Criminal Defense You Can Count On for Robbery & Weapons Offenses

When you have been charged for committing robbery or weapons offenses in DeLand, Deltona, Daytona Beach, or surrounding Volusia County, you can count on the criminal defense attorneys at the Law Office of Leanna J. Smith to provide exceptional legal representation on your behalf. If you’re in trouble, we want to help.

Robbery & Weapons Offenses in Florida

Robbery (aka Strong Arm Robbery)

Under Florida Statute 812.13(1), “Robbery” – also referred to as “Strong Arm Robbery” – is defined as when a person intentionally and unlawfully takes money or other property from another person with the use of threat, force, violence, or assault.

Penalty: robbery or strong arm robbery is considered a felony of the second degree, which is punishable by up to 15 years imprisonment, 15 years of probation, and up to $10,000 in fines.

Robbery by Sudden Snatching

Under Florida Statute 812.131, “Robbery by Sudden Snatching” is defined as intentionally and unlawfully taking money or other property from a victim’s person, such as purse snatching or pick-pocketing.

Penalty: robbery by sudden snatching is considered a felony of the third degree, which is punishable by up to five years imprisonment, up to five years of probation, and up to $5,000 in fines.

If a firearm or deadly weapon was in the offender’s possession when the robbery by sudden snatching occurred, even if it was not used in the robbery, the crime then becomes a felony of the second degree. The penalty for this crime is punishable by a minimum prison sentence of 21 months, which can also include any combination of up to 15 years imprisonment, 15 years of probation, and up to $10,000 in fines.

If a firearm was possessed while committing robbery by sudden snatching, the offender can also receive a minimum of 10 years imprisonment, under Florida’s 10/20/Life statute.

Robbery with a Deadly Weapon

Under Florida Statute 812.13(1)-(2)(b), “Robbery with a Deadly Weapon” is defined as intentionally and unlawfully taking money or other personal property from an individual with the use of threat, force, violence, or assault while possessing a deadly weapon, even if it was not used in the act of robbery.

A deadly weapon is considered as any weapon that is used, or threatened to be used, in such a manner that is likely to cause death or great bodily harm.

Penalty: robbery with a deadly weapon is considered a felony of the first degree, which is punishable by a minimum prison sentence of 34 ½ months, which can include any combination of up to 30 years imprisonment, 30 years of probation, and up to $10,000 in fines.

Robbery with a Firearm

Under Florida Statute 812.13(1)-(2)(a), “Robbery with a Firearm” is defined as intentionally and unlawfully taking money or other personal property with the use threat, force, violence, or assault while carrying a firearm, even if it was not used in the robbery.

Penalty: robbery with a firearm is considered a felony of the first degree, which is punishable by a minimum sentence of either the 10/20/Life Firearm Enhancement statute if convicted of actually possessing a firearm, or 48 months imprisonment, which can be accompanied by any combination of up to life in prison, life on probation, and up to $15,000 in fines.

Depending on how the firearm was used in the robbery, under the 10/20/Life Florida statute, mandatory minimum punishments can include:

Home Invasion Robbery

Under Florida Statute 812.135, “Home Invasion Robbery” is defined as any robbery that occurs when the offender enters a dwelling with the intent to commit an intentional robbery of money or other property through threat, force, violence, or assault.

Penalty: home invasion robbery is considered a felony of the first degree, which is punishable by a minimum of 34 ½ months imprisonment, which can include any combination of up to 30 years imprisonment, 30 years of probation, and up to $10,000 in fines.

If a weapon is used in a home invasion robbery, the crime is punishable by up to life in prison with a minimum of 66 months imprisonment. If actually convicted of possessing a firearm during a home invasion robbery, a person can be convicted under the 10/20/Life statute, punishments can include:

Carrying a Concealed Firearm

Under Florida Statute 790.01(2), “Carrying a Concealed Firearm” is defined as knowingly carrying a firearm without a license that is concealed from the ordinary sight of another person.

Penalty: carrying a concealed firearm without a license is considered a felony of the third degree, which is punishable by up to five years imprisonment, five years of probation, and up to $5,000 in fines.

Carrying a Concealed Weapon

Under Florida Statute 790.01(1), “Carrying a Concealed Weapon” is defined as knowingly carrying a weapon that is concealed from the ordinary sight of another person.
A weapon is considered as any dirk, brass knuckles, slingshot, billie club, tear gas gun, chemical weapon, or any other deadly weapon.

Penalty: carrying a concealed weapon without a license is considered a misdemeanor of the first degree, which is punishable by up to one year in county jail, one year of probation, and up to $1,000 in fines.

Improper Exhibition of a Weapon

Under Florida Statute 790.10, “Improper Exhibition of a Weapon” is defined as displaying a dangerous weapon or firearm in a rude, careless, angry, or threatening manner in front of one or more people.

Penalty: improper exhibition of a weapon is considered a misdemeanor of the first degree, which is punishable by up to one year in jail, one year of probation, and up to $1,000 in fines.

Possession of a Firearm by a Convicted Felon

Under Florida Statute 790.23, “Possession of a Firearm by a Convicted Felon” is defined as a convicted felon knowingly caring for, controlling, possessing, or owning a firearm.

In determining the sentence for a convicted felon possessing a firearm, it is to be determined whether the person was in actual possession or constructive possession of the firearm.

Penalty: possession of a firearm by a convicted felon is considered a felony of the second degree, which is punishable by a minimum mandatory sentence of three years in prison, which can include any combination of up to 15 years imprisonment, 15 years of probation, and up to $10,000 in fines under Florida’s 10/20/Life statute if the felon is found to be in actual possession of a firearm; or up to 15 years imprisonment, 15 years of probation, and up to $10,000 in fines if the felon is found to be in constructive possession of a firearm.

Contact the Law Office of Leanna J. Smith

When you need an honest, dedicated criminal defense attorney to defend you against robbery charges or weapons offenses in DeLand, Daytona Beach, Deltona, or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.
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