Business Law 101 / ROBBERY 

By Albert Kelley

What is the difference between theft and robbery?  As mentioned before, theft is defined as to knowingly obtain or use, or endeavoring to obtain or to use, the property of another person with the intent to, either temporarily or permanently deprive the other person of a right to the property or a benefit from the property or to appropriate the property to his or her own use or to the use of any person who is not entitled to the use of the property.  Robbery however requires direct intervention. In other words, theft can occur without the victim’s knowledge. But robbery requires that the thief actually take money or property directly from the victim, using force, violence, assault or fear.  

Robbery does not have the varying degrees that theft has.  It starts as a second-degree felony. However, if the thief uses a weapon it increases to a first-degree felony.  If that weapon is a deadly weapon or a firearm it is still a first-degree felony, but may be punished up to life in prison.  These penalties apply, whether or not the thief is successful; the mere attempt is sufficient.

So, is a pickpocket guilty of robbery?  Technically no; he is only guilty of theft. There has to be some act that puts the victim in fear or danger.  But that can change if he is a bad pickpocket. If in the process of picking a victim’s pocket, the victim becomes aware of what is happening, it becomes a violation, regardless of the use of force or resistance by the victim.  The same penalty is true for crimes such as purse snatching. This is deemed “robbery by sudden snatching” and begins as a third-degree felony. If the thief is carrying a deadly weapon or firearm, regardless of it being used during the crime, the offense becomes a second-degree felony.   

A home-invasion robbery is exactly what it sounds like.  The thief has to enter a dwelling with the intent to commit robbery and then must commit that robbery on the occupants of the house.  Some interesting aspects to this crime- it requires a dwelling; a commercial building is insufficient. It requires the robbery to occur; a mere attempt is insufficient. And it requires the robbery to be against the occupants.  If the robbery is against a person who is not an occupant, it is insufficient. A home-invasion robbery begins as a first-degree felony. If the robber carries a firearm or deadly weapon it can be a life imprisonment.

The final type of robbery is called “carjacking”.  As called, carjacking is robbery where the thief is stealing a car.  But as with any robbery (except sudden snatching), there must be some use of force, violence, assault or fear.  The mere stealing of a car is not carjacking, even if the victim is watching it happen. Technically, the victim could even be in the car when the theft occurs, but realistically, no car theft could occur when the victim is in the car and they are not put in fear.  Like a home invasion robbery, carjacking begins as a first-degree felony. If the thief is carrying a firearm or deadly weapon, even if he doesn’t use them, it can become a penalty of life imprisonment.  

One final point of interest: in any case where the carrying of a weapon or firearm can enhance the penalty, it is not necessary that the weapon or forearm be carried during the actual theft.  If the weapon is carried immediately prior to or immediately after the commission of the crime. So if the thief starts out with a weapon but discards it immediately before the robbery, he may still be charged with the enhanced penalties.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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