Offenses involving Firearms and Weap
The 10-20-Life Law/ Sentence Enhancement- (Other Florida Sentence Enhancements)
Florida has enhanced minimum mandatory prison terms for offenders who commit crimes with guns.
This law- Mandates a minimum 10 year prison term for certain felonies, or attempted felonies, in which the offender possesses a firearm
or destructive device.
Mandates a minimum 20 year prison term when the firearm is discharged.
Mandates a minimum 25 years to LIFE if someone is injured or killed.
Mandates a minimum 3 year prison term for possession of a firearm by a felon. (actual possession)
Mandates that the minimum prison term is to be served consecutively to any other term of imprisonment imposed
A “Minimum Mandatory” is a sentence that must be served day-for-day,
with no reduction days off of the sentence for gain-time, good behavior, overcrowding,
or other early release.
A person is not allowed to serve this sentence in a halfway-house or work-release program.
Specific Weapons Offenses-
Aggravated Assault with a Deadly Weapon
The Rabby Law Firm can help and has specific knowledge and experience in Firearm / Weapons defense. Christopher L. Rabby is dedicated to aggressively representing his clients. We have the experience and knowledge of Florida State laws; we will strive to get you the best result possible.
Assault is a purposeful, unlawful threat by word or physical act intending violence to an individual, combined with an apparent ability to do so, and
participating in an act that creates substantiated fear that such violence is impending. This is a “simple assault” which is a misdemeanor and does not carry a mandatory minimum jail sentence for offenses with out a firearm.
If the threat includes the handling of a deadly weapon (knife, baseball vat, motor vehicle…), it is an Aggravated Assault, third-degree felony which is punishable by a prison term of up to five years.
If a firearm is possessed or used, the law mandates a 3 year mandatory jail sentence.
It is not uncommon for Aggravated Assault arrests to occur even when the person is acting in self-defense or the defense of others.
If arrested for Aggravated Assault with a Firearm in Pensacola, Escambia County, Florida, or the surrounding areas of Gulf Breeze, Pensacola Beach and
Milton , Florida contact us to discuss your case with an experienced aggravated assault criminal defense attorney. (850) 437-9410
Aggravated Assault with a Firearm components are required to prove:
The defendant must unlawfully intend to threaten another person by word or action; acts of self-defense are not unlawful.
The defendant must have threatened or aimed the firearm in the direction of the assault victim,
so that the victim assuredly expects to be significantly injured.
The defendant must have intended the act to place the person in fear.
That intention should be validated by a confrontation.
The State of Florida law does not require for prosecutor to prove an intent to kill the victim.
Florida Statute 784.021 Aggravated assault.-
An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
It is a felony of the third degree, punishable by up to five years incarceration.
A Robbery as defined in Chapter 812 of the Florida Statutes means: The taking of money or other property from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
Strong Arm Robbery
Strong-arm robbery is a term used to define a situation where the criminal used any degree of force to complete the act. Strong-arm robbery is technically a term used to describing a crime of “Robbery by sudden snatching.”
Florida Statute 812.131 – Robbery by sudden snatching-
1.”Robbery by sudden snatching” means the taking of money or other property from the victim’s person, with intent to permanently or temporarily
deprive the victim or the owner of the money or other property, when, in the course of the taking,the victim was or became aware of the taking. In order to satisfy this definition,
it is not necessary to show that:
a. The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or
b. There was any resistance offered by the victim to the offender or that there was injury to the victim’s person.
Armed robbery is the offense of a robbery while carrying, brandishing or using a weapon. The presence of a weapon significantly increases the consequences and potential punishments if an offender is convicted. Armed robbery carries a mandatory minimum sentence of 10 years under Florida’s 10-20-Life law.
Pensacola Burglary Defense Attorney Christopher L. Rabby can help and has specific knowledge and experience in Burglary / Robbery defense. Chris Rabby has taken these cases to jury trial.
A Burglary as defined in Chapter 810 of the Florida Statutes is:
Entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
Surreptitiously, with the intent to commit an offense therein;
After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
To commit or attempt to commit a forcible felony.
Burglary of an Unoccupied Residence (Home)
Burglary of an Unoccupied Residence is a 2nd degree felony criminal offense punishable by up to 15 years in prison. This offense encompasses the illicit
entry into unoccupied home while intending to commit a crime inside. The intended crime is not required to consist of theft; vandalizing of property is considered criminal mischief and will be charged as burglary. Entering a residence without theft or vandalizing of property is considered trespassing.
Burglary of an Occupied Residence
Burglary of an Occupied Residence is a 2nd degree felony criminal offense punishable by up to 15 years. This offense is very serve because the alleged
burglary crime occurred while residents were home. Florida’s State Attorney’s Office will typically pursue prison time against any offender alleged of
Burglary of an Occupied Residence.
Armed Burglary is a 1st degree felony criminal offense punishable by up to life in prison. Armed burglary means that the suspect entered a home or even a car intending to commit a crime inside and in the course of the crime, the alleged either was armed or came to be armed. Armed burglary carries a mandatory minimum sentence of 10 years under Florida’s 10-20-Life law. Armed Burglary offenses occurring with a firearm will result in the offender being held without bond until an attorney sets a special bond hearing.
Auto Burglary is a 3rd degree felony criminal offense punishable by up to 5 years. Out of all burglary crime, Auto Burglary is the least severe; however
prosecutors aggressively prosecute this form of burglary because it generally involves more than one vehicle. Each Offense can be “stacked” (sentences to run consecutively/ after each other) Restitution for damages to the vehicle and missing property is required.
Commercial Burglary is a serious 3rd degree felony criminal offense. Structure burglaries are typically “business burglaries.” This may involve the
breaking and entering into a commercial business that has shut down for the day. These forms of crimes can often enrage alleged victims demanding a great amount of dollars in restitution. This usually influences the State Attorney’s judgment on how to proceed with the case.
Carrying a Concealed Weapon/ Firearm
If you are in trouble with the law and facing charges related to Carrying a Concealed Weapon, Chris L. Rabby at Christopher L. Rabby, P.A. Pensacola
criminal defense attorney is available to represent you and defend your case. Provide us with your case details in our online form immediately to begin the defense process. Call us right away at (850) 437-9410 to discuss how we can possibly defend your case.
In Florida, carrying a concealed weapon requires a Concealed Weapons Permit if you are anywhere other than home or you place of business. If you do not possess a permit to carry you may face a misdemeanor for some weapons and a third degree felony for a firearm in Florida.
For weapons that are not firearms; the punishment is a first degree misdemeanor. Usual automobile arrests for carrying a concealed
firearm in Florida occurs when a firearm is positioned under an automobile seat without the firearm secured inside a snapped holster. It is not a violation of the law if the firearm is securely encased, for instance in a box or compartment, or otherwise not readily available for immediate use. Securely
encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle and may be loaded.
There are other exceptions to Florida’s Concealed weapons laws. For instance, you can also keep a firearm on your personal, either concealed or open inside your home or business. But, if you take it outside, you run the risk of being charged with Carrying a Concealed Weapon.
Florida’s Weapons and Firearms Statues
§790.01 Carrying concealed weapons.-
(1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or abouthis or her person commits a misdemeanor of the first degree.
(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree.
(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.
(4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.
(5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart- firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s.790.07, s. 790.10, s. 790.23, or s.790.235, or for any other criminal offense.
Contact the Rabby Law Firm if you are facing charges for Carrying a Concealed Weapon. We will aggressively represent you as the Firearm / Weapons criminal defense attorney located in Pensacola, Florida.
Firearm Possession by a Felon/ Delinquent
Contact the Rabby Law Firm to receive adequate and experienced representation for your case.
Florida and Federal criminal law restricts the rights of convicted felons the right to possess firearms.
The prosecutor must prove possession of the firearm. Firearm Possession by a Convicted Felon charge may be either “constructive” possession or “actual” possession. If you have been convicted of a felony in Florida, it is unlawful for you to possess a gun, even if you have has most of your civil rights restored.
If the firearm is not found “on” the Florida felon, the prosecutor has to prove that the Florida felon had knowledge of and control over the weapon.
Depending on these facts, the prosecuting attorney may be unable to provide sufficient evidence.
Juvenile delinquents are considered “restricted persons” and are not eligible to possess a firearm in Florida until they turn 24 years old, Florida
Statute §790.23(1)(a) .
Florida State court does not consider it a felony conviction if a person receives a “withhold of adjudication” after pleading no contest.
But, for federal purposes, Florida State court guilty pleas with a “withhold of adjudication”, can be considered a convicted felon.
If the State of Florida Department of Executive Clemency restores all of your civil rights you will be no longer a convicted felon.
Getting your civil rights restored will allow you the eligibility to vote.
However, a simple restoration of rights does not include a restoration of firearms rights, this must be sought separately.
Florida’s Weapons and Firearms State Law:
According to Florida Statute Section 790.23, a convicted felon may be charged with Possession of a Firearm by a Convicted Felon:
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.
(2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.
(3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree.
(4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04,
the offense is a felony of the first degree, punishable by a term of years not exceeding life…
Improper Exhibition of a Firearm.
If you are facing charges related to Improper Exhibition of a Firearm and/or Improper Display of a Weapon, the Chris Rabby Law Firm, a Pensacola Criminal Defense Lawyer is available to represent you and defend your case. Provide us with your case details in our online form immediately to begin the defense process. We represent clients facing charges relating to weapons and firearms charges in the Pensacola, Gulf Breeze, Pensacola Beach, Milton, and surrounding areas. Call us right away at (850) 437-9410 to discuss how we can possibly defend you.
Improper exhibition of a Firearm and/or Improper Display of a Weapon are crimes governed by Florida Statute 790.10. These come from the common law crime of brandishing a weapon
Improper Exhibition of a Firearm is a lesser and included offense of aggravated assault.
Improper Exhibition of a Firearm can also be charged because a person displayed a firearm so hastily that other persons in the vicinity believed they
might get accidentally targeted, or because a person displayed a weapon in a manner that was transparently offensive to most reasonable people. The
arresting officer looks at the offense on an “objective” rather a “subjective” basis.
Florida Statue §790.10, Improper exhibition of dangerous weapons or firearms.-
If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall,
in the presence of one or more persons, and exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense,
the person so offending shall be guilty of a misdemeanor of the first degree.
Contact Christopher L. Rabby, P.A. at our Pensacola, Florida law firm to speak with us today.
Your freedom is your priority — and ours.
Call us at 850-437-9410 or contact us online now!