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
E-Mail: [email protected] / [email protected]
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