Fort Myers Robbery Lawyer

Robbery and theft are not the same charge, and that distinction is not a technicality. It changes the entire classification of the offense, the sentencing range, and how a defense attorney approaches the case from day one. Under Florida law, robbery requires proof that force, violence, assault, or putting a person in fear was used during the taking of property. Theft does not. That additional element, the use of force or intimidation, is exactly what transforms a property crime into a violent felony. If you are facing a robbery charge in Lee County, understanding that distinction before your first court appearance could be the most consequential thing you do. Drew Fritsch, a Fort Myers robbery lawyer and former Charlotte and Lee County prosecutor, builds defenses around what the law actually requires the state to prove, not what police reports claim happened.

How Florida Robbery Law Defines Force and What That Means for Your Defense

Florida Statute 812.13 defines robbery as the taking of money or property from another person with the intent to permanently or temporarily deprive them of it, when that taking is accompanied by force, violence, assault, or putting the person in fear. The force element is both the most critical part of the charge and the most contested part of any defense. Courts have wrestled for decades with what counts as “force.” Florida case law has established that the force must occur either during the taking, in the immediate flight afterward, or to retain possession of property. Minimal contact during a snatching, for instance, may not meet the legal threshold depending on how it occurred and what the evidence shows.

Robbery charges also come in degrees. Standard robbery under Florida law is a second-degree felony carrying up to fifteen years in prison. Robbery with a weapon, even one that is not a firearm, elevates the charge to a first-degree felony with up to thirty years. Robbery with a firearm or deadly weapon triggers the same first-degree felony classification but carries mandatory minimum sentencing under Florida’s 10-20-Life law. Armed robbery convictions can result in decades in prison. Carjacking, which involves taking a vehicle through the use of force or putting the victim in fear, is treated separately under Florida Statute 812.133 but carries equivalent felony penalties.

Drew Fritsch reviews the specific facts of the alleged force or intimidation to determine whether the state can actually prove that element beyond a reasonable doubt. In many cases, the circumstances surrounding the alleged force are ambiguous, disputed by witnesses, or unsupported by physical evidence. That analysis begins at the arrest stage, not at trial.

Suppression Motions and the Evidence the State Relies On

Robbery cases commonly involve surveillance footage, eyewitness identifications, cell phone location data, and physical evidence. Each of those categories carries its own set of legal challenges. Eyewitness identification is one of the leading contributors to wrongful convictions in the United States, and Florida courts have increasingly scrutinized identification procedures. Law enforcement is required to follow specific protocols when conducting lineups and photo arrays. If those procedures were not followed properly, or if the identification was conducted in a suggestive manner, the defense has grounds to challenge the admissibility of that testimony.

Surveillance footage presents a different set of issues. Quality, angle, lighting, and chain of custody all affect whether the footage can reliably place a specific person at a location at a specific time. Cell phone location data, increasingly used by prosecutors in robbery cases, requires law enforcement to obtain a warrant in most circumstances following the U.S. Supreme Court’s 2018 ruling in Carpenter v. United States. If investigators pulled location data without proper legal authority, suppression of that evidence may be available. A suppression motion that succeeds can strip the state’s case down to almost nothing.

Physical evidence, including clothing, items allegedly taken, and fingerprints, also carries chain of custody requirements. Drew Fritsch examines how evidence was collected, stored, and documented. Errors in that process can render evidence inadmissible, and even one significant suppression ruling can shift the entire trajectory of a case.

Plea Negotiations vs. Trial Preparation in Lee County Robbery Cases

Not every robbery case goes to trial, and not every case should. The decision between pursuing a negotiated plea or preparing for trial depends on the strength of the evidence, the specific charges, the client’s prior record, and what the prosecution is realistically offering. In Lee County, robbery cases are prosecuted in the Twentieth Judicial Circuit, which serves Lee, Charlotte, Collier, Hendry, and Glades counties. The Lee County Justice Center at 1700 Monroe Street in Fort Myers is where these cases are handled at the felony level. How prosecutors in that circuit approach robbery charges, what they typically offer in negotiations, and how judges in that courthouse tend to rule are things that only direct experience in that system teaches.

Drew Fritsch spent years as a prosecutor in Charlotte and Lee County before founding his criminal defense practice. That background is not a marketing point. It means he has sat on the other side of the table in these negotiations, he understands what prosecutors need to feel confident going to trial, and he knows how to expose the weaknesses that move them toward resolution. A case where the identification is shaky, the video is inconclusive, or the force element is genuinely disputed looks very different to a prosecutor who knows the defense attorney has the skill to actually try it.

For clients whose cases do warrant a trial, preparation starts immediately. Florida’s discovery rules require the state to disclose its evidence, witness lists, and any exculpatory information. Drew Fritsch uses that process aggressively, and trial preparation runs in parallel with plea discussions rather than waiting to see how negotiations conclude.

What “Lesser Included Offenses” Actually Accomplish in Robbery Defense

One of the less obvious tools in robbery defense is the strategic use of lesser included offenses. Under Florida law, theft is a lesser included offense of robbery. If the evidence of force is weak, a defense attorney can argue to the jury that the conduct, if it occurred at all, constitutes theft rather than robbery. The penalty difference is substantial. Grand theft in the first degree is a first-degree felony, but standard theft charges often fall well below the sentencing exposure of an armed robbery conviction. Getting a jury to a lesser included verdict can mean the difference between years in prison and a much shorter resolution.

This is one area where the charge-specific distinctions discussed at the outset become genuinely valuable to the client. An attorney who understands exactly where robbery ends and theft begins can frame the defense narrative around that line consistently, from opening statement through closing argument. Jurors respond to clear legal frameworks, and juries in Fort Myers are no different from juries anywhere else in that respect. They follow the evidence when it is presented in a coherent, legally grounded way.

Common Questions About Robbery Charges in Southwest Florida

Can I be charged with robbery if I did not have a weapon?

Yes. The presence of a weapon is an aggravating factor, not a requirement. Standard robbery under Florida law only requires that force, violence, assault, or fear was used during the taking. If you shoved someone to grab their phone or used a threatening gesture without a weapon, that can still be charged as robbery. What changes with a weapon is the degree of the felony and the sentencing exposure.

What if the alleged victim is not cooperating with the prosecution?

That matters, but it is not automatically a case-ender for the state. Prosecutors can proceed without a cooperative victim if they have other evidence, including video footage, witness statements, or physical evidence. That said, a reluctant or recanting witness significantly weakens the state’s ability to prove the case, and it absolutely factors into how we approach negotiations and trial strategy.

How does a robbery charge affect eligibility for sealing or expunging my record?

Robbery is a disqualifying offense for record sealing and expungement under Florida law. A robbery conviction stays on your record permanently and cannot be expunged. That is one of many reasons why fighting the charge at the outset, or negotiating it down to a qualifying lesser offense, is so important. The long-term consequences of a robbery conviction extend far beyond the sentence itself.

What is the difference between robbery and home invasion robbery?

Home invasion robbery is a distinct and more serious charge under Florida Statute 812.135. It involves entering a dwelling while someone is present and committing robbery inside. It is always a first-degree felony regardless of whether a weapon is involved, and it carries mandatory minimum sentences if a weapon is present. The location, whether the crime occurred in someone’s home while they were there, is what separates it from standard robbery.

Drew Fritsch was a prosecutor. Does that actually help a defendant?

In a direct and practical way, yes. Prosecutorial experience means knowing how charging decisions get made, what evidence the state prioritizes, and where the weaknesses in a case are from the perspective of the person building it. That knowledge shapes how to challenge evidence, how to negotiate, and how to anticipate what arguments the prosecution will rely on at trial. It is a different kind of preparation than defense experience alone.

How quickly should I contact a lawyer after a robbery arrest?

As soon as possible. Statements made to law enforcement before an attorney is involved can become evidence against you. The earlier an attorney is reviewing the circumstances of your arrest, the more options remain available. Early intervention can also affect decisions about bond and pretrial conditions.

Serving Fort Myers and Communities Throughout Southwest Florida

Drew Fritsch Law Firm, P.A. represents clients facing robbery charges throughout Southwest Florida, including Fort Myers and the surrounding areas of Cape Coral, Lehigh Acres, Estero, and Bonita Springs in Lee County. The firm also serves clients in Charlotte County communities including Port Charlotte, Punta Gorda, and Englewood, as well as parts of Collier County including Naples and the broader Sarasota County region. Whether a case arises near downtown Fort Myers along Cleveland Avenue, in the Cape Coral corridor, or out toward the Estero Bay area, the firm has direct familiarity with the courts, prosecutors, and processes that govern how these cases move through the Southwest Florida justice system.

Speak With a Fort Myers Robbery Defense Attorney Who Knows These Courts

The Twentieth Judicial Circuit has its own rhythms, its own prosecutors, and its own courtrooms. General criminal defense knowledge is not the same as specific knowledge of how robbery cases resolve in Lee County, what the local bench looks for in suppression hearings, or how the prosecutors in Fort Myers assess the cases they are willing to take to trial versus those they are not. Drew Fritsch built his career in these courtrooms, first as a prosecutor and now as a defense attorney with an AV rating from Martindale-Hubbell. If you are facing robbery charges in this region, reach out to the firm to schedule a consultation with a Fort Myers robbery attorney who can give you a direct, honest assessment of what you are facing and what can be done about it.