Robbery with a Firearm in Florida

The crime of Robbery with a Firearm is a First Degree Felony punishable by up to life in prison.

Under Florida Statute 812.13(1)-(2)(a), the crime of Robbery with a Firearm is committed when a person intentionally and unlawfully takes money or property from another person through the use of force, violence, assault, or threat while in possession of a firearm.

Importantly, it is not necessary that the firearm be used to effectuate the force, violence, assault, or threat; it is enough that the firearm was in the perpetrator’s possession during the robbery.

Penalties for Robbery with a Firearm

The crime of Robbery with a Firearm is a First Degree Felony and is assigned a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.

If convicted of Robbery with a Firearm, a judge is required to impose a minimum sentence of either the 10/20/Life Firearm Enhancement or 48 months in prison absent grounds to impose a downward departure sentence and can also impose any combination of the following penalties:

Up to life in prison.
Up to life on probation.
Up to $15,000 in fines.

10/20/Life Firearm Enhancement

Under Florida Statute 775.087(2)(a)(1), a person convicted of actually possessing a firearm during the commission of a Robbery with a Firearm, as opposed to being an unarmed accomplice, is subject to being sentenced under Florida’s 10/20/Life statute.

Under 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 if in possession of a firearm;
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 the firearm.

Defenses to Robbery with a Firearm

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Robbery with a Firearm include:

Afterthought Defense

It is a defense to the crime of Robbery with a Firearm if the taking of property occurred as an afterthought to the use of force or violence. (However, the taking may still constitute theft or Robbery by Sudden Snatching.) [1]

For example, if two people got into a fight, resulting in one of the two being pistol whipped and knocked out, it would not be Robbery with a Firearm to take the watch from the unconscious person’s wrist, because the taking of the watch was an afterthought that occurred after the fight had concluded. (Although it would still constitute the lesser offense of Robbery by Sudden Snatching.)

Claim of Right Defense

Under Florida law, a forcible taking of property under a bona fide claim of right is not robbery where the taker has a good faith belief that he is the owner, or is entitled to immediate possession, of the property. [2]

Mere Presence

Under Florida law, mere presence at the scene of a crime, mere knowledge that an offense is being committed, or even a display of questionable behavior after the commission of a crime is insufficient, standing alone, to establish participation in the crime. [3]

As a result, if you are out with a friend who spontaneously pulls out a gun to commit a Robbery, you cannot be convicted as an accomplice unless it can be shown you did something in furtherance of the Robbery with a Firearm.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Robbery with a Firearm in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.