Law Office Of Leanna J. Smith
Leanna Smith and Carlos Vidal-Collazo

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

Under Florida Statute 812.13(1), “Robbery” – is defined 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.

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

Robbery with a Firearm

Under Florida Statute 812.13(2)(a), “Robbery with a Firearm” starts with the same definition of Robbery in Section 812.13(1), with the additional requirement that in the course of committing the robbery the offender carried a firearm or other deadly weapon, even if it was not used in the act of robbery.

Penalty: robbery with a firearm is considered a felony of the first degree, which is punishable by up to 30 years imprisonment and up to $10,000 in fines.

Robbery with a Deadly Weapon

Under Florida Statute 812.13(2)(a), “Robbery with a Deadly Weapon” starts with the same definition of Robbery in Section 812.13(1), with the additional requirement that in the course of committing the robbery the offender carried a weapon, even if it was not used in the act of robbery.

A deadly weapon is a firearm, knife or any other object that is used, or intended to be used, in such a way that it could cause death or serious bodily harm.

Penalty: robbery with a deadly weapon is considered a felony of the first degree, which is punishable by up to 30 years imprisonment and up to $10,000 in fines.

Robbery by Sudden Snatching

Under Florida Statute 812.131(1), “Robbery by Sudden Snatching” is defined as the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. It is not necessary to show that force was used when taking the property, or that there was any resistance offered by the victim to the offender or that there was injury to the victim in order to satisfy this definition.

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

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 a robbery, and does commit a robbery of the occupants therein.

Penalty: home invasion robbery is considered a felony of the first degree, which is punishable by up to 30 years imprisonment and up to $10,000 in fines.

Possession or use of weapon; aggravated battery; felony reclassification (10-20-Life Law)

Under Florida Statute 775.087, unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:

Carrying a Concealed Weapon

Under Florida Statute 790.01(1), “Carrying a Concealed Weapon” is defined as knowingly carrying a weapon or electric weapon or device on or about his or her person that is concealed from the ordinary sight of another person.

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 jail and up to $1,000 in fines.

Carrying a Concealed Firearm

Under Florida Statute 790.01(2), “Carrying a Concealed Firearm” is defined as knowingly carrying a firearm on or about his or her person, 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 and up to $5,000 in fines.

Improper Exhibition of a Weapon

Under Florida Statute 790.10, “Improper Exhibition of a Weapon” is defined as displaying a dangerous weapon, such as a dirk, sword, sword cane, firearm, electric weapon or device, or other weapon in a rude, careless, angry, or threatening manner in front of one or more people (not in necessary self-defense).

Penalty: improper exhibition of a weapon is considered a misdemeanor of the first degree, which is punishable by up to one year in jail 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 any firearm.

Penalty: possession of a firearm by a convicted felon is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.

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.
Criminal Defense