Robbery Charges in Orlando: Why “Robbing a Bank” Is the Easiest Part

The word “robbery” brings to mind Hollywood scenes—a masked person with a gun, demanding money. But in the eyes of the law, a robbery charge comes in many different shapes and sizes, and the devil is always in the details. At its most basic level, a robbery is a taking of property from another person through the “use of force, violence, assault, or by putting in fear.” Section 812.13, Florida Statutes.

The charge can be simple, or it can be a life-changing felony. What determines that is a hotbed of legal disputes, and since 1993, I’ve seen countless ways prosecutors in Orange County and throughout Central Florida try to enhance a case into something far more serious.

The “Reasonable Fear” Element

One of the most difficult elements for a prosecutor to prove in a robbery case is that the victim was put in “fear.” The law doesn’t care whether or not the victim was actually placed in fear—some people are afraid of their own shadow, others are as cool as a cucumber. The real question is: would a reasonable person have been in fear? And not just any fear, but a fear of death or great bodily harm.

Here’s a great example: In one case, a defendant was arrested for robbery after taking money from a McDonald’s drive-thru window while the employee’s back was turned. The robbery conviction was thrown out because the employee had no idea what was happening. As you might expect, you can’t be “placed in fear” if you have no idea a theft is even occurring.

In another case, a person announced she intended to steal beer from a store. The clerk saw a bulge in her pocket and assumed it was a knife, which put him in fear. But the court threw out the robbery conviction, stating that a “reasonable person” would not have feared great bodily harm under those circumstances. Just because you’re scared doesn’t mean the charge will stick.

The one exception to this is when words alone are used to instill fear. For example, a robber handed a bank teller a note saying “this is a holdup.” The robbery conviction was upheld because the robber further instilled fear by saying the teller should “do as she is told if she loved her family.” That was a direct threat of great bodily harm.

When a Weapon Isn’t a “Weapon”

Robbery with a firearm is a serious felony that carries a mandatory prison sentence. But it’s also a charge with a lot of legal loopholes. What if the gun wasn’t real, or was never found?

First, the law has a strict definition of a “firearm.” It has to be an object designed to project something by explosives, and it must be capable of inflicting great bodily harm. A toy cap gun, for example, is not a firearm.

But what if no weapon is ever recovered? In one case, a victim testified that a defendant pointed something at her that she believed was a sawed-off shotgun. No gun was ever recovered, but the court upheld the armed robbery conviction, reasoning that the victim’s testimony alone was enough for a jury to conclude the object was a real firearm.

However, the opposite can be true. In a different case, a defendant used a BB gun that looked like a real gun. The prosecution destroyed the gun before trial, and because they could not present any evidence that it was capable of inflicting great bodily harm, the armed robbery conviction was reversed. The same outcome happened in another case where a defendant used a starter pistol—the court held that a starter pistol is not a “weapon” under the law.

These cases prove that robbery charges, especially those involving a weapon, are not as simple as they seem. Every single detail matters. If you are facing a serious robbery charge in Orlando, Seminole, or Osceola counties, you need an attorney who can dissect the legal complexities and fight for your freedom.

John’s Takeaways

Don’t leave your freedom to chance. Robbery is a serious charge. With over three decades of experience, I know how to scrutinize the details and expose the weaknesses in the state’s case.

Robbery charges are more than just a theft. The crime requires force, violence, or placing someone in reasonable fear of death or great bodily harm.

Fear must be “reasonable.” Just because an alleged victim was afraid doesn’t mean the state can prove the charge. The fear must be one that a reasonable person would have under the circumstances.

The term “firearm” has a strict legal definition. What a victim believes is a gun may not be a gun in the eyes of the law.

Evidence matters. The absence of a recovered weapon can still lead to a conviction, but the prosecution may fail if they cannot prove the object was a legitimate firearm.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.

Seek the Assistance of an Orlando Robbery Attorney for Help

Robbery cases are very fact sensitive, and thus all the more reason to give Orlando robbery lawyer John Guidry a call to discuss your specific scenario. The call is free, the consultation is free.