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Robbery Charges in Florida: Force, Weapons and Degrees in Tampa, FL Every Degree Is a Felony

Robbery under Florida Statute 812.13 is a taking accomplished by force, violence, assault, or putting in fear. Every degree in that statute is a felony, and the presence or absence of a weapon moves the exposure dramatically.

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The definition and its timing rules

Florida Statute 812.13(1) defines robbery as taking money or other property which may be the subject of larceny from the person or custody of another, with intent to permanently or temporarily deprive, when in the course of the taking there is use of force, violence, assault, or putting in fear. Subsection (3) then defines when an act counts. An act is in the course of committing the robbery if it occurs in an attempt to commit robbery or in flight after the attempt or commission. An act is in the course of the taking if it occurs before, at the same time as, or after the taking, provided it and the taking form a continuous series of acts or events.

That timing language explains why a struggle occurring after property has already changed hands can be charged as robbery rather than theft, and why the minute-by-minute sequence matters more here than in a simple theft allegation.

The three degrees

Subsection (2)(a) provides that carrying a firearm or other deadly weapon in the course of the robbery makes the offense a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. Subsection (2)(b) provides that carrying a weapon makes it a felony of the first degree. Subsection (2)(c) provides that carrying no firearm, deadly weapon, or other weapon makes it a felony of the second degree. Under Florida Statute 775.082, a first-degree felony carries a term not exceeding 30 years, or a term of years not exceeding life where specifically provided, and a second-degree felony a term not exceeding 15 years. The distinction between deadly weapon, weapon, and no weapon is therefore the difference between three statutory outcomes.

Sudden snatching and home-invasion robbery

Florida Statute 812.131 defines robbery by sudden snatching as taking property from the victim's person, with the same intent element, where in the course of the taking the victim was or became aware of it. That statute expressly states it is not necessary to show force beyond the effort needed to obtain possession, or any resistance offered or injury inflicted.

Florida Statute 812.135 defines home-invasion robbery as entering a dwelling with intent to commit a robbery and committing a robbery of the occupants therein, and makes it a felony of the first degree punishable by a term of years not exceeding life where the offender carried a firearm or other deadly weapon. These are separate statutes with separate elements, and the charging document shows which one the state selected.

The enhancement layer

Florida Statute 775.087 operates on top of the robbery statute, reclassifying a first-degree felony to a life felony, a second-degree felony to the first degree, and a third-degree felony to the second degree where a weapon or firearm was carried, displayed, used, threatened, or attempted to be used during commission of a felony, unless such use is already an essential element. The same statute sets mandatory minimum terms for actual possession of a firearm or destructive device during commission of enumerated felonies, including robbery, and a longer minimum where a firearm was discharged.

Administrative Order S-2024-030 of the Thirteenth Judicial Circuit places first appearance hearings and all pretrial detention hearings, including mandatory hearings under Florida Statute 907.041(4)(d), in Criminal Division "O." Administrative Order S-2025-063 excludes robbery and carjacking arrests from booking-officer release under the uniform bond schedule.

This page provides general information about Florida robbery statutes and local procedure. It is not legal advice and offers no evaluation of any allegation. A person facing a robbery charge should speak with a licensed Florida attorney, particularly where a firearm allegation triggers a mandatory minimum.

Robbery Charges in Florida: Force, Weapons and Degrees in Tampa. Call (813) 588-6602 and a Tampa lawyer reviews the claim and the deadline that applies. Nothing is signed on that call.

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Local specifics

Written for Tampa,
not a national template

The arraignment date is mailed to the address you gave at arrest

The Hillsborough County Clerk of Court states that after a felony arrest the county jail sends the initial paperwork to the Clerk's felony department. That department prepares the official court file, including the original arrest document and any release forms, and forwards it to the Office of the State Attorney. The State Attorney then determines whether to file formal charges. Once charges are filed with the Clerk, the defendant is notified by mail of an arraignment date, sent to the address provided at the time of arrest, and the bail bond agent is also notified if the defendant bonded out. The felony department cannot change a court date once notice has gone out.

Why it matters: An arrest is not a filed charge, and the gap between them is where people assume a case has gone away. The notice that resumes it goes to whatever address was recorded at booking, so anyone who moved, or who gave a temporary address, can miss a court date they never saw. Missing it does not pause the case.

Source: hillsclerk.com

A judge is supposed to see an arrested person within 24 hours

Florida Rule of Criminal Procedure 3.130 requires that every arrested person not already released in a lawful manner be taken before a judicial officer within 24 hours of arrest, in person or by electronic audiovisual device at the court's discretion. At that hearing the judge must state the charge, provide a copy of the complaint, and advise the person of the right to remain silent and the right to counsel. Rule 3.133 sets a separate 48-hour limit for a nonadversary probable cause determination when the defendant is in custody.

Why it matters: In Hillsborough County that hearing is normally run by video link from the county jail, and release conditions are addressed at it. Rule 3.130(c)(2) also requires the judge to allow a defendant who is hiring counsel reasonable time to send for that lawyer and, on request, to have an officer carry a message to a named lawyer inside the county at no cost. That makes the first day after an arrest the point at which counsel matters most.

Source: flcourts.gov

The 2026 Hillsborough bond schedule binds the booking officer, not the judge

Administrative Order S-2025-063 of the Thirteenth Judicial Circuit adopts the statewide uniform bond schedule for Hillsborough County without change, effective January 1 through December 31, 2026. The order states the schedule applies only to the booking officer and does not bind a judge. It also excludes a long list of arrests: capital, life, first- and second-degree felonies, homicide, felony battery, domestic battery by strangulation, and domestic violence under Florida Statutes 741.28. The list continues with stalking, robbery, burglary, carjacking, kidnapping, trafficking in a controlled substance, and violation of a protective injunction. It reaches anyone on pretrial release, probation or community control at the time of a felony arrest, and anyone arrested three or more times in the preceding six months.

Why it matters: It decides whether anyone can be bonded out at the jail counter or has to wait for a judge. For every excluded charge there is no pre-first-appearance release, and the judge then makes an individualized determination under Florida Statutes 903.011(6) and 903.046 and Rule 3.131. Prior supervision status and recent arrest history change the answer even when the charge itself is minor.

Source: fljud13.org

Robbery Charges in Florida: Force, Weapons and Degrees — Tampa

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