Attorney for Robbery with a Firearm or Deadly Weapon in Florida
What are the Elements of Robbery with a Firearm or Dead Weapon in Florida?
Under Sec. 812.13, Florida Statutes, the elements of Robbery with a Firearm or Deadly Weapon in Florida are that a person:
- Intentionally took money or other property from someone else using force, violence, assault, or threats; AND
- Carried a firearm or other deadly weapon during the robbery.
It’s crucial to note that the State is required to prove only that you carried a firearm or deadly weapon during the robbery, not that you actually used the weapon in any way.
Penalties for Robbery with a Firearm or Deadly Weapon in Florida
Robbery with a Firearm or Deadly Weapon is a first-degree felony in Florida, punishable by up to life imprisonment and a $10,000 fine.
|Level 9 (92 points) under the Criminal Punishment Code
|48 months in prison
|Life imprisonment and a $10,000 fine
The charge carries a severity level of 9 (or 92 points) under the Criminal Punishment Code; assuming there are no aggravating circumstances (such as prior criminal convictions), this translates to a minimum permissible sentence of 48 months in prison. The judge cannot impose a lesser sentence unless special circumstances exist for what is called a downward departure from the minimum sentence.
How Can Leppard Law Fight a Charge of Robbery with a Firearm or Deadly Weapon?
When it comes to defending against a charge of Robbery with a Firearm or Deadly Weapon, the skilled attorneys at Leppard Law employ several defense strategies. These strategies are tailored to your specific case and can include the following:
- Claim of Right: Some courts have held that you cannot be convicted of robbery if you have a good-faith belief that you are the proper owner of the property or are entitled to immediate possession of it. In such a case, there is no criminal intent because you are simply trying to take back what you believe to be yours, so you cannot be found guilty.
- Afterthought Defense: Robbery is not committed unless you used force, threats, or the like to take the property in question. Therefore, there is no robbery if you use threats or force against someone for a different purpose, and then take the property as an afterthought.
- Motion to Suppress: This defense strategy involves a request to the court to exclude certain evidence from being presented during the trial. If the evidence was obtained in violation of your constitutional rights, a successful motion to suppress could significantly weaken the State’s case.
- Alibi Defense: If you can provide evidence that you were somewhere else at the time the alleged crime was committed, this could serve as a powerful defense strategy.
What counts as a “deadly weapon” in a robbery case?
In Florida, a “deadly weapon” is any object that can potentially cause death or serious bodily harm. This can include firearms, knives, or even vehicles in certain circumstances.
Can I be charged with robbery if I didn’t actually use the weapon?
Yes. Under Florida law, the act of carrying a deadly weapon during the commission of a robbery, regardless of whether it was used, is sufficient to charge someone with robbery with a firearm or deadly weapon.
What is the difference between an afterthought defense and a claim of right defense?
An afterthought defense involves the argument that the property was taken as an afterthought following another action, not as a result of force or threats. A claim of right defense, on the other hand, involves the argument that the defendant believed they had a legitimate right to the property they are accused of stealing.
What is a motion to suppress?
A motion to suppress is a request made by a defense attorney to exclude certain evidence from being presented at trial. This is typically done when it’s believed that the evidence was obtained in violation of the defendant’s constitutional rights.
How can an alibi defense help my case?
An alibi defense can be powerful if you can provide proof that you were somewhere else at the time the alleged crime was committed. This could significantly weaken the prosecution’s case against you.
If you or a family member has been arrested for the crime of Robbery with a Firearm or Deadly Weapon, you may have to appear before a judge in the next 24 hours. What you do within this time frame is critical; it can mean the difference between going home that night and spending time in jail. It is highly advisable that you retain a skilled Central Florida Defense Attorney immediately.
Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC represents clients in first appearances and bond hearings in all counties throughout Central Florida. When time is of the essence, you know who to call.