Robbery

Robbery Defense in St. Petersburg

Facing a Robbery Charge? Put Six Years of Prosecution Experience to Work.

Florida robbery involves more than taking property. Under Florida Statutes Section 812.13, the State must prove a taking from another person or that person’s custody, an intent to deprive the owner or custodian of the property, and the use of force, violence, assault, or fear. The alleged force or fear may occur before, during, or after the taking if the conduct forms one continuous series of events.

Weapon allegations can substantially change the classification of the offense. An arrest may also raise immediate questions about witness identification, surveillance video, statements, physical contact, alleged threats, and whether a firearm or another weapon was present. Each detail must be evaluated against the specific charge, not treated as part of a general property crime.

Call (727) 617-6095 for a case-specific discussion about a St. Petersburg robbery investigation, arrest, or charge.

How Weapon Allegations Change a Florida Robbery Charge

The alleged involvement of a weapon can determine whether robbery is charged as a first-degree or second-degree felony. Potential consequences depend on the conduct alleged, the evidence, prior record, applicable sentencing rules, and the offense proved.

The principal robbery classifications include:

Robbery with a firearm or deadly weapon: This is a first-degree felony punishable by life under Florida law.
Robbery with another weapon: This is classified as a first-degree felony.
Robbery without a weapon: This is classified as a second-degree felony.

Strong-arm robbery is a commonly used description for robbery without a firearm, deadly weapon, or other weapon. It isn’t a separate statutory title. The State must still prove the required taking and the alleged use of force, violence, assault, or fear.

An allegation involving a firearm can also trigger Florida sentencing enhancements. Any mandatory minimum depends on the firearm allegation, how the firearm was allegedly used, the offense of conviction, and other case-specific facts.

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Former Pinellas County Prosecutor Handling Robbery Cases

I previously served for six years as an Assistant State Attorney in Pinellas County. That experience helps me assess the prosecution’s theory, anticipated evidence, and choice of charge. I have represented clients facing armed robbery allegations and tried more than 80 jury trials, along with bench trials and evidentiary hearings.

I work directly with each client and develop a defense strategy around the specific facts of the case. I identify what the State must prove beyond a reasonable doubt, where its evidence may be disputed, and whether the allegations support the degree of robbery charged.

Robbery Proceedings in Pinellas County Felony Court

St. Petersburg felony cases proceed through the circuit criminal system in Florida’s Sixth Judicial Circuit. Depending on the procedural stage and facts, a case may involve discovery, hearings, motions, negotiations, and trial preparation. Statements, identification procedures, and weapon evidence can affect how the prosecution approaches the charge. Avoid discussing the underlying facts with investigators, alleged victims, or witnesses before you understand your right to remain silent and the role of counsel.

Evidence That Can Shape a Robbery Defense

A robbery allegation often depends on several forms of evidence rather than a single account. I examine whether the evidence reliably identifies the accused, establishes a taking from a person or that person’s custody, proves the required force or fear, and supports the alleged weapon classification.

Relevant evidence may include:

Witness identification: Statements, descriptions, viewing conditions, prior familiarity, and identification procedures
Video and photographs: Surveillance footage, mobile phone recordings, and images from the area
Recorded statements: Interviews, emergency calls, body-camera footage, and other recordings
Physical evidence: The alleged property, clothing, forensic evidence, or an alleged weapon
Digital records: Messages, location information, account activity, and other relevant electronic material

Weapon evidence also requires careful classification. Witness descriptions, the way an object was allegedly displayed or used, and whether police recovered it may all become disputed issues.

How Robbery Differs From Related Florida Offenses

Robbery isn’t interchangeable with theft, burglary, carjacking, home-invasion robbery, or robbery by sudden snatching. Each offense has distinct statutory elements, even when the allegations arise from the same event.

Important distinctions include:

Theft: Theft doesn’t require the same allegation of force, violence, assault, or fear involved in robbery.
Burglary: Burglary generally centers on entering or remaining in a dwelling, structure, or conveyance with the required criminal intent.
Carjacking: Carjacking concerns taking a motor vehicle from a person or that person’s custody through force, violence, assault, or fear.
Home-invasion robbery: This charge has specific elements involving entry into a dwelling and robbery of an occupant.
Robbery by sudden snatching: This offense addresses taking property from a victim’s person when the victim was or became aware of the taking during the act.

The label attached to an arrest doesn’t establish that the evidence proves the offense. The statutory elements and facts determine which charge the prosecution may pursue and which issues may be challenged.

Discuss Your Robbery Charge Directly With an Attorney

Contact me for a free initial consultation about an investigation, arrest, or pending charge. I can speak with you directly, review the State’s allegations and available evidence, and explain the issues that may shape your defense.

Call (727) 617-6095 to schedule a free consultation with Joseph Montrone, Jr..

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