Legal Question in Criminal Law in Florida
I need to know what a 17 yr old would get for armed robbery with a plastic fake gun twice in the same night. Can I get a judge to send him to a place around north fl. for troubled teens?
1 Answer from Attorneys
It is impossible to answer what the 17 year old would get, but it might be easier to explain what he could get. If it was known that the person used a fake gun then he might only be charged with 2 counts of robbery. If the fake gun was never recovered then he might actually get charged with 2 counts of robbery with a firearm (oddly, when the fake gun is not recovered, the State often charges it this way). The question will be whether he is charged as a juvenile or as an adult. He is a juvenile but the prosecutor could elect to "direct file" him to be charged as an adult. If he is found guilty of robbery with a firearm then he could very well face a minimum of 10 years in adult prison. If he is charged as a juvenile, his sentence could be anything from probation to a juvenile program (juvenile prison). He would have to be convicted first and so there would be an adjudicatory hearing (trial) in which the State would have to present witnesses and evidence. If he is convicted then there would be a predisposition report and a commitment staffing; the Department of Juvenile Justice would make their recommendation to the judge.
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