Armed Robbery Defense Attorneys in Jacksonville

Florida Armed Robbery Law: Charges & Penalties

Florida Statutes section 812.13 defines robbery as the taking of money or other property from a person or the person’s custody, with the intent to permanently or temporarily deprive that person of the property, through force, violence, assault, or putting in fear. The statute divides robbery into distinct offense levels based on what was allegedly carried during the incident.

Under section 812.13, the offense level depends on what was allegedly carried:

• Carrying a firearm or other deadly weapon during a robbery makes the offense a first-degree felony punishable by a term of years not exceeding life imprisonment.
• Carrying any other weapon also results in a first-degree felony charge.
• Robbery without a firearm, deadly weapon, or other weapon is classified as a second-degree felony.

Firearm Allegations & 10-20-Life Sentencing in Florida

When a robbery charge includes an allegation of actual firearm possession, Florida Statutes section 775.087 may impose mandatory minimum sentences that courts cannot reduce below the statutory floor. These provisions are sometimes referred to as 10-20-Life.

Under that statute:

• Actual possession of a firearm or destructive device during a qualifying robbery carries a 10-year mandatory minimum.
• Discharge of the firearm carries a 20-year mandatory minimum.
• When discharge causes death or great bodily harm, the mandatory minimum ranges from 25 years to life.

These minimums apply only when the statutory requirements are met.

Whether these provisions apply to a specific case depends on whether the firearm was actually possessed, whether the alleged object meets the statutory definition, who possessed it in a group incident, and whether the State can prove the required connection between the firearm and the offense. Sentencing exposure in any armed robbery case depends on the charges, the evidence, the alleged weapon, any injuries, the defendant’s prior record, and other case-specific circumstances.

Defense Issues in an Armed Robbery Case

We scrutinize the State’s evidence and assess whether the elements of the charged offense can be proved. Our approach includes preparing for negotiation and trial, not just seeking a quick resolution.

A case review may address eyewitness identification reliability, surveillance video quality and continuity, recovered property, statements made to law enforcement, evidence related to the alleged weapon, and the handling and chain of custody of physical evidence. Possible issues can include mistaken identity, lack of involvement, lack of intent, questions about whether force or fear occurred during the taking, whether the weapon allegation can be proved to the required standard, and whether any search, seizure, lineup, or interrogation complied with constitutional requirements. The availability and strength of any defense depend on the evidence and the specific facts of the case.

What to Expect After an Armed Robbery Arrest in Jacksonville

A felony case in Jacksonville moves through a defined sequence of proceedings, though the timing and details vary based on custody status, the specific charges, evidence, and court orders.

After an arrest, the process may involve:

• An initial appearance
• Arraignment
• Discovery
• Pretrial motions
• Plea negotiations
• Trial if the case is not resolved earlier

Pretrial motions can be significant: challenges to identification procedures, statements, or physical evidence obtained through an unlawful search may affect what the State can use at trial.

Jacksonville felony cases fall within the Fourth Judicial Circuit, which serves Duval, Clay, and Nassau Counties. We keep clients informed throughout this process, respond to concerns promptly, and apply our former prosecutor background to anticipate how the State is likely to approach the case at each stage.

Discuss Your Armed Robbery Charge with Our Jacksonville Team

We investigate the evidence and prepare for negotiations or trial based on the facts. If you or a family member is facing an armed robbery charge, contacting us promptly can allow us to begin reviewing the accusation, upcoming court obligations, and available legal options before the case advances further.