row on this chart can mean a 15-year swing in maximum exposure and removes the 10-20-Life floor entirely. That is what most armed robbery defense work is actually about.</p>



<h2 class="wp-block-heading" id="h-the-elements-the-state-has-to-prove"><strong>The Elements the State Has to Prove</strong></h2>



<p class="wp-block-paragraph">To convict for armed robbery, the prosecutor must prove every one of the following beyond a reasonable doubt:</p>



<ul class="wp-block-list">
<li>A taking of money or property that could be the subject of theft</li>



<li>The property was taken from the person or custody of another</li>



<li>Force, violence, assault, or putting in fear was used in the course of the taking</li>



<li>Intent to permanently or temporarily deprive the owner of the property</li>



<li>The accused carried a firearm, deadly weapon, or other weapon during the offense</li>
</ul>



<p class="wp-block-paragraph">If the state cannot prove any one of these elements, the charge fails or has to be reduced.</p>



<p class="wp-block-paragraph">A note on what “carrying” means. The Florida Supreme Court held in <em>State v. Baker</em>, 452 So. 2d 927 (Fla. 1984), that the enhancement attaches to the carrying of the weapon, not the brandishing of it. The weapon does not have to be pointed at anyone. But “carry” still has limits. In <em>State v. Burris</em>, 875 So. 2d 408 (Fla. 2004), the court held that an automobile cannot be “carried” within the meaning of the statute. Edge cases like these are exactly the kind of pressure points a trial-tested defense attorney is looking for.</p>



<h2 class="wp-block-heading" id="h-why-armed-robbery-triggers-florida-s-10-20-life-law"><strong>Why Armed Robbery Triggers Florida’s 10-20-Life Law</strong></h2>



<p class="wp-block-paragraph">Florida Statute 775.087, known as 10-20-Life, was enacted in 1999 and remains the dominant sentencing factor in any armed robbery case involving a firearm. It strips judicial sentencing discretion from the judge.</p>



<figure class="wp-block-table"><table class="has-fixed-layout"><tbody><tr><td><strong>Conduct</strong></td><td><strong>Mandatory Minimum</strong></td></tr><tr><td>Possession of a firearm during the felony</td><td>10 years</td></tr><tr><td>Discharge of the firearm during the felony</td><td>20 years</td></tr><tr><td>Discharge causing death or great bodily harm</td><td>25 years to life</td></tr><tr><td>Possession or discharge of a semiautomatic with high-capacity magazine or a machine gun</td><td>15, 20, or 25-to-life</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">Three things about this statute make it especially dangerous:</p>



<ol class="wp-block-list">
<li>The mandatory term is <strong>in addition and consecutive</strong> to the sentence for the underlying robbery.</li>



<li>The judge has <strong>no authority to depart downward</strong> once the conviction is entered.</li>



<li><strong>Only the State Attorney’s Office can waive the minimum.</strong> The judge cannot. The defense attorney cannot.</li>
</ol>



<p class="wp-block-paragraph">That last point is the entire game. Once a 10-20-Life-eligible armed robbery conviction is in place, the floor is fixed. The leverage point is at charging and at plea negotiation, before the conviction. That is why we treat the first 30 days after an arrest as the most important window of the case.</p>



<h2 class="wp-block-heading" id="h-defenses-that-actually-move-the-needle-in-armed-robbery-cases"><strong>Defenses That Actually Move the Needle in Armed Robbery Cases</strong></h2>



<p class="wp-block-paragraph">Not every defense is equal. In armed robbery, a handful of defenses produce most of the meaningful outcomes, whether that means dismissal, a not-guilty verdict at trial, or a charge reduction that eliminates the mandatory minimum.</p>



<h3 class="wp-block-heading" id="h-mistaken-identity-and-eyewitness-misidentification"><strong>Mistaken Identity and Eyewitness Misidentification</strong></h3>



<p class="wp-block-paragraph">Eyewitness misidentification is the single most attackable evidence type in stranger-on-stranger robbery cases. According to<a href="https://innocenceproject.org/eyewitness-misidentification/"> the Innocence Project</a>, more than 60% of their wrongfully convicted clients were convicted in part because of eyewitness misidentification. Earlier DNA-era data put the figure even higher, in the 71 to 75% range.</p>



<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="1024" src="/static/2026/06/yewitness-Misidentification-Rate-in-Wrongful-Convictions-1024x1024.png" alt="Stat card showing over 60 percent of Innocence Project wrongful convictions involved eyewitness misidentification" class="wp-image-4355" srcset="/static/2026/06/yewitness-Misidentification-Rate-in-Wrongful-Convictions-1024x1024.png 1024w, /static/2026/06/yewitness-Misidentification-Rate-in-Wrongful-Convictions-300x300.png 300w, /static/2026/06/yewitness-Misidentification-Rate-in-Wrongful-Convictions-150x150.png 150w, /static/2026/06/yewitness-Misidentification-Rate-in-Wrongful-Convictions-768x768.png 768w, /static/2026/06/yewitness-Misidentification-Rate-in-Wrongful-Convictions.png 1254w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p class="wp-block-paragraph">Florida has officially recognized this risk. In 2017, the legislature passed Florida Statute 92.70, which requires non-participating, blind administration of live and photo lineups. The Florida Supreme Court adopted<a href="https://www.floridabar.org/the-florida-bar-news/court-adopts-new-eyewitness-id-jury-instruction/"> Standard Jury Instruction 3.9(c)</a> the following year, which directs jurors to weigh nine specific factors when evaluating eyewitness testimony, including the witness’s opportunity to observe, lapses of time, and cross-racial identification effects.</p>



<p class="wp-block-paragraph">When we challenge an identification, we are usually working on three fronts at once:</p>



<ul class="wp-block-list">
<li><strong>Suppression</strong> of any identification obtained through suggestive procedures (showups, single-photo displays, suggestive lineups)</li>



<li><strong>Cross-examination</strong> focused on the conditions of observation, lighting, distance, stress, weapon focus, and the gap between the event and the identification</li>



<li><strong>The 3.9(c) instruction</strong> at trial, which forces the jury to evaluate the identification through the same factors social science has shown to matter</li>
</ul>



<p class="wp-block-paragraph">In one armed robbery acquittal we tried, the victim had failed to mention a distinctive arm tattoo when describing the suspect to police. That single omission, paired with cross-examination on the conditions of the identification, was enough to win a not-guilty verdict. Each case is unique, and past results do not guarantee future outcomes.</p>



<h3 class="wp-block-heading" id="h-alibi-defense"><strong>Alibi Defense</strong></h3>



<p class="wp-block-paragraph">If the accused was not at the scene, that fact has to be developed methodically. Cell-tower records, GPS data, ride-share records, physical surveillance from third-party businesses, and corroborating witness testimony can all place a defendant somewhere other than the alleged crime location. Florida Rule of Criminal Procedure 3.200 requires advance written notice of alibi witnesses, so this defense has to be planned, not improvised.</p>



<p class="wp-block-paragraph">One practical point: most security DVRs overwrite their footage in 14 to 30 days. If alibi video exists at a gas station, restaurant, parking lot, or apartment complex, it has to be preserved fast. That is one of the most concrete reasons early counsel matters in robbery cases.</p>



<h3 class="wp-block-heading" id="h-challenging-the-weapon-element"><strong>Challenging the “Weapon” Element</strong></h3>



<p class="wp-block-paragraph">The line between “weapon,” “deadly weapon,” and “firearm” is where many armed robbery cases shift in the defendant’s favor. The legal definitions matter.</p>



<ul class="wp-block-list">
<li><strong>Firearm</strong> is defined in <a href="https://www.flsenate.gov/Laws/Statutes/2024/790.001">Florida Statute 790.001</a> as a weapon designed to expel a projectile by the action of an explosive, the frame or receiver of such a weapon, a silencer, a destructive device, or a machine gun.</li>



<li><strong>Weapon</strong> is defined as any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon, or other deadly weapon other than a firearm. A common pocketknife, plastic knife, or blunt-bladed table knife is excluded.</li>



<li><strong>Deadly weapon</strong> is a jury question. A weapon qualifies as deadly if it is used or threatened to be used in a way likely to produce death or great bodily harm.</li>
</ul>



<p class="wp-block-paragraph">Florida case law has carved out real defense room here:</p>



<ul class="wp-block-list">
<li><em>State v. Burris</em>, 875 So. 2d 408 (Fla. 2004): an automobile cannot be “carried” as a deadly weapon.</li>



<li><em>Dale v. State</em>, 703 So. 2d 1045 (Fla. 1997): whether an unloaded BB gun is a “deadly weapon” is a jury question, not a foregone conclusion.</li>



<li><em>D.D. v. State</em>: when the state could not prove the object was an actual firearm, the conviction was reduced from robbery with a deadly weapon to robbery with a weapon.</li>



<li><em>Butler v. State</em>, 602 So. 2d 1303 (Fla. 1st DCA 1992): when the state could not prove the defendant actually possessed a weapon, the appellate court reversed the armed robbery conviction and directed entry of judgment for unarmed robbery.</li>
</ul>



<p class="wp-block-paragraph">If the alleged “firearm” was a BB gun, a replica, a toy, or an object that was never recovered, the path from a life-felony charge to a 30-year first-degree felony to a 15-year second-degree felony is open. Each step down removes layers of mandatory time.</p>



<h3 class="wp-block-heading" id="h-specific-intent-defenses-and-the-afterthought-rule"><strong>Specific Intent Defenses and the “Afterthought” Rule</strong></h3>



<p class="wp-block-paragraph">Robbery is a specific-intent crime. The state has to prove the accused intended to permanently or temporarily deprive the owner of the property at the moment force was used. If force was used for a different reason, and the taking happened only as an afterthought, the charge is theft, not robbery.</p>



<p class="wp-block-paragraph">The Florida Supreme Court explained the rule in <em>Mahn v. State</em>, 714 So. 2d 391 (Fla. 1998), holding that where property is taken to effect escape after violence motivated by something other than theft, no robbery occurred. <em>DeJesus v. State</em>, 98 So. 3d 105 (Fla. 2d DCA 2012), confirms that defendants are entitled to a special “afterthought” jury instruction when the evidence supports it.</p>



<p class="wp-block-paragraph">A related defense is <strong>claim of right.</strong> Florida recognizes that a forcible taking under a bona fide claim of right is not robbery if the accused had a good-faith belief that they owned the property or were entitled to immediate possession of it. This often comes up in disputes over loaned items, drug debts (which present their own complications), and personal property arguments that turn physical.</p>



<h3 class="wp-block-heading" id="h-constitutional-motions-to-suppress"><strong>Constitutional Motions to Suppress</strong></h3>



<p class="wp-block-paragraph">Many armed robbery cases are won on motion practice before they ever reach a jury. Suppressing a single piece of evidence can collapse the case.</p>



<ul class="wp-block-list">
<li><strong>Fourth Amendment.</strong> Challenges to the legality of stops, searches, and seizures of clothing, firearms, vehicles, phones, and stolen property. If the firearm was found through an illegal search, it cannot be used at trial.</li>



<li><strong>Fifth Amendment.</strong> Challenges to statements made without proper <em>Miranda</em> warnings or under coercive interrogation conditions. The <a href="https://www.floridainnocence.org/contributing-factors">Innocence Project of Florida reports</a> that more than 25% of wrongful convictions overturned by DNA evidence involved false confessions, admissions, or statements to law enforcement.</li>



<li><strong>Sixth Amendment.</strong> Challenges to violations of the right to counsel, including statements taken after the right attached, and Confrontation Clause challenges to surrogate or uncross-examined witness testimony under <em>Crawford v. Washington</em>, 541 U.S. 36 (2004).</li>
</ul>



<p class="wp-block-paragraph">When we work an armed robbery case, motions to suppress are usually drafted in the first 60 to 90 days. Suppression of an identification, a confession, or the firearm itself can convert a life-exposure case into a dismissal or a substantially reduced plea.</p>



<h3 class="wp-block-heading" id="h-duress-and-coercion"><strong>Duress and Coercion</strong></h3>



<p class="wp-block-paragraph">Duress is available when the accused participated under an imminent and well-grounded threat of serious harm, with no reasonable opportunity to escape. It comes up most often in cases involving co-defendants, gang involvement, or human trafficking situations. It is a narrow defense and requires careful corroboration, but in the right facts it can be decisive.</p>



<h2 class="wp-block-heading" id="h-what-realistic-outcomes-look-like"><strong>What Realistic Outcomes Look Like</strong></h2>



<p class="wp-block-paragraph">It would be dishonest to write about armed robbery defense without addressing the reality of how these cases actually resolve. According to <a href="https://bjs.ojp.gov/topics/courts/case-processing">BJS case-processing data</a> and the <a href="https://www.americanbar.org/groups/criminal_justice/committees/taskforces/plea_bargain_tf/">ABA Plea Bargain Task Force</a>, the vast majority of felony cases in the United States resolve by guilty plea, not by trial. The ABA Task Force’s 2023 report concluded that nearly 98% of criminal convictions come from guilty pleas.</p>



<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="1024" src="/static/2026/06/Criminal-Case-Resolution-by-Guilty-Plea-vs-Trial-1024x1024.png" alt="Horizontal timeline showing key defense deadlines from 14 days to 90 days after arrest" class="wp-image-4356" srcset="/static/2026/06/Criminal-Case-Resolution-by-Guilty-Plea-vs-Trial-1024x1024.png 1024w, /static/2026/06/Criminal-Case-Resolution-by-Guilty-Plea-vs-Trial-300x300.png 300w, /static/2026/06/Criminal-Case-Resolution-by-Guilty-Plea-vs-Trial-150x150.png 150w, /static/2026/06/Criminal-Case-Resolution-by-Guilty-Plea-vs-Trial-768x768.png 768w, /static/2026/06/Criminal-Case-Resolution-by-Guilty-Plea-vs-Trial.png 1254w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p class="wp-block-paragraph">That statistic should not push anyone into accepting a plea reflexively. Trial-level preparation is what creates the leverage to negotiate something better than the 10-year mandatory floor. <a href="https://www.vera.org/publications/in-the-shadows-plea-bargaining">Vera Institute research</a> on plea bargaining documents that a real “trial penalty” exists, with custodial sentences imposed at trial running substantially longer than sentences imposed through plea agreements. That trial penalty means trial is a real option only when the case is genuinely defensible. When it is, the defense should be ready.</p>



<p class="wp-block-paragraph">Realistic outcomes in armed robbery cases generally fall into one of these categories:</p>



<ul class="wp-block-list">
<li><strong>Dismissal</strong> through successful motions to suppress or motions to dismiss under Rule 3.190(c)(4), particularly when the firearm or identification is excluded</li>



<li><strong>Charge reduction</strong> to robbery with a weapon (no 10-20-Life), simple robbery, grand theft, or robbery by sudden snatching, restoring judicial sentencing discretion</li>



<li><strong>Youthful Offender sentencing</strong> under <a href="https://www.flsenate.gov/Laws/Statutes/2024/958.04">Florida Statute 958.04</a> for defendants under 21, capping incarceration at 4 years and the total sentence at 6 years (a critical leverage point we discuss in our overview of <a href="https://www.brancatolawfirm.com/blog/understanding-youthful-offender-sentencing-in-florida/">Youthful Offender sentencing in Florida</a>)</li>



<li><strong>Acquittal at trial</strong> when the identification, weapon element, or specific intent is genuinely contestable</li>



<li><strong>Negotiated plea</strong> to a non-mandatory disposition when the facts cannot support reduction to a lesser charge but the defense can show pre-trial weaknesses</li>
</ul>



<p class="wp-block-paragraph">The Youthful Offender option is worth a special mention. If the accused was under 21 at the time of sentencing, with no prior YO designation, and the conviction is for a non-life felony (which includes robbery with a weapon but not robbery with a firearm sentenced as a life felony), Youthful Offender sentencing allows the prosecutor to waive 10-20-Life entirely. That single statutory tool has changed the trajectory of more young defendants’ lives than almost any other plea-stage move available.</p>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="877" height="877" src="/static/2026/06/Armed-Robbery-Sentencing-Standard-vs-Youthful-Offender.jpg" alt="Donut chart showing 98 percent of U.S. criminal convictions result from guilty pleas" class="wp-image-4358" srcset="/static/2026/06/Armed-Robbery-Sentencing-Standard-vs-Youthful-Offender.jpg 877w, /static/2026/06/Armed-Robbery-Sentencing-Standard-vs-Youthful-Offender-300x300.jpg 300w, /static/2026/06/Armed-Robbery-Sentencing-Standard-vs-Youthful-Offender-150x150.jpg 150w, /static/2026/06/Armed-Robbery-Sentencing-Standard-vs-Youthful-Offender-768x768.jpg 768w" sizes="auto, (max-width: 877px) 100vw, 877px" /></figure>



<h2 class="wp-block-heading" id="h-why-early-attorney-involvement-matters-more-in-armed-robbery-cases"><strong>Why Early Attorney Involvement Matters More in Armed Robbery Cases</strong></h2>



<p class="wp-block-paragraph">In most criminal cases, hiring an attorney quickly is helpful. In armed robbery, it is decisive. Here is why.</p>



<p class="wp-block-paragraph"><strong>Pre-file advocacy.</strong> Between the arrest and the State Attorney’s filing decision (typically 21 to 33 days), the prosecutor is making the single most consequential decision in the case: what to charge. A defense attorney working that window can present evidence the police did not have, raise legal issues the assigned prosecutor may not have considered, and influence whether the firearm enhancement, the deadly-weapon enhancement, or the case itself is filed.</p>



<p class="wp-block-paragraph"><strong>Evidence preservation.</strong> Surveillance video at gas stations, restaurants, and apartments is overwritten in 14 to 30 days. Cell phone data has retention windows. Witnesses’ memories degrade. The first two weeks are when defense investigation is most productive.</p>



<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="1024" src="/static/2026/06/Critical-Defense-Windows-After-an-Armed-Robbery-Arrest-1024x1024.png" alt="Side-by-side comparison of standard armed robbery sentencing exposure versus Youthful Offender caps in Florida" class="wp-image-4357" srcset="/static/2026/06/Critical-Defense-Windows-After-an-Armed-Robbery-Arrest-1024x1024.png 1024w, /static/2026/06/Critical-Defense-Windows-After-an-Armed-Robbery-Arrest-300x300.png 300w, /static/2026/06/Critical-Defense-Windows-After-an-Armed-Robbery-Arrest-150x150.png 150w, /static/2026/06/Critical-Defense-Windows-After-an-Armed-Robbery-Arrest-768x768.png 768w, /static/2026/06/Critical-Defense-Windows-After-an-Armed-Robbery-Arrest.png 1254w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p class="wp-block-paragraph"><strong>Identification challenges.</strong> The earlier we get into a case, the more we can do to challenge a suggestive showup, demand a fair lineup procedure, or prevent a contaminated identification from hardening into the witness’s permanent recollection.</p>



<p class="wp-block-paragraph"><strong>The mandatory-minimum problem.</strong> Because only the prosecutor can waive 10-20-Life, the negotiation that matters is functionally with the State Attorney’s Office, not the judge. That negotiation is most effective when defense counsel is in early enough to influence the charge before it is filed.</p>



<p class="wp-block-paragraph">This is the mechanical reason the<a href="https://www.brancatolawfirm.com/tampa-violent-crime-lawyer/"> Tampa Violent Crime Lawyer page</a> and the<a href="https://www.brancatolawfirm.com/tampa-gun-crimes-lawyer/"> Tampa Gun Crimes Lawyer page</a> on our website both emphasize 24/7 availability. The first 72 hours after an arrest are when surveillance footage is still recoverable, witnesses are still reachable, and the State Attorney’s filing decision is still in motion.</p>



<h2 class="wp-block-heading" id="h-frequently-asked-questions"><strong>Frequently Asked Questions</strong></h2>



<h3 class="wp-block-heading" id="h-what-is-the-minimum-sentence-for-armed-robbery-in-florida"><strong>What is the minimum sentence for armed robbery in Florida?</strong></h3>



<p class="wp-block-paragraph">If a firearm was carried during the robbery, the mandatory minimum is 10 years under Florida’s 10-20-Life law. If the firearm was discharged, the minimum is 20 years. If anyone was injured or killed, the minimum is 25 years to life. Only the prosecutor can waive these minimums.</p>



<h3 class="wp-block-heading" id="h-can-a-bb-gun-count-as-a-firearm-in-florida-armed-robbery-cases"><strong>Can a BB gun count as a firearm in Florida armed robbery cases?</strong></h3>



<p class="wp-block-paragraph">Not as a firearm under Florida Statute 790.001, but it can still qualify as a “weapon” or “deadly weapon” depending on the facts. The Florida Supreme Court held in <em>Dale v. State</em> that whether an unloaded BB gun is a deadly weapon is a jury question. If the state cannot prove the object was an actual firearm, the charge often drops from robbery with a firearm (life felony, 10-year mandatory) to robbery with a weapon (first-degree felony, 30-year max, no mandatory).</p>



<h3 class="wp-block-heading" id="h-what-if-i-did-not-actually-have-a-weapon-during-the-alleged-robbery"><strong>What if I did not actually have a weapon during the alleged robbery?</strong></h3>



<p class="wp-block-paragraph">If the state cannot prove possession of a weapon, the proper charge is strong-arm robbery (a second-degree felony with a 15-year maximum) or, in some fact patterns, theft. <em>Butler v. State</em> is the key case: the appellate court reversed an armed robbery conviction and directed entry of judgment for unarmed robbery when the state could not prove the defendant actually possessed a weapon.</p>



<h3 class="wp-block-heading" id="h-can-armed-robbery-charges-be-reduced-or-dropped-before-trial"><strong>Can armed robbery charges be reduced or dropped before trial?</strong></h3>



<p class="wp-block-paragraph">Yes, and this is where most of the meaningful defense work happens. Successful motions to suppress (of an identification, a confession, or the firearm) can collapse the case entirely. Charge reductions to robbery with a weapon, simple robbery, or grand theft remove the 10-20-Life floor. Pre-file advocacy can sometimes prevent the firearm enhancement from being filed in the first place.</p>



<h3 class="wp-block-heading" id="h-should-i-talk-to-police-if-i-am-being-investigated-for-armed-robbery"><strong>Should I talk to police if I am being investigated for armed robbery?</strong></h3>



<p class="wp-block-paragraph">No. Invoke your right to remain silent and your right to counsel, and do it clearly and out loud. The Florida Innocence Commission’s data on false confessions, combined with the legal architecture of <em>Miranda</em>, makes this the single highest-leverage decision a person under investigation can make. There is no upside to giving a statement. Wait for an attorney.</p>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="877" height="877" src="/static/2026/06/False-Confessions-in-Wrongful-Convictions.jpg" alt="Pull quote about invoking the right to silence with stat that over 25 percent of DNA-overturned wrongful convictions involved false confessions" class="wp-image-4359" srcset="/static/2026/06/False-Confessions-in-Wrongful-Convictions.jpg 877w, /static/2026/06/False-Confessions-in-Wrongful-Convictions-300x300.jpg 300w, /static/2026/06/False-Confessions-in-Wrongful-Convictions-150x150.jpg 150w, /static/2026/06/False-Confessions-in-Wrongful-Convictions-768x768.jpg 768w" sizes="auto, (max-width: 877px) 100vw, 877px" /></figure>



<h3 class="wp-block-heading" id="h-how-long-does-an-armed-robbery-case-take-to-resolve-in-florida"><strong>How long does an armed robbery case take to resolve in Florida?</strong></h3>



<p class="wp-block-paragraph">Felony defendants are entitled to be brought to trial within 175 days under Florida Rule of Criminal Procedure 3.191. The Florida Supreme Court restructured this rule effective July 1, 2025: the speedy trial clock now starts when formal charges are filed (not at arrest), the recapture period grew from 10 days to 30 days, and recapture is now mandatory in all cases. In practice, armed robbery cases often take 9 to 18 months to resolve, longer if a trial is set.</p>



<h2 class="wp-block-heading" id="h-how-the-brancato-law-firm-approaches-armed-robbery-cases"><strong>How The Brancato Law Firm Approaches Armed Robbery Cases</strong></h2>



<p class="wp-block-paragraph">We handle armed robbery cases the way we handle homicide cases: with full forensic preparation from day one. Our managing partner, Rocky Brancato, served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where he led the largest criminal defense operation in Tampa Bay. He understands charging policies, mandatory-minimum dynamics, and the State Attorney’s filing process from the leadership level. He has tried 150+ jury trials to verdict and is death-qualified, a credential reflecting the rigorous standards required for the most serious criminal matters.</p>



<p class="wp-block-paragraph">Our published armed robbery results include a not-guilty verdict on armed robbery with a firearm (two counts) where mistaken-identity defense was built around hands-on examination of the evidence and cross-examination of the investigating detectives, and a not-guilty verdict on a separate armed robbery case where we exposed the victim’s failure to mention a distinctive arm tattoo when describing the suspect. Each case is unique, and past results do not guarantee future outcomes.</p>



<p class="wp-block-paragraph">We ensure every client receives thorough preparation. We provide upfront, flat-fee pricing on every case, with payment plans available. Free, confidential consultations are available 24/7 by phone.</p>



<p class="wp-block-paragraph">If you or a family member has been arrested for armed robbery, robbery with a firearm, or robbery with a deadly weapon in Hillsborough, Pinellas, or Pasco County, the next 72 hours matter more than the next 72 days. Call <strong>(813) 727-7159</strong> for a confidential, no-obligation consultation. We will give you a straight answer about your case, the realistic range of outcomes, and what early defense work can do to change the trajectory.</p>
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            <item>
                <title><![CDATA[What Is Robbery in Florida?]]></title>
                <link>https://www.brancatolawfirm.com/blog/what-is-robbery-in-florida/</link>
                <guid isPermaLink="true">https://www.brancatolawfirm.com/blog/what-is-robbery-in-florida/</guid>
                <dc:creator><![CDATA[Brancato Law Firm, P.A.]]></dc:creator>
                <pubDate>Mon, 23 Feb 2026 04:21:00 GMT</pubDate>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Felonies]]></category>
                
                    <category><![CDATA[Legal Defenses]]></category>
                
                    <category><![CDATA[Property Crimes]]></category>
                
                    <category><![CDATA[Sentencing]]></category>
                
                
                    <category><![CDATA[armed robbery]]></category>
                
                    <category><![CDATA[felony penalties]]></category>
                
                    <category><![CDATA[robbery]]></category>
                
                    <category><![CDATA[trespass]]></category>
                
                    <category><![CDATA[violent crimes]]></category>
                
                
                
                    <media:thumbnail url="https://brancatolawfirm-com.justia.site/wp-content/uploads/sites/1227/2026/02/robbery-florida-penalties-defense-featured.jpg" />
                
                <description><![CDATA[<p>Key Takeaway: Robbery charges in Florida are among the most serious offenses. Robbery means taking something from another person using force or fear. It is always a felony. A strong-arm robbery carries up to 15 years in prison, and armed robbery with a firearm can mean life in prison with a 10-year mandatory minimum. I’m&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p class="has-border-color wp-block-paragraph" style="border-color:#333333;border-style:solid;border-width:2px;padding-top:15px;padding-right:15px;padding-bottom:15px;padding-left:15px"><strong>Key Takeaway:</strong> Robbery charges in Florida are among the most serious offenses. Robbery means taking something from another person using force or fear. It is always a felony. A strong-arm robbery carries up to 15 years in prison, and armed robbery with a firearm can mean life in prison with a 10-year mandatory minimum.</p>



<p class="wp-block-paragraph">I’m Tampa Criminal Defense Attorney Rocky Brancato. With more than 150 jury trials to verdict — including robbery and armed robbery cases tried to Not Guilty verdicts — I know how prosecutors build these cases and exactly where they fall apart.</p>



<h2 class="wp-block-heading" id="h-how-does-florida-define-robbery">How Does Florida Define Robbery?</h2>



<p class="has-border-color wp-block-paragraph" style="border-color:#333333;border-style:solid;border-width:2px;padding-top:15px;padding-right:15px;padding-bottom:15px;padding-left:15px"><strong>Florida Statute § 812.13:</strong> Robbery is taking money or property from another person while using force, violence, assault, or threats that put the victim in fear.</p>



<p class="wp-block-paragraph">In order to convict you, prosecutors in the 13th Judicial Circuit must prove three things beyond a reasonable doubt:</p>



<ul class="wp-block-list">
<li>You took money or property from the victim</li>



<li>You intended to keep it (even temporarily)</li>



<li>You used force, violence, or threats during the taking</li>
</ul>



<p class="wp-block-paragraph">That third element — force or fear — is everything. In other words, it is the single thing that separates robbery from regular theft. As a result, if the State cannot prove force or fear actually happened, the Florida robbery charge should not hold. Therefore, this is one of the first things we examine at <a href="/">The Brancato Law Firm, P.A.</a></p>



<h2 class="wp-block-heading" id="h-i-was-robbed-why-that-word-probably-does-not-apply">“I Was Robbed” — Why That Word Probably Does Not Apply</h2>



<p class="wp-block-paragraph">People say “I was robbed” all the time. Someone broke into their car? “I was robbed.” Their house was broken into while they were on vacation? “Robbed.” However, under Florida law, none of those situations are actually robbery.</p>



<p class="wp-block-paragraph">Robbery means someone took something from you face-to-face, using force or threats. In contrast, if nobody confronted you directly, it was not robbery — it was burglary or theft. Consequently, these are very different charges with very different penalties.</p>



<figure class="wp-block-table is-style-stripes"><table class="has-fixed-layout"><thead><tr><th>Offense</th><th>What Makes It Different</th><th>Face-to-Face?</th><th>Example</th></tr></thead><tbody><tr><td>Robbery (§ 812.13)</td><td>Force or threats during the taking</td><td>Yes — always</td><td>Demanding a wallet at gunpoint</td></tr><tr><td>Burglary (§ 810.02)</td><td>Entering a building to commit a crime</td><td>No</td><td>Breaking into an empty house</td></tr><tr><td>Theft (§ 812.014)</td><td>Taking property without consent</td><td>No</td><td>Shoplifting from a store</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">Because of this, the charge you actually face changes everything about your defense. At <a href="/">The Brancato Law Firm, P.A.</a>, the first thing we do is make sure the charge fits the facts.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="683" height="1024" src="/static/2026/02/robbery-vs-burglary-vs-theft-florida-infographic-683x1024.jpg" alt="Infographic by Tampa criminal defense attorney Rocky Brancato of The Brancato Law Firm, P.A. comparing robbery, burglary, and theft in Florida. Robbery is taking property face-to-face using force, violence, or fear, and is always a felony punishable by up to life. Burglary is entering a structure to commit a crime with no confrontation needed and is a felony whose severity depends on the circumstances. Theft is taking property without consent and without force and can be a misdemeanor. Force or fear is the only element that makes a taking a robbery, and prosecutors often overcharge." class="wp-image-4250" style="aspect-ratio:0.6669945148477398;width:375px;height:auto" srcset="/static/2026/02/robbery-vs-burglary-vs-theft-florida-infographic-683x1024.jpg 683w, /static/2026/02/robbery-vs-burglary-vs-theft-florida-infographic-200x300.jpg 200w, /static/2026/02/robbery-vs-burglary-vs-theft-florida-infographic-768x1152.jpg 768w, /static/2026/02/robbery-vs-burglary-vs-theft-florida-infographic.jpg 1024w" sizes="auto, (max-width: 683px) 100vw, 683px" /></figure>
</div>


<h2 class="wp-block-heading" id="h-what-are-the-three-types-of-robbery-in-florida">What Are the Three Types of Robbery in Florida?</h2>



<p class="wp-block-paragraph">Specifically, Florida breaks robbery into three categories based on whether the offender carried a weapon. The type of weapon — or lack of one — controls how much prison time you face.</p>



<h3 class="wp-block-heading" id="h-armed-robbery-with-a-firearm-or-deadly-weapon">Armed Robbery with a Firearm or Deadly Weapon</h3>



<p class="wp-block-paragraph">This is the most serious category. If you had a firearm or deadly weapon during the robbery, you face a first-degree felony punishable by up to life in prison. In fact, you do not have to point or fire the weapon — just having it on you is enough for this charge.</p>



<h3 class="wp-block-heading" id="h-robbery-with-a-weapon">Robbery with a Weapon</h3>



<p class="wp-block-paragraph">Similarly, if you had a weapon that does not qualify as a firearm or deadly weapon, it is still a first-degree felony with up to 30 years in prison. However, Florida courts have debated what counts as a “weapon” for decades, and that gray area is often where a strong defense begins.</p>



<h3 class="wp-block-heading" id="h-strong-arm-robbery-no-weapon">Strong-Arm Robbery (No Weapon)</h3>



<p class="wp-block-paragraph">Finally, when the offender carries no weapon, it is a second-degree felony with up to 15 years in prison. Nevertheless, even though this is the least severe robbery charge Florida, 15 years is still a life-changing sentence. We take every robbery classification seriously at <a href="/">The Brancato Law Firm, P.A.</a></p>



<h2 class="wp-block-heading" id="h-what-are-the-penalties-for-robbery-in-florida">What Are the Penalties for Robbery in Florida?</h2>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img loading="lazy" decoding="async" width="683" height="1024" src="/static/2026/02/florida-10-20-life-robbery-mandatory-minimums-infographic-683x1024.jpg" alt="Infographic by Tampa criminal defense attorney Rocky Brancato of The Brancato Law Firm, P.A. explaining Florida's 10-20-Life law for armed robbery under Statute 775.087. Possessing a firearm during a robbery triggers a 10-year mandatory minimum. Discharging a firearm triggers a 20-year mandatory minimum. If someone is injured or killed, the mandatory minimum is 25 years to life. The judge has no discretion to go lower, making the weapon classification critical to the defense." class="wp-image-4251" style="aspect-ratio:0.6669945148477398;width:399px;height:auto" srcset="/static/2026/02/florida-10-20-life-robbery-mandatory-minimums-infographic-683x1024.jpg 683w, /static/2026/02/florida-10-20-life-robbery-mandatory-minimums-infographic-200x300.jpg 200w, /static/2026/02/florida-10-20-life-robbery-mandatory-minimums-infographic-768x1152.jpg 768w, /static/2026/02/florida-10-20-life-robbery-mandatory-minimums-infographic.jpg 1024w" sizes="auto, (max-width: 683px) 100vw, 683px" /></figure>
</div>


<p class="wp-block-paragraph">As noted above, every robbery offense Florida in Florida is a felony. Furthermore, the penalties jump sharply depending on whether the offender carried a weapon, and Florida’s 10-20-Life law adds mandatory minimums that judges cannot override.</p>



<figure class="wp-block-table is-style-stripes"><table class="has-fixed-layout"><thead><tr><th>Robbery Type</th><th>Felony Level</th><th>Max Penalty</th><th>Mandatory Minimum</th></tr></thead><tbody><tr><td>Armed Robbery (firearm/deadly weapon)</td><td>1st Degree</td><td>Life in Prison</td><td>10 years (possess), 20 years (discharge), 25-to-life (injury)</td></tr><tr><td>Robbery with a Weapon</td><td>1st Degree</td><td>30 Years</td><td>Varies by weapon</td></tr><tr><td>Strong-Arm Robbery (no weapon)</td><td>2nd Degree</td><td>15 Years</td><td>None</td></tr></tbody></table></figure>



<p class="has-border-color wp-block-paragraph" style="border-color:#333333;border-style:solid;border-width:2px;padding-top:15px;padding-right:15px;padding-bottom:15px;padding-left:15px"><strong>10-20-Life Warning:</strong> Under § 775.087, just having a firearm during a robbery triggers a 10-year mandatory minimum. Fire the weapon? That jumps to 20 years. If someone is hurt, the mandatory minimum is 25 years to life. The judge has zero discretion to go lower. If you are facing armed robbery, call <a href="/">The Brancato Law Firm, P.A.</a> immediately at (813) 727-7159.</p>



<h2 class="wp-block-heading" id="h-is-a-bb-gun-a-firearm-for-robbery-charges">Is a BB Gun a Firearm for Robbery Charges?</h2>



<p class="wp-block-paragraph">No. Under Florida law, a firearm must fire a projectile using an explosive charge. Because a BB gun does not do that, it does not qualify as a firearm. However, courts have ruled that a BB gun can still be classified as a “deadly weapon” depending on how it was used — for example, if the person implied it was loaded and the victims had no reason to think otherwise.</p>



<p class="wp-block-paragraph">As a result, this distinction matters enormously. The difference between “firearm” and “deadly weapon” can mean the difference between a life sentence and a significantly shorter one. At <a href="/">The Brancato Law Firm, P.A.</a>, we analyze exactly how someone used the alleged weapon because that analysis often determines the outcome.</p>



<h2 class="wp-block-heading" id="h-what-sentencing-enhancements-can-stack-on-a-robbery-charge">What Sentencing Enhancements Can Stack on a Robbery Charge?</h2>



<p class="wp-block-paragraph">Beyond the base penalties, robbery charges can get much worse when prosecutors stack additional enhancements. In particular, Hillsborough County prosecutors routinely pursue these, and they can turn a serious sentence into a devastating one.</p>



<figure class="wp-block-table is-style-stripes"><table class="has-fixed-layout"><thead><tr><th>Enhancement</th><th>What It Does</th></tr></thead><tbody><tr><td>10-20-Life (§ 775.087)</td><td>Mandatory minimums of 10, 20, or 25 years to life based on firearm use</td></tr><tr><td>Prison Releasee Reoffender (§ 775.082(9))</td><td>Mandatory maximum sentence — life for armed robbery with a firearm</td></tr><tr><td>Habitual Felony Offender (§ 775.084)</td><td>Longer maximum sentences based on prior felony history</td></tr><tr><td>Habitual Violent Felony Offender (§ 775.084)</td><td>Mandatory minimums for repeat violent offenders</td></tr><tr><td>Robbery While Wearing a Mask (§ 775.0845)</td><td>Bumps the charge up to a higher felony degree</td></tr></tbody></table></figure>



<p class="wp-block-paragraph">Consequently, because these enhancements can stack on top of each other, a single armed robbery statute Florida can result in a life sentence. For this reason, we review every prior conviction and every fact at <a href="/">The Brancato Law Firm, P.A.</a> — to find grounds to challenge each enhancement.</p>



<h2 class="wp-block-heading" id="h-how-does-the-brancato-law-firm-defend-robbery-charges">How Does The Brancato Law Firm Defend Robbery Charges?</h2>



<p class="wp-block-paragraph">Because I served as Chief Operations Officer and Chief Assistant Public Defender of the Hillsborough County Public Defender’s Office — managing over 100 attorneys — I have seen every defense strategy that works and every one that fails.</p>



<h3 class="wp-block-heading" id="h-robbery-case-results">Robbery Case Results</h3>



<p class="has-border-color wp-block-paragraph" style="border-color:#333333;border-style:solid;border-width:2px;padding-top:15px;padding-right:15px;padding-bottom:15px;padding-left:15px"><strong>Case Study — Not Guilty, Armed Robbery with Firearm (Two Counts):</strong> We represented a man accused of robbing another man for expensive car rims at gunpoint. Before trial, Rocky personally visited the client’s home, the crime scene, and the evidence room to examine every piece of evidence — including a specific reversible jacket. That hands-on investigation gave Rocky superior knowledge of the details, which he used to cross-examine the detectives and prepare his client to testify. The jury returned Not Guilty on both counts of armed robbery.<br><br><em>Past results do not guarantee future outcomes.</em></p>



<p class="has-border-color wp-block-paragraph" style="border-color:#333333;border-style:solid;border-width:2px;padding-top:15px;padding-right:15px;padding-bottom:15px;padding-left:15px"><strong>Case Study — Not Guilty, Armed Robbery (Wimauma):</strong> We represented a man charged with armed robbery. At trial, we presented a mistaken identity defense built around a critical detail: the victim never mentioned our client’s distinctive arm tattoo when describing the suspect to police. That inconsistency created reasonable doubt, and the jury returned a Not Guilty verdict.<br><br><em>Past results do not guarantee future outcomes.</em></p>



<p class="has-border-color wp-block-paragraph" style="border-color:#333333;border-style:solid;border-width:2px;padding-top:15px;padding-right:15px;padding-bottom:15px;padding-left:15px"><strong>Case Study — Not Guilty, Kidnapping and Robbery (Plant City):</strong> We represented a man facing kidnapping and robbery charges. Rocky presented a strong mistaken identity defense, challenging the prosecution’s evidence at every turn. The jury found our client Not Guilty on both charges.<br><br><em>Past results do not guarantee future outcomes.</em></p>



<p class="has-border-color wp-block-paragraph" style="border-color:#333333;border-style:solid;border-width:2px;padding-top:15px;padding-right:15px;padding-bottom:15px;padding-left:15px"><strong>Case Study — Robbery Dismissed (November 2025):</strong> We represented a woman accused of participating in a robbery and severely beating another woman. After Rocky’s investigation, the robbery charge Florida was dismissed entirely and the aggravated battery was reduced to a misdemeanor with a probationary sentence.<br><br><em>Past results do not guarantee future outcomes.</em></p>



<h3 class="wp-block-heading" id="h-how-we-attack-the-prosecution-s-case">How We Attack the Prosecution’s Case</h3>



<p class="wp-block-paragraph">Our defense process focuses on the weak points in every robbery case:</p>



<ul class="wp-block-list">
<li><strong>Eyewitness identification</strong> — Photo lineups, show-ups, and in-court IDs are frequently flawed. We challenge the procedures and, when needed, retain identification experts.</li>



<li><strong>The force or fear element</strong> — If the State cannot prove force, violence, or threats, the robbery charge should be reduced to theft.</li>



<li><strong>Weapon classification</strong> — Whether an object qualifies as a firearm, deadly weapon, or weapon can be the difference between life in prison and 15 years.</li>



<li><strong>Independent forensic review</strong> — Our experts review surveillance footage, DNA, and physical evidence separately from what the State presents.</li>
</ul>



<h2 class="wp-block-heading" id="h-what-are-common-defenses-to-robbery-in-florida">What Are Common Defenses to Robbery in Florida?</h2>



<p class="wp-block-paragraph">Every robbery case is different, and the best defense depends on the facts. Here are the strategies we most commonly pursue at <a href="/">The Brancato Law Firm, P.A.</a></p>



<figure class="wp-block-table is-style-stripes"><table class="has-fixed-layout"><thead><tr><th>Defense</th><th>When It Applies</th></tr></thead><tbody><tr><td>Mistaken Identity</td><td>Unreliable eyewitness, poor surveillance, flawed lineup procedures</td></tr><tr><td>No Force or Fear</td><td>No actual violence, threats, or intimidation occurred during the taking</td></tr><tr><td>Weapon Misclassification</td><td>The object does not meet the legal definition of a firearm or deadly weapon</td></tr><tr><td>Lack of Intent</td><td>No intent to permanently or temporarily keep the property</td></tr><tr><td>Mere Presence</td><td>Being at the scene does not mean you participated in the robbery</td></tr><tr><td>Coercion or Duress</td><td>You were forced to participate by someone else</td></tr></tbody></table></figure>



<h2 class="wp-block-heading" id="h-what-charges-often-come-with-robbery">What Charges Often Come With Robbery?</h2>



<p class="wp-block-paragraph">Robbery charges rarely stand alone. Instead, prosecutors frequently stack related charges, and each one adds potential prison time. Therefore, understanding what you are actually facing is critical to building the right defense.</p>



<p class="wp-block-paragraph"><strong>Felony Murder (§ 782.04):</strong> For example, if someone dies during a robbery — even accidentally — you can be charged with first-degree murder. This carries life in prison or even the death penalty. Because I am death-qualified under the Rules of the Florida Supreme Court, I understand the stakes of these cases and know how to defend them.</p>



<p class="wp-block-paragraph"><strong>Carjacking (§ 812.133):</strong> Additionally, this is robbery where the property taken is a car. You can be convicted of both robbery and carjacking if different property was involved in the same incident.</p>



<p class="wp-block-paragraph"><strong>Robbery by Sudden Snatching (§ 812.131):</strong> On the other hand, this is a lesser offense — a third-degree felony with up to 5 years instead of 15. Accordingly, successfully arguing for this reclassification can dramatically reduce your exposure.</p>



<h2 class="wp-block-heading" id="h-what-about-juvenile-robbery-charges">What About Juvenile Robbery Charges?</h2>



<p class="wp-block-paragraph">Robbery charges hit juvenile defendants differently. Indeed, Florida courts have recognized that sentencing minors the same as adults raises serious constitutional problems. As a consequence, courts have thrown out life sentences for juveniles convicted of armed robbery and capped sentences to make sure young people get a real chance at release. At <a href="/">The Brancato Law Firm, P.A.</a>, we fight to protect the future of young clients facing robbery charges Florida in Hillsborough, Pinellas, and Pasco Counties.</p>



<h2 class="wp-block-heading" id="h-frequently-asked-questions-about-florida-robbery-charges">Frequently Asked Questions About Florida Robbery Charges</h2>



<h3 class="wp-block-heading" id="h-what-is-the-difference-between-robbery-and-theft-in-florida">What is the difference between robbery and theft in Florida?</h3>



<p class="wp-block-paragraph">Robbery requires force, violence, or threats during the taking. In contrast, theft does not. Because of that distinction, robbery is always a felony, while theft can be a misdemeanor. Tampa Criminal Defense Attorney Rocky Brancato at <a href="/">The Brancato Law Firm, P.A.</a> can evaluate whether the force element is actually supported in your case.</p>



<h3 class="wp-block-heading" id="h-can-robbery-charges-be-dropped-in-florida">Can robbery charges be dropped in Florida?</h3>



<p class="wp-block-paragraph">Yes. If the defense shows there is not enough evidence of force or fear, or if there were constitutional violations during the investigation, robbery charges can be dropped. In addition, pre-file intervention — where an attorney presents evidence to prosecutors before formal charges are filed — can also prevent charges entirely. Call <a href="/">The Brancato Law Firm, P.A.</a> at (813) 727-7159.</p>



<h3 class="wp-block-heading" id="h-what-is-strong-arm-robbery">What is strong-arm robbery?</h3>



<p class="wp-block-paragraph">Strong-arm robbery is robbery without a weapon. It is a second-degree felony with up to 15 years in prison. Even without a weapon, prosecutors still push for aggressive sentences. <a href="/">The Brancato Law Firm, P.A.</a> defends strong-arm robbery cases throughout Hillsborough, Pinellas, and Pasco Counties.</p>



<h3 class="wp-block-heading" id="h-how-long-do-you-go-to-jail-for-armed-robbery-in-florida">How long do you go to jail for armed robbery in Florida?</h3>



<p class="wp-block-paragraph">Armed robbery with a firearm is a first-degree felony punishable by up to life in prison. On top of that, Florida’s 10-20-Life law triggers a 10-year mandatory minimum just for having the firearm. Furthermore, if someone fired the firearm, the minimum jumps to 20 years. <a href="/">The Brancato Law Firm, P.A.</a> fights to challenge firearm classifications and reduce mandatory minimums.</p>



<h3 class="wp-block-heading" id="h-can-i-be-charged-with-robbery-if-i-did-not-actually-take-anything">Can I be charged with robbery if I did not actually take anything?</h3>



<p class="wp-block-paragraph">Yes. You can be charged with attempted robbery even if no property was taken. Specifically, the State just has to prove you intended to commit robbery and took some step toward doing it. However, if you voluntarily stopped before using force, the charges may not hold. <a href="/">The Brancato Law Firm, P.A.</a> examines the timeline of events closely in these situations.</p>



<h3 class="wp-block-heading" id="h-what-should-i-do-if-i-am-arrested-for-robbery-in-tampa">What should I do if I am arrested for robbery in Tampa?</h3>



<p class="wp-block-paragraph">Stay silent and call a lawyer immediately. Do not explain your side to the police. If you have been booked at Orient Road Jail or Falkenburg Road Jail, your first appearance will be at the Hillsborough County Courthouse. Call <a href="/">The Brancato Law Firm, P.A.</a> at (813) 727-7159 as soon as possible — early action can change the outcome of your case.</p>



<h3 class="wp-block-heading" id="h-why-should-i-hire-the-brancato-law-firm-for-robbery-defense">Why should I hire The Brancato Law Firm for robbery defense?</h3>



<p class="wp-block-paragraph">Rocky Brancato has more than 25 years of criminal defense experience in Hillsborough County, including more than 150 jury trials to verdict. Notably, he has taken robbery and armed robbery cases to trial and won Not Guilty verdicts. He also holds an AV Preeminent rating from Martindale-Hubbell and has been selected to Super Lawyers, with perfect 10.0 ratings on both Justia and Avvo.</p>



<h3 class="wp-block-heading" id="h-what-does-an-av-preeminent-rating-mean-for-my-robbery-case">What does an AV Preeminent rating mean for my robbery case?</h3>



<p class="wp-block-paragraph">An AV Preeminent rating from Martindale-Hubbell is the highest rating an attorney can receive for legal ability and ethical standards. Essentially, Martindale-Hubbell bases this rating on peer reviews from other lawyers and judges who have seen Rocky Brancato work. For your robbery case, this means the attorneys who have opposed him rate his ability at the highest level. <a href="/">The Brancato Law Firm, P.A.</a> brings that caliber of defense to every case.</p>



<h2 class="wp-block-heading" id="h-you-are-reading-this-for-a-reason-let-us-help">You Are Reading This for a Reason — Let Us Help</h2>



<p class="wp-block-paragraph">If you or someone you love is facing Florida robbery law in Tampa, you are not just reading an article — you are looking for a way out. We understand that. At <a href="/">The Brancato Law Firm, P.A.</a>, we have taken armed robbery cases to trial and won Not Guilty verdicts when the stakes could not have been higher.</p>



<p class="wp-block-paragraph">Every day you wait is a day the prosecution builds its case against you. However, early action can change everything — from challenging the evidence before trial to preventing formal charges from ever being filed. The sooner you call, the more options we have to protect you.</p>



<p class="wp-block-paragraph"><strong>Call Tampa Criminal Defense Attorney Rocky Brancato right now at <a href="/">The Brancato Law Firm, P.A.</a>: (813) 727-7159.</strong> The consultation is free, confidential, and available 24/7 for emergencies. We serve Hillsborough, Pinellas, and Pasco Counties.</p>



<p class="wp-block-paragraph">For more about how we defend violent crime cases, visit our <a href="/tampa-violent-crime-lawyer/">Tampa Violent Crime Lawyer</a> practice page. We have also written about <a href="/blog/what-is-first-degree-felony-florida/">what constitutes a first-degree felony in Florida</a>, which covers the sentencing framework that applies to armed robbery.</p>



<p class="wp-block-paragraph"><strong><a href="/">The Brancato Law Firm, P.A.</a></strong> is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.</p>



<p class="wp-block-paragraph"><em>This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.</em></p>



<p class="wp-block-paragraph">Updated 5/31/2026</p>
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