(163) How can Robbery be Enhanced in FL? – Michael A Haber Miami Criminal Defense DUI Lawyer

March 26, 2017 / Michael A. Haber /

Thank you for asking me “Can Robbery be Enhanced in FL?”

In FL, a “plain Jane” robbery, meaning one that is accomplished without the use of either a weapon or a firearm, is a 2nd degree felony, punishable but up to 15 years in state prison; but if a weapon is used during the course of the robbery then the robbery is enhanced to a 1st degree felony, punishable by up to 30 years in state prison.

And if a firearm is used during the course of the robbery then the robbery is enhanced to a 1st degree “PBL” felony, punishable by life in prison (and in FL “life” means “life”… it means that you will likely only leave prison in a pine box).

Firearms are easy to define, but defining what is a weapon or a deadly weapon can be much more challenging. In FL a weapon is defined “any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon”, but, for robbery purposes, the “test” to determine whether or not an object is a deadly weapon is whether or not “by it’s use or threatened use, death or great bodily injury is likely to be produced.”

When it comes to “deadly weapons” the focus is on both the nature of the item and the way that it was used during the commission of the robbery, not upon either the victim’s fear or the Defendant’s intent.

In FL such things as a hard clay rock, a BB gun (which is not a “firearm”) a power drill that was covered with a bandana and even a car – when it was used to snatch a pedestrian’s purse – have all been upheld as being deadly weapons, and therefore properly enhancing a robbery from a 2nd to a 1st degree felony.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney

Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

Leave a Comment





This site uses Akismet to reduce spam. Learn how your comment data is processed.