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Can I Get a Life Sentence for Armed Robbery?
Due to the ease of access, firearms are a common component in many crimes. This is especially true for robbery. Over half of all residential and convenience store robberies in Florida are committed with the use of a firearm. Although armed robbery rates have been going down in recent years, the state of Florida still takes them very seriously. This is because armed robbery is often co-committed along with other crimes such as breaking and entering, carjacking, and assault.
In an effort to curtail crimes involving the use of a firearm, Florida has passed some of the toughest laws in America against armed robbery. These laws are not only intended to serve as a deterrent but to help Florida’s “tough on crime” image throughout the United States. The truth is that these laws result in excessively lengthy prison terms that have led to many people calling for sentencing reform. In fact, Florida is one of the few states in which armed robbery carries a potential life sentence. These laws are why, if you or a loved one has been arrested for armed robbery, it’s essential you contact one of the dedicated defense attorneys from our team. In Florida, a good defense attorney may be all that stands between you, an armed robbery charge, and life in prison.
What is Armed Robbery in Florida?
When most people think of armed robbery, they automatically picture someone with a gun. While firearms are a common component of robberies, you don’t have to pull a gun on someone to be charged with armed robbery. In fact, you don’t have to pull a weapon on someone at all. Even being in possession of a weapon during the act of robbing someone can be enough to get you charged with armed robbery.
Robbery is defined under Florida Statutes Title XLVI Crimes § 812.13. It states that robbery is the “taking of money or other property which … 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.” The statute goes on to say that robbery becomes armed robbery if the person in question “carried a firearm or other deadly weapon.” Under Florida law, a deadly weapon is anything that can cause death or grievous bodily harm. Armed robbery with a firearm or deadly weapon is a first-degree felony under Florida law.
While firearms are the most common deadly weapon used in robberies, anything which could theoretically cause harm can be considered a deadly weapon. This means that under Forida law, a deadly weapon can include but is not necessarily limited to:
- Knives
- A Glass Bottle
- Tools such as Hammers, Chisels, etc.
- Kitchen Implements
- Sports Equipment such as Baseball Bats, Golf Clubs, etc.
Anything that be used to harm someone can be considered a deadly weapon. This means someone who thought they were “just” scaring someone with something other than a gun could still face serious charges.
How Does Florida’s 10-20-Life Law Work?
In an effort to curtail gun crime, Florida passed what is commonly known as the 10-20-Life Law. This is a law that institutes mandatory minimum sentences for crimes involving firearms. This includes armed robbery. Under the 10-20-Life law, someone does not even have to use a gun during a robbery to face severe penalties. Simply having a gun on you during the commission of a crime is enough.
Under the 10-20-Life Law, if you are convicted of robbery and the gun was visible during the commission of the crime, it is an automatic ten-year sentence. You don’t even have to have pointed the gun at anyone; simply having it visible in a holster or the waistband of your pants is enough to qualify for a ten-year sentence.
If during the robbery the gun fired for any reason, the armed robbery charges carry a mandatory twenty-year sentence. You do not even have to have been trying to harm anyone; firing a “warning shot” to intimidate people still counts.
If, during the course of the robbery, someone gets shot, it carries a mandatory 25 years to life prison sentence. This is true regardless of whether the person died or was severely injured.
Keep in mind the 10-20-Life Law established mandatory sentences. This means that regardless of the judge’s perspective on the case, if you are convicted, you must serve the established sentence. If the gun used in the commission of the crime were a machine gun or firearm with an extended magazine, the mandatory penalties can increase even further.
What Are Defenses to Armed Robbery?
Defending against armed robbery can be challenging. Unlike some other crimes, there is an element of criminal intent to armed robbery. This means that, under most circumstances, someone committing armed robbery knows what they are doing and intends to go through with it. However, a skilled defense attorney can examine the precise circumstances of your case and build a solid defense.
One potential defense is identity. The court must establish beyond a reasonable doubt that you are the one who committed the crime. If an attorney can establish any uncertainty as to whether you were responsible, this can lead to an acquittal.
Another defense may involve the property in question. If you were attempting to retrieve your own property and had reasonable cause to believe there was an imminent threat to your safety, an attorney may be able to argue you were acting in self-defense.
Duress is a possible defense. If you were coerced, extorted, or threatened into committing armed robbery, an attorney may be able to argue in your favor.
Challenging evidence and the facts of the case are also potential options. Again, the court must prove you committed the crime beyond a reasonable doubt. If the evidence is insufficient, was obtained in an illegal manner, or is inconsistent (such as contradictory eye witness testimony), an attorney can challenge it in court. An attorney can even potentially have some or all evidence thrown out based on particular elements of the case.
These are only a few potential defenses to armed robbery. A skilled attorney can review your case and help you build the best defense.
What Should I Do if I or a Loved One Is Charged with Armed Robbery?
Due to sentencing laws, an armed robbery charge can land you in prison for decades—or even the rest of your life. Don’t take chances with your freedom. If you or a loved one were charged with armed robbery, don’t hesitate to contact one of the passionate and dedicated attorneys at The Defense Group. Our attorneys can review the precise circumstances of your case and craft a unique defense that can help ensure you stay out of prison. Don’t let armed robbery charges rob you of your future. Contact one of our attorneys today at 407-743-8430 for your free consultation.
