Theft is a broad category of crimes with penalties that can vary dramatically based on the charges. Robbery is a more specific type of crime. It’s important for those facing charges to understand the difference between Florida robbery vs theft charges, so let’s get into what is meant by each of these terms.
What Is Theft in Florida?
Under Florida theft laws, theft is a general term for the unauthorized taking or use of a person’s property without the intent to return it. To prove theft in court, a prosecutor must show that the defendant specifically intended to take or use the property with the intent of permanently depriving the original owner of it. This may involve the use of video surveillance, camera footage, receipts, witness testimony, or circumstantial evidence.
There are two primary forms of theft in Florida:
- Petit theft. Petit theft involves stealing property worth $100 to $750. It’s charged as a misdemeanor with penalties that vary but often include fines, a potential short jail sentence, and the return of the stolen property.
- Grand theft. Grand theft involves stealing property worth $750 or more. Grand theft can be charged as a felony, incurring more substantial penalties.
What Is Robbery in Florida?
Florida law defines robbery as an attempt to permanently remove money or property from another person while using force, violence, assault, or threats. As you can see, the difference between robbery and theft lies not in the amounts of goods stolen or anything like that, but in the presence or absence of some type of violence, force, or assaultive behavior.
Robbery is a second-degree felony in Florida if it does not use a deadly weapon. If a weapon was involved, it becomes a first-degree felony. If you’re charged with robbery in the first degree, you could wind up facing robbery penalties of up to life imprisonment. This is particularly likely if you’re facing armed robbery charges.
Types of Robbery Charges
There are different types of robbery charges in Florida, each of which has a different set of penalties. Robbery is always a felony offense, but it could be tried as a first-degree or a second-degree felony depending on the exact charges you are facing. They could include:
- Robbery. The penalty for second-degree robbery is up to 15 years in prison. It involves using force or the threat of force to take someone’s property without a weapon.
- Armed robbery. Armed robbery is a more serious charge. It’s a first-degree felony punishable by up to life in prison.
- Carjacking. Stealing a car is typically charged the same as armed robbery and thus confers the same potential punishments.
- Home-invasion robbery. Whether a home-invasion robbery is charged as a first-degree or second-degree felony depends on the circumstances of the crime, including whether there was a weapon involved and if there were any aggravating factors.
How to Protect Yourself Against Robbery and Theft Charges
Facing robbery or theft charges is stressful. You can take proactive steps to improve your situation by seeking a Florida theft attorney who understands the gravity of your situation and has experience in defending clients facing similar charges successfully. Your attorney can help you:
- Understand the charges
- Keep track of court dates
- Get a bond set
- Collect evidence
- Interview witnesses
- Construct an effective defense
- Poke holes in the prosecution’s case
- Negotiate a plea deal, if you want one
- Represent you at your trial and all of your hearings
Having a skilled, experienced theft attorney on your side is the most effective way to improve your chances of getting your charges dropped or reduced, or of getting a not-guilty verdict if you allow your case to go to court.
Robbery and Theft Statistics in Florida
As of 2024, the violent crime rate in the Sunshine State was 267 per 100,000 people. Robbery is considered a violent crime. Its rate in the same year was 38 per 100,000 people. The property crime rate in Florida was 1,420 per 100,000 people in the same year. Theft is usually considered a property crime. It took place at a rate of 1,145 per 100,000 people in 2024.
FAQs
What Is the Difference Between Robbery and Theft in Florida?
The difference between robbery and theft in Florida is that the former always uses force, violence, or intimidation. Robbery, as defined in Fla. Stat. 812.13, requires a face-to-face confrontation with the victim and the use or threat of physical force to take their property. Theft is simply an unlawful taking of property without a person’s permission, and does not use force or violence.
What Are the Types of Robbery?
The types of robbery are armed robbery, strong-arm robbery, carjacking, and home-invasion robbery. These crimes occur in different places and use varying levels of violence. Armed robberies are usually more serious than strong-arm robberies, and both carjackings and home-invasion robberies are considered very severe crimes due in part to where they take place.
What Is Worse, Theft or Robbery?
It’s difficult to say whether theft or robbery is worse without knowing the particulars of a case. However, because robbery is a violent crime that is always tried as a felony, in most cases, it is worse than theft. The exception could be theft on a large scale. If you steal cars, firearms, or property worth significant amounts of money, your charges could be as serious as those associated with a robbery.
At What Point Does Theft Become a Felony in Florida?
Theft becomes a felony in Florida at the point at which the value of the stolen property totals $750 or more, or the item being stolen is a vehicle or firearm. You could also be charged with felony theft under Fla. Stat. 812.014 if you’ve been convicted of theft two or more times in the past. The penalties for third-degree felony theft include up to five years in prison.
Hire a Theft Lawyer Today
Now that you understand the difference between Florida robbery vs. theft charges, it’s time to hire a theft lawyer who can protect your rights and interests throughout your criminal case. Justin P. Caldarone from The Caldarone Law Group, P.A., can help. He has over ten years of experience as a trial lawyer and a reputation for providing aggressive, experienced, client-centered legal services. Contact the firm today to schedule an initial consultation.
