If accused of Robbery with a Firearm in Florida, you need to know the:
- Definition of Robbery with a Firearm
- Penalties for Robbery with a Firearm
- Defenses to Robbery with a Firearm
Definition of Robbery with a Firearm
The crime of Robbery with a Firearm is defined as:
- The intentional and unlawful taking of money or property from another person;
- Through the use of force, violence, assault, or threat;
- While in the possession of a firearm.
Importantly, it is not necessary that the firearm be used to effectuate the force, violence, assault, or threat; it is enough that the firearm was in the perpetrator's possession during the robbery.
Penalties for Robbery with a Firearm
The crime of Robbery with a Firearm is a First Degree and classified as a Level 9 offense under Florida's sentencing guidelines.
If convicted of Robbery with a Firearm, a judge is required to impose a minimum prison sentence of 48 months in prison and can also impose any combination of the following penalties:
- Up to life in prison.
- Up to life on probation.
- Up to $15,000 in fines.
10/20/Life Firearm Enhancement
The crime of Robbery with a Firearm also subjects a person to the possibility of being sentenced under Florida's 10/20/Life statute.
Under the 10/20/Life statute, and depending on how the firearm was used, a person convicted of Robbery with a Firearm could receive one of the following minimum-mandatory prison sentences:
- A minimum 10 year prison term;
- A minimum 20 year prison term if the firearm was discharged; and
- A minimum 25 year prison term if someone is injured or killed by a firearm.
Defenses to Robbery with a Firearm
The primary defenses to the crime of Robbery with a Firearm are:
- False Accusation
- Misidentification
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.
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