I have discussed a number of
robbery crimes on this blog before, but today I want to specifically focus on
armed robbery with a firearm.
Florida statutes defines robbery as "the taking of money or other
property which may be the subject of larceny from the person or custody
of another, with intent to either permanently or temporarily deprive the
person or the owner of the money or other property, when in the course
of the taking there is the use of force, violence, assault, or putting
in fear."
A robbery without a weapon is
strong-arm robbery. A robbery with a weapon (not a firearm) is armed robbery. Strong-arm
robbery is a second-degree felony punishable by 15 years in prison. Armed
robbery, without a firearm, is a first-degree felony punishable by 30
years in prison.
However, Florida law has certain provisions that deal exclusively with
armed robbery with a firearm. That is because Florida lawmakers are tough
on gun crimes. With Florida's
10-20-Life law, there are strict
mandatory minimum sentences for any number of felonies that involve the possession, discharge,
or use of a firearm. Armed robbery with a firearm is no exception.
Florida law states that "if in the course of committing the robbery
the offender carried a firearm or other deadly weapon, then the robbery
is a felony of the first degree, punishable by imprisonment for a term
of years not exceeding life imprisonment.
As you can see by the statutory language, armed robbery with a firearm
is a first-degree felony punishable by up to life in prison, whereas armed
robbery without a firearm is actually a lesser crime.
This shows just how serious the State of Florida considers firearm-related
crimes to be.
Armed robbery with a firearm can occur in any number of situations. It
can be a one-on-one situation where one person robs another at gunpoint.
It may be the robbery of a store or place of business. It may also be a
home-invasion robbery (which if a firearm is used constitutes another brand of armed robbery
with a firearm).
Either way, armed robbery with a firearm is a
non-bondable offense since the accused faces a maximum of life in prison. An
Arthur Hearing may be necessary in order to get a bond for the accused.
Armed robbery with a firearm is an extremely serious crime that carries
mandatory prison time under 10-20-Life. If a firearm was possessed during
the robbery, a 10-year mandatory prison sentence applies, even for first-time
offenders. If the firearm was discharged, then a 20-year mandatory sentence
applies. Additionally, other felony charges may be added.
If the firearm is used and somebody is injured or killed, then the accused
faces a 25-year mandatory minimum sentence as well as other felony charges,
possibly even attempted felony murder or even murder if the alleged victim dies.
Don't underestimate robbery charges. The State will do everything in
its power to get these charges filed. Sometimes people call me and say
that, "the victims are not on board."
This is one of the biggest misconceptions in all of criminal law. If the
ultimate penalty for a crime is life in prison, then the State can ask
the judge to issue a material witness bond. This means that uncooperative
witnesses (including alleged victims) can be forcibly arrested and brought
into court. The State believes that they have a compelling interest to
get suspected armed robbers off the streets, regardless of whether or
not the alleged victim wants to prosecute.
Remember folks, this is criminal court. In civil court, it's people
suing other people. In criminal court, the party bringing forth the charges
is always the State of Florida. That means that the State is the victim
in any criminal prosecution. The State will see to it that they prosecute
violent felonies to the fullest extent of the law. Even if it means having
their own witnesses arrested and dragged into court against their will.
A good
Miami-Dade County criminal defense attorney is necessary when facing armed robbery with a firearm charges.
For a free consultation,
call Attorney Eric Matheny today. I serve Miami-Dade and Broward.