15.1 ROBBERY
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 15.1
- Statute
- § 812.13, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Robbery, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) took [the] [a] [an] (money or property described in charge) from the person or custody of (person alleged).
2. Force, violence, assault, or putting in fear was used in the course of the taking.
3. The property taken was of some value.
4. The taking was with the intent to permanently or temporarily [deprive (victim) of [his] [her] right to the property or any benefit from it] [appropriate the property of (victim) to [his] [her] own use or to the use of any person not entitled to it].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Higher degrees of Robbery. Give only if applicable. § 812.13(3)(a), Fla. Stat.
If you find the defendant guilty of the crime of Robbery, you must further determine beyond a reasonable doubt if “in the course of committing the robbery” the defendant carried some kind of weapon. 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.
With a firearm. § 812.13(2)(a), Fla. Stat.
If you find that the defendant carried a firearm in the course of committing the Robbery, you should find [him] [her] guilty of Robbery with a firearm.
With a deadly weapon. § 812.13(2)(a), Fla. Stat.
If you find that the defendant carried a (deadly weapon described in charge) in the course of committing the Robbery and that the (deadly weapon described in charge) was a deadly weapon, you should find [him] [her] guilty of Robbery with a deadly weapon.
With other weapon. § 812.13(2)(b), Fla. Stat.
If you find that the defendant carried a weapon that was not a firearm or a deadly weapon in the course of committing the Robbery, you should find [him] [her] guilty of Robbery with a weapon.
With no firearm or weapon. § 812.13(2)(c), Fla. Stat.
If you find that the defendant carried no firearm or weapon in the course of committing the Robbery, but did commit the Robbery, you should find [him] [her] guilty only of Robbery.
Lesser-included offenses
As the instruction lists them, word for word.
*ROBBERY WITH A FIREARM OR DEADLY WEAPON — 812.13(2)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Robbery with a weapon | 812.13(2)(b) | 15.1 | |
| Robbery | 812.13(2)(c) | 15.1 | |
| Petit theft – second degree | 812.014(3)(a) | 14.1 | |
| Assault (if assault was charged) | 784.011 | 8.1 | |
| Grand theft – first degree | 812.014(2)(a) | 14.1 | |
| Display of firearm | 790.07(4) | 10.4 | |
| Aggravated Battery | 784.045 | 8.4 | |
| Grand theft—second degree | 812.014(2)(b) | 14.1 |
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Robbery by sudden snatching with a firearm or deadly weapon | 812.131(2)(a) | 15.4 | |
| Display of firearm | 790.07(2) | 10.3 | |
| Aggravated Assault | 784.021 | 8.2 | |
| Felony Battery | 784.041 | 8.5 | |
| Robbery by Sudden Snatching | 812.131(2)(b) | 15.4 | |
| Grand theft—third degree | 812.014(2)(c) | 14.1 | |
| Grand theft—third degree | 812.014(2)(d) | 14.1 | |
| Display of firearm | 790.07(1) | 10.3 | |
| Felony Petit Theft | 812.014(3)(c) | 14.1 | |
| Petit theft—first degree | 812.014(2)(e) | 14.1 | |
| Petit theft—first degree | 812.014(3)(b) | 14.1 | |
| Battery | 784.03 | 8.3 | |
| Resisting a Merchant | 812.015(6) | 14.4 |
*ROBBERY WITH A WEAPON — 812.13(2)(b)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Robbery | 812.13(2)(c) | 15.1 | |
| Petit theft – second degree | 812.014(3)(a) | 14.1 | |
| Assault (if assault was charged) | 784.011 | 8.1 | |
| Grand theft—first degree | 812.014(2)(a) | 14.1 | |
| Display of a weapon | 790.07(4) | 10.4 | |
| Attempt | 777.04(1) | 5.1 | |
| Aggravated Battery | 784.045 | 8.4 | |
| Grand theft—second degree | 812.014(2)(b) | 14.1 | |
| Robbery by sudden snatching with a firearm or deadly weapon | 812.131(2)(a) | 15.4 | |
| Display of firearm | 790.07(2) | 10.3 | |
| Aggravated Assault | 784.021 | 8.2 | |
| Felony battery | 784.041 | 8.5 | |
| Robbery by sudden snatching | 812.131(2)(b) | 15.4 | |
| Grand theft—third degree | 812.014(2)(c) | 14.1 | |
| Grand theft—third degree | 812.014(2)(d) | 14.1 | |
| Display of firearm | 790.07(1) | 10.3 | |
| Felony petit theft | 812.014(3)(c) | 14.1 | |
| Petit theft—first degree | 812.014(2)(e) | 14.1 | |
| Petit theft—first degree | 812.014(3)(b) | 14.1 | |
| Battery | 784.03 | 8.3 | |
| Resisting a Merchant | 812.015(6) | 14.4 |
ROBBERY — 812.13(2)(c)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Petit theft – second degree | 812.014(3)(a) | 14.1 | |
| Assault (if assault was charged) | 784.011 | 8.1 | |
| Grand theft—second degree | 812.014(2)(b) | 14.1 | |
| Robbery By Sudden Snatching with a firearm or deadly weapon | 812.131(2)(a) | 15.4 | |
| Display of firearm | 790.07(2) | 10.3 | |
| Aggravated Assault | 784.021 | 8.2 | |
| Felony Battery | 784.041 | 8.5 | |
| Robbery by sudden snatching | 812.131(2)(b) | 15.4 | |
| Grand theft—third degree | 812.014(2)(c) | 14.1 | |
| Grand theft—third degree | 812.014(2)(d) | 14.1 | |
| Display of firearm | 790.07(1) | 10.3 | |
| Felony petit theft | 812.014(3)(c) | 14.1 | |
| Petit theft—first degree | 812.014(2)(e) | 14.1 | |
| Petit theft—first degree | 812.014(3)(b) | 14.1 | |
| Battery | 784.03 | 8.3 | |
| Resisting a Merchant | 812.015(6) | 14.4 |
Related practice page
Robbery and Carjacking Defense in Miami · Violent Crimes Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.