Fla. Stat. § 812.13
Robbery in Florida
Robbery is theft plus force or fear — and that difference turns a property crime into one of Florida’s most serious felonies. Here is how the degrees and firearm rules work.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
Theft Plus Force or Fear
Under § 812.13, robbery is taking property from a person or their custody using force, violence, assault, or by putting the victim in fear. That element of force or fear is what separates robbery from ordinary theft.
The Governing Statute
Fla. Stat. § 812.13 — Robbery
""Robbery" means the taking of money or other property … from the person or custody of another, with intent to … deprive … when in the course of the taking there is the use of force, violence, assault, or putting in fear."
Read the full statute on Online Sunshine →
The degree turns on whether a weapon was carried. Robbery with a firearm or deadly weapon is a first-degree felony punishable by up to life.
The Degrees & Penalties
Robbery — Degrees & Penalties
Robbery by "sudden snatching" (no weapon): third- or second-degree felony.
Robbery, no firearm/weapon: Second-degree felony — up to 15 years.
Robbery with a firearm or deadly weapon: First-degree felony — up to life, with 10-20-Life mandatory minimums (§ 775.087).
Robbery, no firearm/weapon: Second-degree felony — up to 15 years.
Robbery with a firearm or deadly weapon: First-degree felony — up to life, with 10-20-Life mandatory minimums (§ 775.087).
What a Defense Attorney Looks For
- Whether force or fear was actually used — the line between robbery and theft.
- Identity. Robbery cases often rest on eyewitness identification, which can be unreliable.
- The firearm enhancement, given the severe mandatory minimums.
- Whether a weapon was actually present or merely implied.
Frequently Asked Questions
What is the difference between robbery and theft in Florida?
Robbery (§ 812.13) is theft accomplished by force, violence, assault, or putting the victim in fear. Without that element of force or fear, the crime is theft, which is far less serious.
How much prison time for robbery with a firearm in Florida?
Robbery with a firearm is a first-degree felony punishable by up to life, and Florida’s 10-20-Life law imposes mandatory minimums — including a 10-year minimum for carrying the firearm and more if it is discharged.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 812.13 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.