What is the Minimum Sentence for Armed Robbery in Florida?
In Florida, armed robbery is a severe criminal offense that carries substantial penalties. If you’ve been accused of committing this crime, it’s crucial to understand the minimum and maximum sentences you may face.
What is Armed Robbery?
Definition: Armed robbery, also known as robbery with a firearm, is when someone takes or attempts to take something of value (like money, property, or valuables) from another person or entity through the use of force or fear, and is aided or assisted by a dangerous or deadly weapon, as described in Florida Statutes Annotated (FSA) Section 812.13.
Minimum Sentence for Armed Robbery:
The minimum sentence for armed robbery in Florida varies depending on the circumstances and whether the accused has a prior criminal record. If convicted, the minimum sentences can range from:
Aggravated Armed Robbery (FSA 812.13(2(a)))
- Minimum Prison Sentence: 10 years to life imprisonment
- Minimum Fine: Up to $10,000
- Mandatory Sentencing: 3-year minimum prison sentence when the weapon used is a firearm
Armed Robbery (FSA 812.13(1))
- Minimum Prison Sentence: 5-20 years imprisonment
- Minimum Fine: Up to $10,000
Felony Firearm Possession (FSA 790.15)
- Minimum Prison Sentence: 3 to 5 years imprisonment for first-time offenders
- Minimum Fine: Up to $10,000
- Mandatory Sentencing: 15 to 25 years to life imprisonment for repeat offenders
Circumstances that Increase the Sentencing:
- The presence of a firearm (regardless of whether it’s used or not) during the commission of the armed robbery
- Using the firearm to intimidate, threaten, or harm someone during the robbery
- Having a prior criminal record for violent crimes or theft
- Causing severe injury or death to anyone during the robbery
Potential Enhancements:
- Felony Convictions: A prior conviction for a felony can enhance the sentence for armed robbery.
- Prior Child Molestation Conviction: If the accused has a prior conviction for child molestation, the armed robbery sentence can be enhanced.
Potential Mitigation Factors:
- Juvenile Status: Sentences for minors (younger than 18 years old) may be lower due to Florida’s Youthful Offender Act (YOA).
- Mitigating Circumstances: Evidence of substantial mitigation, such as evidence of extreme emotional disturbance, diminished capacity, or mistaken identity, can reduce the sentence.
Table 1: Sentencing Summary for Armed Robbery
| Type of Armed Robbery | Minimum Prison Sentence | Minimum Fine | Mandatory Sentencing |
|---|---|---|---|
| Aggravated Armed Robbery (FSA 812.13(2(a))) | 10 years to life | Up to $10,000 | 3-year prison sentence |
| Armed Robbery (FSA 812.13(1)) | 5-20 years | Up to $10,000 | No |
| Felony Firearm Possession (FSA 790.15) | 3-5 years | Up to $10,000 | No |
In Conclusion:
Armed robbery is a serious criminal offense in Florida, with varying minimum sentences depending on the circumstances and prior record of the accused. The potential enhancements and mitigation factors highlighted above can significantly impact the sentence. If you or a loved one faces an armed robbery charge in Florida, it’s crucial to consult with an experienced criminal defense attorney to assess the evidence, identify the key issues, and mount an effective defense. Remember that a strong defense strategy can significantly reduce the consequences and sentence imposed.
