How Victim Resistance Can Impact Robbery Charges

Robbery charges are complicated enough, but the charges can become even more complex when you add in victim resistance. In this brief article, a robbery defense attorney in Tampa with The Rickman Law Firm shares a few basics about robbery charges and what to do in the case of victim resistance.

Related: Everything You Need to Know About Armed Robbery in Florida

What Is the Legal Definition of Robbery?

Under Florida Statute 812.13(1), the term “robbery” means “the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

Robbery charges are felonies that fall under the following classifications:

  • First Degree: Robbery committed with a firearm or any deadly weapon.
  • Second Degree: Robbery committed without a firearm or any deadly weapon, also called “Strong Arm” robbery.

These are further broken down into categories depending on the location of the robbery as well as the type of property which is alleged to be stolen:

  • Sudden Snatching: Taking a person’s property while the victim is aware of the act. For example, stealing a woman’s purse from her person and running.
  • Home Invasion: Entering someone’s home while occupants are present with the intention and actually committing robbery.
  • Carjacking: Taking a vehicle from someone by force, fear, violence, or assault. Whether or not a firearm or deadly weapon is used, this could lead to a first-degree felony conviction.

Related: Defenses Against Robbery and Burglary

What Is Victim Resistance and How Does it Complicate Robbery Charges?

For the incident to be robbery, another person must be involved and have been a victim of “use of force, violence, assault, or putting in fear.” In most cases, the victim does not resist during a robbery in order to protect themselves. But, in some cases, the victim chooses to fight back and may injure the accused party in the process. These instances, although rare, create a conundrum in the courtroom.

The most recent analyses of victimization retrieved from the National Crime Victimization Survey make it clear that resistance against robbers is not random but instead reflects choices and consideration of situational cues and risks on the part of the victim. These calculated considerations may be seen as self-defense and indeed may be protected by “Stand Your Ground” laws. However, in some cases, victim resistance can backfire. When a victim injures the perpetrator during a robbery, the alleged robber may have legal protections.

If you’ve been accused of a robbery, particularly in a case involving victim resistance, it’s crucial to speak to a robbery defense attorney in Tampa with The Rickman Law Firm. You may have a wide variety of defenses available to protect your rights and potentially reduce your charges.

For a free consultation with a criminal defense lawyer in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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