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Robbery with a Firearm

Pursuant to Florida Statute 812.13, Robbery with a Firearm is 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.  Additionally, the state must prove that during the course of the robbery, the offender carried a firearm.

Elements

To prove the crime of Robbery with a Firearm, the State must prove the following elements beyond a reasonable doubt:

  1. The accused took money or property from the person or custody of the alleged victim.
  2. Force, violence, assault, or putting in fear was used in the course of the taking.
  3. The property taken was of some value.
  4. The taking was with the intent to permanently or temporarily deprive the victim of his or her right to the property or any benefit from it or appropriate the property of the alleged victim to his or her own use or to the use of any person not entitled to it.
  5. The accused was in actual physical possession of the firearm during the commission of the robbery.

Penalties

Robbery with a Firearm is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment.  Additionally, if the offender is found to be in actual physical possession of the firearm, the 10/20/Life sentencing enhancements apply.

10/20/Life Firearm Enhancement

For the 10/20/Life sentencing enhancement to apply the person convicted must also be found to have actually possessed a firearm during the commission of a Robbery, as opposed to being an unarmed accomplice.

Pursuant to 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 for possessing the firearm during the robbery;
  • 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.

In addition to Robbery with a Firearm, Florida criminalizes the following variations of Robbery:

A Robbery with a Firearm charge is very serious with severe penalties.  A Robbery charge is classified as a violent forcible felony.  If you are charged with Robbery with a Firearm or any criminal charge in Broward County, an experienced Criminal Defense Attorney is essential.  For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.

David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.