Robbery
Taking property from another person through force, violence, assault, or putting the person in fear.
Florida Statute
§ 812.13
Robbery
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Robbery involves taking property from another person while using force, violence, assault, or fear.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Robbery With Firearm or Deadly Weapon
F.S. § 812.13(2)(a)
Robbery committed while the offender carried a firearm or other deadly weapon.
Robbery With Weapon
F.S. § 812.13(2)(b)
Robbery committed while the offender carried a weapon.
Robbery Without Firearm, Deadly Weapon, or Weapon
F.S. § 812.13(2)(c)
Robbery committed while the offender carried no firearm, deadly weapon, or other weapon.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Robbery With Firearm or Deadly Weapon
Florida Statute § 812.13812.13(2)(a)
Robbery With Firearm or Deadly Weapon
Florida Statute § 812.13812.13(2)(a)
Robbery committed while the offender carried a firearm or other deadly weapon.
What to Establish
The underlying robbery elements plus the firearm or deadly weapon classification.
Important Charge Note
First-degree felony robbery involving a firearm or other deadly weapon.
Robbery With Weapon
Florida Statute § 812.13812.13(2)(b)
Robbery With Weapon
Florida Statute § 812.13812.13(2)(b)
Robbery committed while the offender carried a weapon.
What to Establish
The underlying robbery elements plus the weapon classification.
Important Charge Note
First-degree felony robbery involving a weapon.
Robbery Without Firearm, Deadly Weapon, or Weapon
Florida Statute § 812.13812.13(2)(c)
Robbery Without Firearm, Deadly Weapon, or Weapon
Florida Statute § 812.13812.13(2)(c)
Robbery committed while the offender carried no firearm, deadly weapon, or other weapon.
What to Establish
The underlying robbery elements without a firearm, deadly weapon, or other weapon classification.
Important Charge Note
Second-degree felony robbery.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant took the money or property described in the charge from the person or custody of the victim.
Plain language: The defendant took money or property from another person or from that person's custody.
- Element 2AND — Required
The State must also prove this element; force, violence, assault, and putting in fear are alternatives within it
The taking was by force, violence, assault, or putting in fear.
Plain language: The taking involved force, violence, an assault, or putting the victim in fear.
- Element 3AND — Required
The State must prove all of the following
The property taken was of some value.
Plain language: The property taken had some value.
- Element 4AND — Required
The State must prove all of the following
The taking was with the intent to permanently or temporarily deprive the victim of the right to the property or any benefit from it, or to appropriate the property to the defendant's own use or to the use of a person not entitled to it.
Plain language: The defendant intended to take the property or its benefit away from the victim, either permanently or temporarily, or intended to use it for an unauthorized person.
Jury Instructions
Jury Instructions
Instruction 15.1
Robbery
Florida Standard Jury Instruction for F.S. § 812.13; select the applicable weapon finding.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
In the Course of the Taking
An act occurring prior to, contemporaneous with, or subsequent to the taking of the property when the act and the taking constitute a continuous series of acts or events.
Force
Force or violence used in the course of the taking sufficient to overcome the resistance of the victim, as applicable.
Putting in Fear
Putting the victim in fear so that the victim does not resist the taking, as applicable.
Title to Property
The person robbed does not have to be the actual owner of the property; custody of the property at the time of the offense is sufficient.
Additional Notes
Additional Notes
Quick Reference
Robbery requires a taking of money or property from the person or custody of another, an intent to permanently or temporarily deprive or appropriate the property, and force, violence, assault, or putting in fear during the course of the taking.
In the Course of the Taking
The force, violence, assault, or fear component may occur before, during, or after the taking when the acts constitute a continuous series of acts or events.
Classification
F.S. § 812.13 separates robbery into first-degree robbery with a firearm or deadly weapon, first-degree robbery with a weapon, and second-degree robbery when no firearm, deadly weapon, or other weapon is carried.
Official Source
Florida Statutes § 812.13 — Robbery.