Legal Question in Criminal Law in Florida
812.13.2a My son was arrest with the charge ROBBERY WITH DEADLY WEAPON OR FIREARM . This is the first time he has ever been in any type of trouble or arrested. Is there any chances he may not have to do time, but rather probation or house arrest? Looking for any advise on what step to take next.
1 Answer from Attorneys
There is a chance of that, if he is under 21 y/o at the time of sentencing. There is a difference if a firearm was used, or just a deadly weapon. They both are 1st degree felonies, punishible by a maximum of 30 years in prison, but the firearm carries a 10 year minimum mandatory sentence if the person convicted was in possession of a firearm at the time of the crime.
If your son is under 21 at the time of sentencing, he may be able to avoid the minimum mandatory sentence, as well as any mandatory prison time required by scoring more than 44 points on the scoresheet. If he is under 21, he would be eligible for a youthful offender sentence, with a maximum sentence of (technically) 6 years in prison. I say technically, because the judge can only sentence him to 4 years prison followed by 2 years probation or community control maximum. There are some requirements he would have to meet and you are better off if you consult with an attorney in your area.
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