Asked in Criminal Law and Child Custody for Florida

Q: First time offender, charged with 1st degree robbery w/a firearm, Likely sentence? Second time felon same charge, same ?

1st offender, woman/mom. Used weapon other than gun, was picked out of lineup, texts with pictures, phone logs with victim minutes prior to crime, toll logs of witness described vehicle leaving area within minutes of the crime. Being held on no bond. Concerned mainly what kind of trouble is mom looking at time wise? Is a plea deal possible?

2nd time 1st degree felony offender boyfriend, Did time for felony drug trafficking. Used weapon other than gun, picked out of line up, toll logs of witness described car & tag number leaving scene within four minutes of woman accomplices car going through same toll. Being held on no bond.

Don't know if accomplice # 3 is in custody Man who had the gun

Unclear of value of property stolen, approx. $5k, Unclear if defendant's actually got the cash on victim.

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2 Lawyer Answers
Michael  Mayoral
Michael Mayoral
PREMIUM
Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: It is impossible to say what a likely sentence is on someone, even with this description of the facts. I can tell you that those are very serious charges and that it is in her interest to have a competent criminal defense attorney. A plea deal is almost always possible, but it depends on a lot of things, including what plea offer the prosecutor is willing to offer.

Jeremy Lasnetski
Jeremy Lasnetski
PREMIUM
Answered
  • Criminal Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: In Florida, there are sentencing guidelines for each offense that typically drive a prosecutor's state offer and factor into a judge's decision on an appropriate and lawful sentence. A first time armed robbery conviction would score a substantial prison sentence. If a person has prior convictions for any offenses, it increases the bottom of that guideline sentence. The strength or weakness of the evidence will factor into a prosecutor's state offer. If the case is weak, a sentence well below a mandatory minimum or guideline sentence may be negotiated between the prosecutor and the defense attorney, but must be accepted by the judge. If the case is strong, the prosecutor may seek a more severe sentence and may be unwilling to waive a mandatory minimum sentence or negotiate below the guidelines. If one of the individuals had a gun, each of the three can be charged with Armed Robbery with a firearm, although only the person who actually possessed the firearm would be subject to a mandatory minimum sentence. The mandatory minimum sentence for actual possession of a firearm during a robbery is ten years and that mandatory minimum sentence can only be waived by the prosecutor. Another factor would be whether the prosecutor wants one or two of the people to testify against the third person. If a defendant testifies for the prosecution, they may be able to negotiate a better sentence.

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