Aggravated battery cases are often decided by the medical records long before a jury is picked. Whether an injury counts as “great bodily harm” or ordinary bodily harm can separate a misdemeanor from a 15-year felony. I am Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I learned to read injury evidence in the Major Crimes Unit and have tried more than 150 jury trials to verdict. Our attorneys build every battery defense the same way: get the medical records, the video, and the 911 calls early, then measure them against each element the State has to prove.

What is the difference between battery and aggravated battery in Florida?

Battery is an unwanted touch or strike, and aggravated battery is a battery that causes serious injury, involves a deadly weapon, or targets a pregnant victim. Under section 784.03, Florida Statutes, a person commits battery by actually and intentionally touching or striking someone against their will, or by intentionally causing bodily harm. No injury is required for simple battery. A shove, a slap, or a grab can be enough.

Between simple battery and aggravated battery sits felony battery. Under section 784.041, felony battery is an intentional touch or strike that causes great bodily harm, permanent disability, or permanent disfigurement. The same section also covers domestic battery by strangulation. Battery between family or household members is prosecuted as domestic violence, which our firm covers on our domestic violence defense page and in our post on how to fight a domestic violence battery charge in Florida. Battery also differs from assault, which is a threat without contact, as explained in what is assault in Florida.

Our attorneys defend every level of this ladder, from a misdemeanor bar-fight battery to aggravated battery with a firearm. More about that work is on our Tampa violent crime lawyer page.

Maximum prison terms come from section 775.082 and maximum fines from section 775.083. For the prior-conviction felony, Florida counts a plea or verdict of guilt as a “conviction” even when the judge withheld adjudication.

What does the State have to prove for aggravated battery in Florida?

The State must prove a battery plus one aggravating fact. Section 784.045 lists three ways to commit aggravated battery:

1. Great bodily harm. In committing the battery, the accused intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement.
2. Deadly weapon. In committing the battery, the accused used a deadly weapon.
3. Pregnant victim. The person struck was pregnant, and the accused knew or should have known it.

The first path requires more than a serious injury. The State must prove the accused meant to cause that level of harm or knew it would result. In T.S. v. State, 965 So. 2d 1288 (Fla. 2d DCA 2007), a juvenile dishwasher punched a co-worker once after she threw iced tea in his face, fracturing her eye socket. The Second District held that the punch was a quick, almost reflexive reaction, so the evidence did not prove the specific intent aggravated battery requires, and it ordered the charge reduced to felony battery. Hillsborough, Pinellas, and Pasco County appeals go to the Second District Court of Appeal, so its decisions on these elements carry particular weight in local courtrooms. Our attorneys build the intent argument from the first interview, because the facts that show a reflexive reaction fade quickly from witnesses’ memories.

How does a firearm change an aggravated battery charge?

A firearm can raise the degree of the charge and trigger Florida’s 10-20-Life mandatory minimums. Section 775.087 does two separate things.

First, subsection (1) reclassifies a felony one degree higher when the accused carried, displayed, used, or threatened to use a weapon or firearm. A second-degree felony becomes a first-degree felony punishable by up to 30 years. The statute excludes felonies in which use of a weapon or firearm is an essential element, so whether reclassification applies depends on which form of aggravated battery the State charges.

Second, subsection (2) lists aggravated battery as a 10-20-Life offense. On conviction, the minimum prison terms are:

• 10 years if the accused actually possessed a firearm during the battery.
• 20 years if the accused discharged the firearm.
• 25 years to life if the discharge caused death or great bodily harm.

These minimums apply whether or not weapon use is an element of the charge. Our post on Florida’s 10-20-Life law covers how “actual possession” is litigated. In a firearm case, our attorneys focus first on whether the State can prove actual possession and discharge, because those facts set the floor before any other sentencing argument begins.

What happens if the alleged victim is a police officer?

Battery on a law enforcement officer is a felony even without injury. Under section 784.07, a knowing battery on an officer engaged in official duties is reclassified from a first-degree misdemeanor to a third-degree felony. The same section covers firefighters, emergency medical care providers, hospital personnel, and other listed workers.

Aggravated battery on an officer becomes a first-degree felony with a 5-year mandatory minimum prison sentence. A battery on an officer committed while possessing a firearm carries a 3-year minimum. These cases often turn on whether the accused knew the person was an officer and whether the officer was performing official duties, and body camera footage usually answers both questions. In one case our firm resolved a three-year-old warrant for battery on a law enforcement officer as a misdemeanor with credit for time served.

How much prison does an aggravated battery conviction score in Florida?

A first aggravated battery conviction with no prior record scores at least 21 months in state prison under Florida’s Criminal Punishment Code, and the number rises with every level of injury. The offense severity ranking chart in section 921.0022 places aggravated battery causing great bodily harm and aggravated battery with a deadly weapon at Level 7. Under section 921.0024, a Level 7 primary offense scores 56 points, and victim injury adds 4 points for slight injury, 18 for moderate injury, and 40 for severe injury.

When total points exceed 44, the lowest permissible sentence is calculated by subtracting 28 and multiplying by 75 percent. At 44 points or fewer, the judge may impose a sentence without state prison. The table shows how the injury finding moves the number, assuming no prior record and no other charges.

Our attorneys run this scoresheet math early in every felony battery case, because it shows the client what each argument is worth. Two lessons follow from this math. First, the dispute over how badly someone was hurt matters at sentencing even when it does not change the charge. Second, reducing aggravated battery to misdemeanor battery removes the felony scoresheet entirely. A judge can sentence below the lowest permissible sentence only through a downward departure, which requires a legal reason supported by evidence.

How do our attorneys fight a battery or aggravated battery charge?

Our attorneys fight these charges by attacking the specific element that makes the case a felony, while preserving self-defense as a complete defense. The approaches below are the ones we use most often in Hillsborough, Pinellas, and Pasco County courtrooms.

1. Raise self-defense and Stand Your Ground immunity

Self-defense is a complete defense to battery and aggravated battery in Florida. Under section 776.012, a person may use force they reasonably believe is necessary to defend against another’s imminent use of unlawful force, and may use deadly force to prevent imminent death or great bodily harm. A person using deadly force who is not engaged in criminal activity and is in a place they have a right to be has no duty to retreat.

Section 776.032 goes further and makes justified force immune from arrest, charging, and prosecution. Our attorneys raise immunity by a pretrial motion to dismiss. Once the defense presents a prima facie claim at the immunity hearing, the State must overcome it by clear and convincing evidence. If the judge grants immunity, the case ends without a trial. The immunity does not apply when the person struck was a law enforcement officer performing official duties who identified themselves or was reasonably known to be an officer. Our posts on how to claim self-defense in a Florida criminal case and Stand Your Ground vs. self-defense in Florida explain the hearing in detail.

2. Challenge the “deadly weapon” label

An everyday object is a deadly weapon only if it was used in a way likely to cause death or great bodily harm. In C.A.C. v. State, 771 So. 2d 1261 (Fla. 2d DCA 2000), a 10-year-old stabbed another child two or three times in the back with the fork he had been using to eat watermelon. The victim had scratches, swelling, and puncture marks but needed no medical treatment. The Second District held that a fork used in its ordinary manner is not likely to cause death or great bodily harm, found no proof of a deadly weapon, and reduced the charge to simple battery.

Arrest reports sometimes label a bottle, a phone, a shoe, or a vehicle a “deadly weapon.” Our attorneys hold the State to proof of how the object was actually used and what injury it actually caused.

3. Test the medical evidence on great bodily harm

Great bodily harm means serious injury, more than the bruises and minor cuts that come with an ordinary fight. In Owens v. State, 289 So. 2d 472 (Fla. 2d DCA 1974), the Second District quoted the definition Florida courts still use: great bodily harm is “great as distinguished from slight, trivial, minor, or moderate harm” and does not include “mere bruises.” The victim in that case had a broken nose and one eye swollen shut, and the court held that whether those injuries qualified was a question of fact for the jury.

Because the question is factual, the medical records decide it. The State’s evidence in C.A.C. v. State, 771 So. 2d 1261 (Fla. 2d DCA 2000) failed partly because the injured child never needed treatment. Our attorneys subpoena the emergency room chart, imaging, discharge instructions, and follow-up records. When the chart shows a patient treated and released with no fracture, no surgery, and no lasting effect, that is evidence against great bodily harm, and our firm uses it in negotiations and at trial. When the medicine is disputed, we consult independent physicians through our forensic expert network.

4. Attack intent and show accident

Aggravated battery by great bodily harm is a specific intent crime, so an accidental or reflexive injury is not enough. T.S. v. State, 965 So. 2d 1288 (Fla. 2d DCA 2007) shows the difference: a single reflexive punch that broke an eye socket was felony battery, not aggravated battery, because nothing showed the young man intended or knew he would cause that injury.

Intent also matters at the battery level. A person who falls into someone, swings an arm while pulling away, or is pushed into contact has not “intentionally” touched anyone. Our attorneys reconstruct the seconds before contact with video, witness interviews, and the physical layout of the scene.

5. Contest identity in chaotic scenes

Fights in bars, parking lots, and crowds produce unreliable identifications. A 2014 report by the National Research Council of the National Academies, Identifying the Culprit: Assessing Eyewitness Identification, found that duress, elevated emotions, brief viewing, and the presence of a gun or knife all reduce an eyewitness’s ability to perceive a face accurately. The report also found that a witness’s confidence can shift over time and recommended recording it at the first identification.

Our attorneys use that research to challenge show-up identifications and photo lineups, and we look for video that settles the question. In one case our firm resolved, a frame-by-frame review of video showed the other person was the aggressor, and the State entered a nolle prosequi, the formal decision to drop the charge.

6. Work the case before charges are filed

The State Attorney’s Office decides what to file after the arrest, and that window is the best time to keep an aggravated battery from becoming a formal felony charge. In Hillsborough County, an arrest goes to an intake prosecutor who reviews the report and decides the charge. Our attorneys present that prosecutor with witness statements, video, medical records, and background on our client before the filing decision. Through representation before charges are filed, our firm obtained a release letter with no charges filed in an aggravated assault case after presenting the alleged victim’s signed affidavit to the intake prosecutor.

What should you do, and avoid, after a battery arrest in Florida?

Your conduct in the first days after a battery arrest can strengthen or damage every defense above. Our attorneys give every new client these instructions:

• Do not discuss the incident with police, the alleged victim, friends, or on social media. Jail calls are recorded.
• Obey every no-contact condition. Contact with the alleged victim can lead to a new charge and revocation of bond.
• Write down names of every witness and every business, home, or vehicle with a camera that may have recorded the incident. Many systems record over old footage automatically.
• Photograph your own injuries and get medical care. Injuries to the accused are often the strongest self-defense evidence.
• Call a defense attorney before first appearance if you can, so someone can argue bond conditions for you.

What happens after an aggravated battery arrest in Hillsborough County?

An aggravated battery arrest in Hillsborough County moves to first appearance within 24 hours, then to the State’s filing decision. In Hillsborough County the arrested person appears by video from the jail, while a judge downtown reviews probable cause and sets release conditions. Hillsborough County does not offer pretrial services supervision as a release option, though some neighboring counties do, so the judge chooses among a monetary bond, release on recognizance, or continued detention, usually with conditions such as no contact with the alleged victim. Our guide on what to do after being arrested in Tampa covers the first 48 hours step by step.

Hillsborough County arrests people for violent crimes at a higher rate than Florida as a whole. Florida Health CHARTS’ 2024 violent crime indicator, built from Florida Department of Law Enforcement arrest records, counts 2,652 violent crime arrest events in Hillsborough County, a rate of 168.6 per 100,000 residents compared with 145.7 for Florida as a whole. That category covers murder, rape, robbery, and aggravated assault.

After first appearance, the State Attorney’s Office decides whether to file a formal charge, called an information, and at what level. If you remain in jail and no charge is filed within 21 days, Florida’s rules let the defense demand an adversary preliminary hearing, where the State must establish probable cause with live testimony. Our firm’s office at 620 E. Twiggs Street is two blocks from the Hillsborough County Courthouse, and our attorneys practice in the 13th Judicial Circuit. More about local procedure is on our Hillsborough County criminal defense page.

What should you look for in a defense attorney for an aggravated battery charge in Hillsborough County?

Look for an attorney who tries violent felony cases to verdict, knows the local judges and prosecutors, and will get the evidence before it disappears. Prosecutors make their best offers in aggravated battery cases when they believe the defense is ready for trial.

Our firm’s practice is devoted entirely to criminal defense, from misdemeanors to capital cases. I have tried more than 150 jury trials to verdict over more than 25 years in Hillsborough County courtrooms. I served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, overseeing a staff of over 100 attorneys, worked in the Major Crimes Unit, and taught at the police academy, which taught me how officers are trained to write reports and testify. I hold an AV Preeminent rating, have been selected for Super Lawyers, and have been named to the National Trial Lawyers Top 100. I also wrote “How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter” for people facing exactly this decision.

We defend battery and aggravated battery cases in Hillsborough, Pinellas, and Pasco counties. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Clients receive case updates through our client portal, and we return calls within 24 hours. You can call us at any hour.

Our firm charges a flat fee that covers the whole case, including trial, quoted on the facts and intricacy of the case. At least half is paid up front, with a payment plan for the balance while the case is pending, and consultations are free. A flat fee that includes trial means there is no separate trial fee giving a lawyer a financial incentive to settle before trial preparation begins. We are neither the most nor the least expensive firm in Tampa; our post on how much a criminal defense attorney costs in Tampa explains the range.

What results have our attorneys obtained in battery cases?

Our attorneys have obtained reductions and dismissals in battery and aggravated battery cases by attacking injury evidence, identity, and the client’s role in the incident. These results are published on our case results page.

Past results do not guarantee future outcomes. Every case depends on its own facts.

Frequently asked questions about battery charges in Florida

Can aggravated battery charges be dropped or reduced in Florida?

Yes, aggravated battery charges can be dropped or reduced, most often when the evidence does not support great bodily harm, a deadly weapon, or the required intent. Our attorneys at The Brancato Law Firm have had aggravated battery charges reduced to misdemeanor battery after challenging the injury evidence and our client’s role in the incident. Only the State Attorney’s Office can drop the charge, though an alleged victim’s wishes and new evidence influence that decision. The earliest chance is before formal charges are filed, through pre-file advocacy.

Is a broken nose considered great bodily harm in Florida?

A broken nose can be great bodily harm, but it is a question of fact for the jury. The Brancato Law Firm’s attorneys argue this point with the full medical chart, because treatment, healing time, and lasting effects all bear on the answer. In Owens v. State, 289 So. 2d 472 (Fla. 2d DCA 1974), the court let a jury decide whether a broken nose and an eye swollen shut qualified, and quoted the rule that mere bruises do not.

What counts as a deadly weapon in a Florida aggravated battery case?

A deadly weapon is any object used or threatened to be used in a way likely to cause death or great bodily harm, including an ordinary household item. When an arrest report labels a household item a deadly weapon, our firm, The Brancato Law Firm, P.A., makes the State prove how the item was actually used. In C.A.C. v. State, 771 So. 2d 1261 (Fla. 2d DCA 2000), a fork that caused only scratches and puncture marks was not a deadly weapon.

What is the difference between felony battery and aggravated battery in Florida?

Felony battery requires only that a battery caused great bodily harm, while aggravated battery requires that the accused intended or knew the battery would cause that harm. Our attorneys at The Brancato Law Firm look at that intent gap first when asking a prosecutor to reduce a second-degree felony to a third-degree felony. The difference is up to 10 years of maximum exposure, as T.S. v. State, 965 So. 2d 1288 (Fla. 2d DCA 2007) illustrates.

Can I use Stand Your Ground for an aggravated battery charge in Florida?

Yes, Stand Your Ground immunity applies to aggravated battery when the force used was justified under Florida’s self-defense statutes. Lawyers at The Brancato Law Firm raise it by a pretrial motion to dismiss, where the State must disprove self-defense by clear and convincing evidence. Our post comparing Florida’s Stand Your Ground and self-defense rules explains how the immunity hearing works.

Do I need a lawyer for a misdemeanor battery charge in Hillsborough County?

You should have a lawyer even for misdemeanor battery, because a conviction is a permanent violent offense on your record and a second battery can be charged as a felony. Our team at The Brancato Law Firm looks first for a dismissal or a diversion program that ends with the charge dropped. Our violent crime defense in Tampa covers misdemeanor and felony battery alike.

How much does an aggravated battery lawyer cost in Tampa?

The cost depends on the facts, the injury evidence, and whether the case is likely to go to trial. The Brancato Law Firm quotes one flat fee that covers the whole case, including trial, with at least half up front and a payment plan for the balance while the case is pending. Our guide to criminal defense attorney costs in Tampa explains what drives the fee.

For more about our defense strategies, visit our Violent Crimes page.

Before the State files formal charges, our attorneys can still shape what the case becomes: we secure the video, the medical records, and the witness accounts, then put them in front of the prosecutor while the filing decision is open. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 for a free consultation. Surveillance video can be recorded over quickly after an arrest, so call us at any hour.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If your son or daughter was arrested on a felony in Hillsborough County before turning 21, the sentencing law that matters most may be one the prosecutor never mentions. Youthful offender sentencing can turn a mandatory 10-year gun case into a sentence measured in months, but only if the defense asks for it and builds the record to earn it. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I spent more than 25 years in Hillsborough County courtrooms, including as former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys raise youthful offender sentencing early and back it with a mitigation packet the judge can rely on.

What is youthful offender sentencing in Florida?

Youthful offender sentencing is an alternative to an adult sentence for young people convicted of felonies. The Florida Youthful Offender Act, found in section 958.04, Florida Statutes, tells the judge to dispose of the case “in lieu of other criminal penalties authorized by law,” which is why the usual penalty structure, including most mandatory minimums, falls away.

The Act caps the sentence at six years. Under section 958.04(2), the judge can choose probation or community control for up to six years, with or without an adjudication of guilt; a split sentence of one to four years in a Department of Corrections facility followed by supervision, with the total capped at six years; or a commitment to the Department of Corrections for up to six years. None of these can exceed the maximum sentence for the offense itself.

Who is eligible for youthful offender sentencing in Florida?

A person is eligible when three conditions are met. Under section 958.04(1), the court may sentence as a youthful offender someone who is at least 18 or was transferred to adult court as a juvenile, who was found guilty of or pled to a felony committed before turning 21, and who has never been classified as a youthful offender before.

• Age at the offense, not at sentencing. The crime must have been committed before the defendant’s 21st birthday. A defendant who turns 21 or 22 while the case is pending is still eligible.
• A felony charge. The Act applies to felonies. A person “found guilty of a capital or life felony” cannot be sentenced as a youthful offender.
• One time only. A prior youthful offender classification disqualifies the defendant.
• The judge’s choice. The statute says the court “may” sentence as a youthful offender. No one is entitled to it, which is why the defense has to make the case for it.

The life felony exclusion is narrower than many people assume. Robbery while carrying a firearm is a first-degree felony punishable by a term of years not exceeding life, which is not the same thing as a life felony, so a defendant convicted of armed robbery can still qualify, as our guide on how to defend against an armed robbery charge in Florida explains.

Can a youthful offender sentence avoid a 10-20-Life mandatory minimum?

Yes. Florida’s Second District Court of Appeal, which hears appeals from Hillsborough, Pasco, and Pinellas Counties, decided this question in State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001). Derek Wooten was charged with aggravated assault with a firearm and carrying a concealed firearm, and the trial judge withheld adjudication and sentenced him as a youthful offender to two years of community control followed by four years of probation. The State appealed, arguing the 10-20-Life minimum mandatory had to be imposed. The Second District affirmed, holding that the 10-20-Life statute “contains no language to supersede the youthful offender sentence” and that minimum mandatory sentencing “is not applicable when one is sentenced as a youthful offender.”

The same rule protects young people facing drug trafficking minimums. The practical lesson is simple: a gun or trafficking charge that looks like a guaranteed prison term may not be one for a client under 21. Our guide to Florida’s 10-20-Life law explains those minimums, and our Tampa gun crimes lawyer page describes how we defend firearm cases.

Can the judge withhold adjudication in a youthful offender case?

Yes, and that includes charges where Florida law normally forbids a withhold. In Sloan v. State, 884 So. 2d 378 (Fla. 2d DCA 2004), Joshua Sloan was adjudicated guilty of DUI manslaughter because the trial judge believed section 316.656(1), which bars withholding adjudication for DUI and vehicular homicide, controlled. The Second District reversed, holding that if the court classifies a defendant as a youthful offender, “section 316.656(1) is inapplicable,” and sent the case back for the judge to decide whether a withhold was appropriate.

A withhold of adjudication means the client is not formally convicted of the felony, which protects civil rights and can make the record eligible for sealing later. That is often worth as much to a 19-year-old as the shorter sentence.

How many young people face felony sentencing in Hillsborough County?

Hundreds every year. According to the Florida Department of Corrections’ Criminal Punishment Code report for FY 2023-24, the 13th Judicial Circuit in Hillsborough County sentenced 77 felony scoresheets for offenses committed at age 17 or younger and 1,089 for offenses committed between ages 18 and 24. Statewide, 1,024 felony scoresheets that year were for offenses committed at 17 or younger.

The report does not say how many of those defendants received youthful offender sentences. What the numbers do show is that a young defendant in Tampa is one of many, and the judge will look for something in the record that sets this case apart. More information about how our firm handles cases in this county is on our Hillsborough County criminal defense attorney page.

What are juvenile sanctions, and when are they better than youthful offender?

Juvenile sanctions are the better outcome when they are available, because they produce no adult conviction at all. Under section 985.565, Florida Statutes, when a child is transferred to adult court, the judge can sentence the child as an adult, as a youthful offender under chapter 958, or as a juvenile. If the judge imposes juvenile sanctions, the court adjudicates the child delinquent, and that adjudication “may not be deemed a conviction.”

The statute lists the factors the judge must weigh, including the seriousness of the offense, whether it was violent or premeditated, the child’s sophistication and maturity, the child’s record, and whether the Department of Juvenile Justice has an appropriate program available. Two limits matter. A child indicted for an offense punishable by death or life and convicted of it must be sentenced as an adult, and the judge cannot combine adult and juvenile punishments.

Research supports keeping young people out of the adult system when possible. In a 2010 Office of Juvenile Justice and Delinquency Prevention bulletin, Juvenile Transfer Laws: An Effective Deterrent to Delinquency? (NCJ 220595), Professor Richard E. Redding reviewed the research and concluded that transfer laws have increased recidivism among the youths transferred to adult court. Our attorneys bring that research to the judge when we ask for juvenile sanctions or a youthful offender sentence.

What happens if a youthful offender violates probation?

A violation can cost the client the six-year cap, depending on what kind of violation it is. Under section 958.14, Florida Statutes, a youthful offender who commits a technical violation, such as a missed appointment or a failed drug test, cannot be committed for longer than six years or the maximum for the offense, whichever is less. For a substantive violation, meaning a new crime, the limit becomes the maximum sentence for the original offense.

The Florida Supreme Court explained what that means in Eustache v. State, 248 So. 3d 1097 (Fla. 2018). Robin Eustache was a youthful offender on probation for robbery with a firearm when he committed two new drug offenses. Both lawyers told the judge he had to impose the 10-year minimum mandatory, and the judge sentenced him to 15 years. The Supreme Court held that after a substantive violation, the judge may either impose another youthful offender sentence, “with no minimum mandatory,” or impose an adult sentence that must include any minimum mandatory. Because the judge was never told he had the first option, the court ordered a new sentencing hearing.

Eustache is the reason our attorneys fight a youthful offender violation on two fronts: whether the violation was willful and substantial, and whether the judge should reimpose youthful offender status rather than an adult sentence. Our post on violation of probation in Tampa covers the hearing process.

How do our attorneys build the case for youthful offender sentencing?

Our attorneys build the case the same way we build any request for leniency: with evidence the judge can put in the order. A youthful offender sentence is discretionary, so the question at sentencing is always why this young person deserves it.

1. Confirm eligibility early. We check the offense date against the client’s birthday, the degree of the charge, and any prior classification before the first plea conversation.
2. Build a mitigation packet. We gather school records, psychological evaluations, treatment records, and character letters into a mitigation report that shows who the client is beyond the arrest.
3. Get the client into school, work, or treatment. A judge weighs what the young person has done since the arrest more heavily than promises about the future.
4. Negotiate with the State. Prosecutors often agree to a youthful offender plea when the record supports it, and an agreed sentence removes the risk of a hearing.
5. Make the record at sentencing. If the State objects, we present the evidence and make sure the judge knows the full range of options, including Wooten and Eustache.

When the client was under 18 at the offense and was charged as an adult, we ask first for juvenile sanctions and treat youthful offender as the fallback. Families with a college student facing charges can also read our post on college students charged as adults.

Frequently asked questions

Can you get youthful offender for armed robbery with a firearm in Florida?

Yes, in many cases. Armed robbery with a firearm is a first-degree felony punishable by up to life, not a life felony, so it qualifies, and a youthful offender sentence avoids the 10-20-Life minimum mandatory under State v. Wooten. The Brancato Law Firm reviews the charging document closely in every gun case, because the exact charge decides whether youthful offender is on the table, as explained on our gun crimes defense page.

Does a youthful offender sentence stay on your record in Florida?

The arrest and the case stay on the record, but if the judge withholds adjudication, the client is not convicted of a felony and may be able to seal the record later. The Brancato Law Firm asks for a withhold whenever the facts support it and tells families up front which sealing options will follow.

Can someone who is 22 at sentencing still get youthful offender?

Yes, if the crime was committed before the defendant turned 21. The age at the offense controls under section 958.04(1)(b), and The Brancato Law Firm checks the offense date first in every case involving a young client.

Is youthful offender available for a DUI manslaughter charge?

Yes. DUI manslaughter is a second-degree felony, and under Sloan v. State the mandatory adjudication rule for DUI offenses does not apply once the court classifies the defendant as a youthful offender. Our attorneys at The Brancato Law Firm present treatment, remorse, and restitution evidence in these cases because the judge’s discretion is the whole case.

What happens to a youthful offender who commits a new crime on probation?

The judge can revoke probation and choose either another youthful offender sentence with no minimum mandatory or an adult sentence up to the original maximum, as the Florida Supreme Court held in Eustache v. State. The Brancato Law Firm makes sure the judge hears both options and the reasons to keep the client in the youthful offender system.

Can a juvenile charged as an adult in Tampa be sentenced as a juvenile?

Often, yes. Under section 985.565, a judge can impose juvenile sanctions on a child transferred to adult court unless an exception applies, and the result is a delinquency adjudication rather than a conviction. The Brancato Law Firm prepares the evidence on each statutory factor, and our post on juvenile expungement in Florida explains what happens to the record afterward.

For how this fits into the rest of a case, see our guide to each stage of a Florida criminal case.

Protect your child’s future now

The decisions that make youthful offender sentencing possible, from the plea offer to the evidence the judge sees, are made in the first weeks of the case. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159, and our attorneys will review the charge, the offense date, and the options before the State’s first offer. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Gun Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A robbery case usually turns on two questions the arrest report does not settle: who took the property, and whether force or fear was really part of the taking. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have put both questions to juries across more than 150 jury trials to verdict. Our attorneys defend strong-arm robbery, armed robbery, sudden snatching, and carjacking charges in Hillsborough, Pinellas, and Pasco Counties, starting with the identification evidence, the video, and the exact words of the charging document.

What does the State have to prove in a Florida robbery case?

The State must prove a taking, from the person or custody of another, with intent to deprive, accomplished by force, violence, assault, or putting in fear. Section 812.13(1), Florida Statutes, defines robbery as “the taking of money or other property which may be the subject of larceny 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.”

Robbery does not require a face-to-face grab. Property is in a victim’s “custody” when it is under the victim’s control so that the victim could have prevented the taking without the violence or intimidation. In Acosta v. State, 399 So. 3d 1118 (Fla. 3d DCA 2024), the victims had been thrown off a jet ski that was floating away when the defendant took it, and the Third District held that was still a taking from their custody. Our Tampa violent crime lawyer team tests each element separately, because a missing element often turns a robbery into a theft.

When does force turn a theft into a robbery?

Force turns a theft into robbery when the victim resists and the offender overcomes that resistance. In Robinson v. State, 692 So. 2d 883 (Fla. 1997), the Florida Supreme Court held that “the perpetrator must employ more than the force necessary to remove the property from the person. Rather, there must be resistance by the victim that is overcome by the physical force of the offender.” A snatching without that kind of resistance “amounts to theft rather than robbery.”

Timing matters too. Under section 812.13(3)(b), force counts if it happens “either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.” Robinson recognized that the 1987 amendment adopting this language replaced the older rule that force had to come before or during the taking. Courts analyze an “afterthought” argument “in light of the entire circumstances of the incident,” as the Third District put it in Acosta. Our attorneys at The Brancato Law Firm look closely at the sequence, because force that comes after a clean break, or that was an afterthought unrelated to the taking, can defeat the robbery charge.

What are the degrees and penalties for robbery in Florida?

The degree depends on what the offender carried, not what the offender showed or used. Section 812.13(2) uses the word “carried,” so the State does not have to prove the weapon was displayed.

The prison maximums come from section 775.082, Florida Statutes, and the fines from section 775.083, Florida Statutes. Because carrying a weapon is already an element of armed robbery, the general weapon reclassification in section 775.087(1) does not raise the degree again.

Armed robbery with a firearm or deadly weapon carries a possible life sentence. I meet the Florida Rule of Criminal Procedure 3.112 qualifications to defend capital cases, and our attorneys prepare life-felony robbery cases with the same trial-level investigation.

How is sudden snatching different from robbery?

Sudden snatching is a separate, lesser crime for grabbing property from a person who becomes aware of the taking, with no force beyond what the grab requires. Under section 812.131, Florida Statutes, the State does not have to show that the offender “used any amount of force beyond that effort necessary to obtain possession,” that the victim resisted, or that the victim was injured. The Legislature created it in 1999, after Robinson.

Sudden snatching is a third-degree felony (up to 5 years) when no weapon is carried. It becomes a second-degree felony (up to 15 years) when the offender carried a firearm or other deadly weapon. When a robbery charge rests on a quick grab of a phone, purse, or chain, our attorneys at The Brancato Law Firm ask whether the facts fit sudden snatching or theft instead.

What is carjacking in Florida?

Carjacking is robbery of a motor vehicle. Section 812.133, Florida Statutes, covers taking “a motor vehicle which may be the subject of larceny from the person or custody of another,” with intent to deprive, “when in the course of the taking there is the use of force, violence, assault, or putting in fear.”

Carjacking is a first-degree felony even when no weapon is involved, so it is charged one degree above unarmed robbery. The Brancato Law Firm reviews whether the vehicle was truly in the driver’s custody and whether the force came during the taking or in a separate event.

How does Florida’s 10-20-Life law apply to robbery?

Robbery and attempted robbery are on the 10-20-Life list. Under section 775.087(2)(a), Florida Statutes, a person convicted of robbery who “actually possessed a ‘firearm’ or ‘destructive device'” faces a 10-year mandatory minimum. Discharging the firearm raises the minimum to 20 years, and discharging it and causing “death or great bodily harm” means a minimum of 25 years up to life.

Possession under the statute means “carrying it on the person,” or having the firearm “within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense.” The court cannot withhold adjudication or suspend the sentence, and there is no gain-time or early release before the minimum is served. For the full statute, see our guide to Florida’s 10-20-Life law.

What changed about 10-20-Life sentences in 2025?

The 2025 law kept consecutive minimums mandatory when a person is convicted of several qualifying felonies, and gave judges discretion when a qualifying felony is paired with an unlisted one. Chapter 2025-81, Laws of Florida, effective July 1, 2025, rewrote the consecutive-sentence rules in section 775.087(2). The earlier 2023 text said the court “shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.”

Current paragraph (d) requires the court to impose the minimum “for each qualifying felony offense for which the person is convicted,” and, when there are several, to “impose any such terms of imprisonment consecutively.” New paragraph (e) says that when a qualifying felony is committed “in conjunction with any other felony offense not enumerated,” the court “may impose” the minimum consecutively. Two counts of robbery with a firearm, one for each victim, still mean two minimums served back to back, while a robbery count paired with an unlisted felony leaves the judge a choice. Our attorneys at The Brancato Law Firm check the offense date and the count structure on every case, because they can decide whether a client faces 10 years or 20.

Is a BB gun a deadly weapon in a Florida robbery?

It can be, and the jury decides. In Dale v. State, 703 So. 2d 1045 (Fla. 1997), the defendant said “I have a gun,” and the gun later recovered was a working gas-operated BB or pellet gun that resembled a 9 mm Beretta. The Florida Supreme Court held that whether a BB or pellet gun is a deadly weapon, meaning whether it is “likely to produce death or great bodily injury,” is “a factual question to be answered by the jury in each case.” The Court added that the gun being recovered without BBs, pellets, or a gas cartridge “is not dispositive.”

The victim’s belief about whether the gun was loaded is not the test. The Court in Dale expressly did not decide whether a BB gun is a firearm. Under section 790.001(9), Florida Statutes, a firearm is a weapon that will, is designed to, or may readily be converted to expel a projectile “by the action of an explosive.” That definition matters because the 10-20-Life minimums require a firearm. When the object is a BB gun, a replica, or a stun gun, our attorneys at The Brancato Law Firm challenge which category the State can prove.

Does wearing a mask make a robbery more serious?

Sometimes. Under section 775.0845, Florida Statutes, an offense is reclassified to the next higher degree if the offender “was wearing a hood, mask, or other device that concealed his or her identity.” A third-degree felony becomes a second-degree felony, and a second-degree felony becomes a first-degree felony.

The statute has no step above a first-degree felony. A mask raises strong-arm robbery from a second-degree to a first-degree felony and raises sudden snatching by one degree, but it cannot raise robbery with a weapon or robbery with a firearm, which are already first-degree felonies. The reclassified offense also ranks one level higher on the scoresheet. The Brancato Law Firm checks whether the State can prove the face covering actually concealed identity, which is the statute’s own requirement.

Can a shoplifting arrest become a robbery charge?

Yes. When force or fear enters a shoplifting incident, the State may charge robbery. In Atmore v. State, No. 2D2024-0584 (Fla. 2d DCA Aug. 13, 2025), a Hillsborough County case, a woman shoplifting at a Sunglass Hut brandished what appeared to be a stun gun when the manager told her to stop, kept taking merchandise, and fled. She was convicted of robbery with a weapon. The Second District held she was entitled to an instruction on resisting a merchant as a lesser offense, though it found the error harmless.

Lesser offenses decide many robbery trials. In J.M. v. State, No. 2D2022-3344 (Fla. 2d DCA Jan. 31, 2025), another Hillsborough case, the trial court found the State could not prove intent to deprive in a robbery charge against a juvenile and instead found aggravated assault. The Second District reversed because the petition never alleged an assault with the weapon, and convicting on an uncharged lesser was fundamental error. Our post on how to fight a theft charge in Florida covers retail theft and resisting a merchant.

How many robbery arrests happen in Hillsborough County?

Fewer than a decade ago. In 2025, Hillsborough County recorded 441 robbery arrests, according to FDLE arrest data published by Florida Health CHARTS, down from 757 in 2016, a 41.7% drop. Florida recorded 6,462 robbery arrests in 2025. These figures count arrest events, not reported robberies, and they leave out cases begun by notice to appear or sworn complaint without a physical arrest.

Fewer arrests do not mean lighter cases. Robbery charges in Hillsborough County are filed by the State Attorney’s Office for the 13th Judicial Circuit, and a robbery arrest means a first appearance within 24 hours, usually from the Orient Road Jail. Robbery is a “dangerous crime” for bond purposes, so the judge cannot grant nonmonetary release at first appearance, as our guide to bond hearings in Tampa explains. Our Hillsborough County criminal defense attorney team prepares for that hearing from the first call.

How do our attorneys defend a robbery charge?

We start with the State’s weakest element, which is often identification. Our attorneys work through five questions in every robbery case:

1. Is the identification reliable? The National Research Council’s report Identifying the Culprit: Assessing Eyewitness Identification (2014) found that memory is “highly malleable and continuously evolving” and that witness confidence “can be powerfully swayed by many factors.” Florida’s section 92.70, Florida Statutes, requires lineups to be run by an independent administrator with set instructions, and noncompliance can support a motion to suppress and must be explained to the jury.
2. Does circumstantial evidence really point to the client? In Young v. State, No. 2D2025-0042 (Fla. 2d DCA July 10, 2026), a Hillsborough case, the Second District affirmed the convictions but held that “the prohibition against pyramiding inferences remains a separate and distinct evidentiary principle.” A jury cannot “draw an inference from an inference.”
3. Was there force or fear during the taking? If not, the charge may be theft or sudden snatching under Robinson.
4. What was carried? The weapon category sets the degree and decides whether 10-20-Life applies.
5. What does the charging document allege? Under J.M., the lesser offenses available at trial depend on what the State charged.

Repeat-offender laws raise the stakes. Under section 775.082(9), robbery, carjacking, and home-invasion robbery committed within 3 years of release from prison qualify for prison releasee reoffender sentencing, which means life for a felony punishable by life and 100 percent of the sentence served. Our posts on prison releasee reoffender sentencing and how to defend against an armed robbery charge in Florida go further on those cases.

Real results in robbery cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently asked questions about robbery charges in Florida

Can robbery charges be dropped in Florida?

Yes. Robbery charges can be dropped or reduced when the identification is unreliable, when the evidence shows no force or fear during the taking, or when the State cannot prove the weapon it charged. The Brancato Law Firm obtained a robbery dismissal for a client in November 2025, and we raise each of these issues with the prosecutor early.

Can I be charged with armed robbery if I never showed a weapon?

Yes. Section 812.13(2) turns on whether the offender “carried” a weapon, so display is not required. The Brancato Law Firm tests how the State intends to prove the weapon existed, as described on our Tampa violent crime defense page.

What is the difference between robbery and theft in Florida?

Robbery requires force, violence, assault, or putting in fear during the taking, and theft does not. Our attorneys at The Brancato Law Firm use the Robinson resistance rule to argue for theft when a case involved a grab without a struggle, and our guide to theft charges in Florida covers the theft penalties.

Does 10-20-Life apply to strong-arm robbery?

No. The 10-20-Life minimums apply only when the State proves actual possession of a firearm or destructive device, so a robbery with no gun does not trigger them. The Brancato Law Firm reviews the firearm evidence closely, because a replica or BB gun may not meet the statutory definition.

Should I talk to a detective who calls about a robbery?

No, not before speaking with a lawyer, because anything you tell a detective can be used to build the case, including an honest mistake about a time or place. The Brancato Law Firm offers representation before charges are filed and can speak with the detective for you.

Talk to a Tampa robbery defense attorney now

Witness memories change and store video is overwritten within days, so the first week after a robbery arrest matters most. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will secure the video, test the identification, and prepare for the first appearance and bond hearing. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Violent Crime Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

No. Under Florida Statute 790.23, a convicted felon cannot own, possess, or have in their care, custody, or control any firearm, ammunition, or electric weapon or device. Violating that law is a second-degree felony carrying up to 15 years in prison, and actual possession of the firearm triggers a 3-year mandatory minimum sentence. The ban stays in place unless firearm authority has been restored through executive clemency. A narrow exception also applies to juvenile records that have been expunged under Florida Statute 943.0515(1)(b).

The Brancato Law Firm practices criminal defense exclusively. We defend clients charged with felon in possession of a firearm across Hillsborough, Pinellas, and Pasco Counties. We do not handle clemency petitions or firearm rights restoration. That process is mainly political and only a little bit legal, and the section below explains what we mean by that.

One development is worth watching in 2026: Florida’s Attorney General has told a state appellate court that the categorical ban on nondangerous felons possessing firearms is unconstitutional, in Morgan v. State, No. 1D2025-0377, now pending in the First District Court of Appeal. That case is still pending. Section 790.23 is still being enforced against people arrested today.

What Florida Statute 790.23 Prohibits

Florida’s felon-in-possession law is broad. It is unlawful for any person to own or have in their 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:

• Convicted of a felony in any Florida court
• Found to have committed a delinquent act in Florida that would be a felony if committed by an adult (if the person is under 24)
• Convicted of or found to have committed a federal felony (no minimum sentence length required)
• Found guilty of an offense that is a felony in another state, territory, or country and was punishable by more than one year in prison
• Found to have committed a delinquent act in another state, territory, or country that would be a felony punishable by more than one year if committed by an adult (if the person is under 24)

The word “firearm” is defined broadly under Florida Statute 790.001(9) to include any weapon designed to expel a projectile by the action of an explosive, along with frames, receivers, silencers, destructive devices, and machine guns. That same definition contains the exception we discuss below: the term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

The statute covers ammunition and electric weapons separately. A convicted felon who possesses a single round of ammunition is violating the same law as one who possesses a loaded handgun.

Florida’s broader gun laws also restrict where and how firearms can be carried, even for people who are legally allowed to possess them. Our overview of gun crime laws in Florida covers those restrictions, and we have written separately about carrying at a Buccaneers game.

Penalties for Felon in Possession of a Firearm in Florida

A standard felon-in-possession conviction is a second-degree felony. Depending on the circumstances, the penalties escalate significantly.

Under Florida’s 10-20-Life law, Fla. Stat. § 775.087, anyone who actually possessed a firearm during the commission of the offense faces a 3-year mandatory minimum. A prior conviction for one of the felonies listed in Fla. Stat. § 775.084(1)(b)1 pushes that mandatory minimum to 10 years, but only if the defendant actually possessed a firearm or destructive device during that earlier felony as well. If the charge involves gang activity under Section 874.04, Section 790.23(4) makes the offense a first-degree felony punishable by a term of years not exceeding life. And if the defendant meets the violent career criminal criteria, the charge is not Section 790.23 at all. It is Section 790.235, a first-degree felony carrying a 15-year mandatory minimum with no discretionary early release.

Which type of possession the state can prove controls whether a mandatory minimum applies to your case at all.

Actual Possession vs. Constructive Possession

This distinction carries real sentencing consequences, and it is one of the most contested issues in felon-in-possession cases.

The sentencing difference is the reason prosecutors and defense attorneys fight over this. Only actual possession triggers the 3-year mandatory minimum under Section 775.087, and Section 775.087(4) defines actual possession to require that the firearm was within immediate physical reach with ready access and that the defendant intended to use it during the commission of the offense. That intent element is frequently the defense’s strongest argument in reach cases. When the state can prove only constructive possession, the judge keeps discretion over the sentence.

Proximity alone does not establish constructive possession. If you were a passenger in someone else’s vehicle, or if other people had equal access to the place the gun was found, the state has to prove more than your presence near it. Florida’s standard jury instructions require proof that the defendant knew of the firearm and had the ability to control it.

In our experience defending these cases in Hillsborough County, the actual versus constructive question is frequently the central issue at trial. How the firearm was discovered, where it was located, who else had access, and what the defendant said or did not say to officers all feed into that analysis.

Federal Law Bans Felons From Having Guns Too

Even if Florida changes its state law, federal law independently prohibits convicted felons from possessing firearms. Under 18 U.S.C. § 922(g)(1), any person convicted of a crime punishable by more than one year of imprisonment is prohibited from possessing any firearm or ammunition that has been shipped or transported in interstate commerce.

A federal felon-in-possession conviction carries up to 15 years in federal prison. Under the Armed Career Criminal Act, 18 U.S.C. § 924(e), three or more prior convictions for violent felonies or serious drug offenses raise the mandatory minimum to 15 years.

Two points about federal law matter here:

• How complete your state restoration is determines whether the federal ban survives it. Florida can restore your state-level right to possess firearms through executive clemency. Under 18 U.S.C. § 921(a)(20), a conviction for which civil rights have been restored is not a conviction for federal purposes unless the restoration expressly provides that the person may not possess firearms. Florida’s plain Restoration of Civil Rights does expressly withhold firearm authority, so the federal ban survives it. A full restoration, meaning civil rights together with Specific Authority to Own, Possess, or Use Firearms, removes the federal disability arising from that Florida conviction. None of this helps with a federal or out-of-state conviction, which only the jurisdiction that entered it can relieve.
  
• The DOJ reopened federal relief in August 2026. On August 17, 2026, the Justice Department finalized its rule implementing 18 U.S.C. § 925(c) and launched the Federal Firearm Rights Restoration program, administered by the Office of the Pardon Attorney rather than ATF. Applications open to invited candidates on September 25, 2026 and to the public on November 4, 2026, capped at the first 5,000 filings, with a further 500 slots and a $30 application fee opening in early 2027. Relief is individualized and never guaranteed. The rule builds in presumptions against relief: a permanent presumptive bar for violent felonies, ten years for drug trafficking and certain firearms offenses, and five years for most other felonies, measured from completion of every component of the sentence, including restitution. Apart from a presidential pardon, this is the only route for a federal conviction.
  

Anyone whose state firearm rights have been restored should understand that picking up a firearm can still result in federal prosecution.

Exceptions to Florida’s Felon Gun Ban

Florida’s felon-in-possession law has several exceptions. Some are statutory. Others depend on how the underlying conviction was handled.

• Executive clemency with firearm authority: A grant of Specific Authority to Own, Possess, or Use Firearms (Rules 4.I.F and 5.D of the Rules of Executive Clemency), which is a separate form of clemency from Restoration of Civil Rights, from the Florida Executive Clemency Board lifts the state ban.
  
• Expunged juvenile record: If your juvenile criminal history record has been expunged under Florida Statute 943.0515(1)(b), Section 790.23(2)(b) exempts you by name. This is a narrow, juvenile-only exception. An adult felony conviction cannot be sealed or expunged in Florida at all. Both Section 943.0585 and Section 943.059 require that adjudication was withheld, which by definition means there was never a conviction.
  
• Withheld adjudication (adults): A felony charge that resulted in a withhold of adjudication was never a formal conviction under Florida law. Section 790.23 applies to people who have been convicted, so a withheld adjudication for an adult does not trigger the ban. The Florida Supreme Court settled this in Clarke v. United States, 184 So. 3d 1107 (Fla. 2016), where a man charged federally after a Florida guilty plea with adjudication withheld asked whether that plea counted as a conviction. The court held it did not, and the Eleventh Circuit then vacated his federal conviction. Two limits matter. The exception applies to Florida convictions under subsection (1)(a). Subsections (1)(c) and (1)(e) reach a person “found to have committed” a federal felony or “found guilty” of an out-of-state felony, which is broader language a withhold-style disposition may not escape. And a juvenile finding counts even where adjudication of delinquency was withheld.
  
• An important limit on the withhold exception: Falling outside Section 790.23 does not make you an ordinary buyer. FDLE must deny a dealer purchase for anyone who has had adjudication withheld on any felony unless three years have elapsed since probation or any other court-ordered conditions were fulfilled (Section 790.065(2)(a)3), and the same three-year rule disqualifies you from a concealed weapon license (Section 790.06(2)(k)). While you are still on probation, firearm possession is almost always a condition of supervision regardless of the withhold.
  
• Antique firearms: Florida law excludes antique firearms from the definition of “firearm.” An antique firearm is one manufactured in or before 1918, or a replica of one, whether the replica itself was made before or after 1918, or a firearm using fixed ammunition manufactured in or before 1918 that is no longer manufactured in the United States and not readily available commercially. A genuine antique falls outside the ban unless it is used in the commission of a crime. Two practical notes: antique status is an affirmative defense you have to raise rather than something the State must disprove up front, Williams v. State, 468 So. 2d 447 (Fla. 1st DCA 1985), and the carve-out lives in the definition of “firearm” only, so the separate bans on ammunition and electric weapons still apply.
  

Each exception comes with conditions. If you believe an exception covers your situation, talk to an attorney before you act on that belief. The cost of being wrong is a second-degree felony charge.

How to Restore Firearm Rights in Florida

Before the mechanics, the thing nobody tells you: this is a political process, not a legal one. The Clemency Board is the Governor and the three members of the Cabinet, and clemency is an executive act. There is no legal standard to satisfy, no burden of proof, no right to relief, and no appeal from a denial. Rule 4 of the Rules of Executive Clemency states that the Governor “has the unfettered discretion to deny clemency at any time, for any reason.” A lawyer can make sure an application is complete, accurate and eligible. Nothing a lawyer files controls the outcome.

That is also the reason our firm does not take these matters, and we would rather say it plainly than leave it unexplained. The legal part, meaning confirming eligibility, assembling a complete and accurate application, and making sure the financial conditions are satisfied, is real, but it is the small part. The rest is executive discretion, and no filing controls it. We are not willing to charge a criminal defense fee for work whose outcome we cannot influence. If that balance changes, whether because the Legislature creates a judicial path to restoration or because the courts adopt the as-applied argument the Attorney General is now making in Morgan and firearm rights become something a lawyer can litigate rather than petition for, we will look at it again. Until then, if you are seeking clemency, firearm authority, or federal relief under Section 925(c), the Office of Executive Clemency at (850) 488-2952 is where the process begins, and attorneys who handle clemency full time are better positioned than we are. We set the process out here because people charged under Section 790.23 ask about it constantly and the accurate answer is hard to find.

The formal path runs through the executive clemency process, with investigations conducted by the Florida Commission on Offender Review.

The current requirements for firearm authority specifically:

• You must wait at least 8 years after completing all terms of your sentence, including prison, probation, parole, fines, restitution, and any other court-ordered conditions

• The 8 years runs from the date all sentences and all conditions of supervision on your most recent felony expired or were completed. Time served is what starts the clock, not what runs it
• A new felony conviction after the waiting period begins resets the clock, because the clock always runs from your most recent felony
• Persons convicted in a federal, military, or out-of-state court are not eligible to apply for Florida firearm authority at all
• You must have no outstanding detainers, no pecuniary penalties or liabilities totaling more than $1,000 from any criminal conviction or traffic infraction, and no outstanding victim restitution or Chapter 960 obligations
• The application goes to the Clemency Board, which evaluates the petition and schedules a hearing
• Approval requires the Governor plus at least two Cabinet members, and the Governor’s vote is always required. The rules give the Governor unfettered discretion to deny clemency at any time, for any reason

Florida offers two different forms of restoration, and people frequently confuse them:

Firearm authority is the hardest form of clemency Florida grants. There is no administrative track for it. Rules 9 and 10 cover Restoration of Civil Rights only and both expressly exclude firearms, so every firearm application is investigated by the Florida Commission on Offender Review, including a personal interview, and then heard by the Clemency Board, which meets four times a year. Attorneys who file these routinely describe waits of three to twelve years from application to decision. Eight years of eligibility is where the process begins, not where it ends.

One point that causes regular confusion: Amendment 4 to the Florida Constitution, passed in 2018, restored voting rights for most people with felony convictions upon completion of all terms of their sentence, excluding those convicted of murder or a felony sexual offense. Restoration is not automatic in practice. Florida Statute 98.0751 defines “completion of all terms of sentence” to include full payment of restitution and of every fine and fee ordered as part of the sentence, and the Eleventh Circuit upheld that requirement sitting en banc in Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020). Outstanding court debt keeps a person off the voter rolls. Amendment 4 also restores voting only. Jury service and the right to hold office still require clemency. Amendment 4 did not restore firearm rights. Voting and firearm rights follow separate paths in Florida.

Is Florida’s Felon Gun Ban Changing? Morgan v. State

The most significant development in this area is currently before Florida’s First District Court of Appeal, in Morgan v. State, No. 1D2025-0377.

In September 2022, Christopher Morgan, who had a single nonviolent 2007 Pennsylvania felony conviction for carrying a firearm without a license, was stopped by a Tallahassee police officer during a routine traffic stop. Morgan volunteered that he had an unloaded pistol in his center console and disclosed his prior felony conviction. He was arrested and charged under Section 790.23.

Morgan pleaded no contest but reserved his right to appeal, arguing that Florida’s categorical ban on felons possessing firearms violates the Second Amendment under the U.S. Supreme Court’s framework in New York State Rifle & Pistol Association v. Bruen (2022).

Florida Attorney General James Uthmeier initially defended the law. A September 2025 brief from his office argued that the statute was constitutional and that Morgan, as a convicted felon, was not a law-abiding citizen.

Then in February 2026, Uthmeier reversed course. In a brief confessing error filed on February 13, 2026, the AG argued that the Second Amendment lets the government disarm felons whose convictions show they are dangerous, but does not support a blanket ban on every felon regardless of whether the offense involved violence. A supplemental brief filed on March 18, 2026 applied the Bruen test to argue that disarming nondangerous felons is inconsistent with the nation’s historical tradition of firearm regulation. No Florida Attorney General had taken that position before. The Florida Prosecuting Attorneys Association sought leave on March 27, 2026 to file an amicus brief opposing that position, arguing that felon disarmament is consistent with the nation’s historical tradition. As of September 2026 the First DCA has not ruled.

What this means for you right now: nothing has changed. The First DCA has not ruled. Florida’s Prosecuting Attorneys Association has opposed the AG’s position. Section 790.23 remains fully enforceable, and people are still being arrested and charged under it every week. If you are a convicted felon holding a firearm today because you expect the law to change, you are risking a second-degree felony and serious prison time on a legal theory no court has adopted yet.

There is one distinction worth understanding, because it explains why this is still an open question. Every Florida appellate decision upholding Section 790.23 so far, most recently Villarreal v. State, No. 6D2024-2157 (Fla. 6th DCA June 5, 2026), and before that Gibbs v. State (Fla. 3d DCA 2025) and Edenfield v. State, 379 So. 3d 5 (Fla. 1st DCA 2023), rejected a facial challenge, meaning an argument that the statute is unconstitutional in every application. The Attorney General’s position in Morgan is an as-applied challenge: that the statute is unconstitutional as applied to this particular nondangerous defendant. Villarreal expressly declined to decide that question. So while no Florida court has adopted the as-applied argument, none has rejected it either. One practical warning from Villarreal: the defendant’s as-applied claim failed because it was not preserved in the trial court. If this argument matters to your case, it has to be raised early and correctly, at the trial level, or it is gone on appeal.

Common Defenses in Felon-in-Possession Cases

The facts of the case determine the defense. These are the approaches that come up most often:

• Challenging the search. Many felon-in-possession charges begin with a traffic stop or a search of a home or vehicle. If officers conducted an unlawful search or lacked probable cause for the stop, the firearm can be excluded through a motion to suppress. As a former police academy instructor, Rocky Brancato trained officers on the procedures they are supposed to follow during stops and searches. That training informs how our attorneys examine what actually happened before the gun was found.
  
• Disputing possession. In constructive possession cases, the state has to prove you knew the firearm was there and could control it. When the gun was in a shared space, such as a vehicle with several occupants or a home with several residents, that burden gets harder to carry.
  
• Challenging the underlying conviction. If the prior felony that triggers the ban was itself defective, reversed on appeal, or resolved with a withhold of adjudication, the prosecution’s case can collapse at its foundation. Under Clarke v. United States, a Florida withhold is not a conviction for purposes of Section 790.23 at all.
  
• Arguing a statutory exception. A weapon that qualifies as an antique under Florida’s definitions falls outside the reach of 790.23. After State v. Weeks, 202 So. 3d 1 (Fla. 2016), that category is broader than most people assume. See the muzzleloader question below.
  

Rocky Brancato served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where he oversaw a staff of over 100 attorneys. That system-level view of how charging decisions get made in gun cases shapes how the firm evaluates them from the first phone call.

In felon-in-possession cases charged alongside a drug offense, one of the first questions is whether the firearm allegation actually fits the statute the State charged under. Reading the statute against the facts, rather than accepting the State’s characterization of them, is often where the case turns.

Our defense team has also worked with forensic firearms experts to challenge weapon identification and the reliability of the state’s physical evidence.

Frequently Asked Questions

Can a nonviolent felon own a gun in Florida?

Not under current law. Florida Statute 790.23 does not distinguish between violent and nonviolent felonies. If you have any felony conviction, the ban applies to you. The Florida Attorney General has argued in the Morgan v. State appeal that this categorical approach is unconstitutional for nondangerous felons, but no court has yet decided that as-applied question. Florida’s appellate courts have so far rejected only facial challenges, most recently in Villarreal v. State (Fla. 6th DCA June 5, 2026). Until a court rules or the legislature acts, all felons are prohibited from possessing firearms in Florida.

Can a felon have a gun in their home in Florida?

No. The statute prohibits a convicted felon from having a firearm in their care, custody, possession, or control. A gun stored in your home is under your control. That is constructive possession, and it violates Section 790.23. Constructive possession carries the same 15-year maximum as actual possession, though it does not trigger the 3-year mandatory minimum.

Can a felon’s spouse own a gun in Florida?

Florida law does not prohibit a felon’s spouse from owning a firearm. The spouse has an independent right to possess firearms if they are not otherwise disqualified. The risk comes from access. If prosecutors can establish that the felon knew the gun was in the home and could exercise dominion and control over it, a constructive possession charge is possible. Storing the firearm in a locked safe the felon cannot open reduces that risk, but the specifics of the living arrangement matter enough to be worth a conversation with a defense attorney.

What is constructive possession of a firearm?

Constructive possession means a firearm is not on your person but sits in a place you control, you know it is there, and you have the ability to exercise dominion over it. The state must prove both knowledge and control. Being in the same room or the same vehicle as a firearm is not enough by itself.

Can a felon own a muzzleloader in Florida?

Often, yes. Florida’s antique firearm exception covers any firearm manufactured in or before 1918, any replica of one regardless of when the replica itself was made, and any firearm using fixed ammunition manufactured in or before 1918 that is no longer commercially available. In State v. Weeks, 202 So. 3d 1 (Fla. 2016), a convicted felon was prosecuted for possessing a modern muzzleloading rifle fitted with a scope. The Florida Supreme Court held that what makes a firearm a “replica” is its ignition or firing system, meaning matchlock, flintlock, percussion cap or similar, and that modern accessories like a scope do not remove it from the exception. Most percussion-ignition muzzleloaders therefore fall outside the definition of “firearm” in Section 790.001(6). Two cautions: antique status is an affirmative defense you have to raise, and the exception disappears if the weapon is used in the commission of a crime. Check with an attorney before purchasing or possessing one.

How long does the clemency process take in Florida?

The minimum wait before you can apply is 8 years after completing all terms of your sentence. After you file, the wait for a hearing can run considerably longer because of the backlog at the Executive Clemency Board. Attorneys who file these applications routinely describe three to twelve years from filing to decision for firearm authority, because every firearm application requires an investigation by the Florida Commission on Offender Review and a hearing before the Clemency Board, which meets only four times a year. There is no guaranteed timeline, and approval is not guaranteed even after a hearing. Clemency is an executive process rather than a court process, and our firm does not handle these petitions. The Office of Executive Clemency at (850) 488-2952 is the starting point.

Talk to a Tampa Gun Crimes Defense Attorney

If you are facing a felon-in-possession charge in Tampa Bay, we can evaluate your situation and tell you what the realistic paths forward look like. If you are looking for help restoring firearm rights, we are not the right firm for that. That process is mainly political rather than legal, and the clemency section above explains why and where it actually starts.

The Brancato Law Firm defends clients charged with gun crimes from our Tampa office, serving Hillsborough, Pinellas, and Pasco Counties. We track the Second Amendment developments that affect our clients, including the Florida open carry ruling.

Call (813) 727-7159 for a free consultation, or contact us online to discuss your case. A felon-in-possession arrest moves quickly toward a filing decision, and the window to influence that decision is measured in weeks. The attorneys of The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can be reached at (813) 727-7159.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I taught search and seizure at the police academy, and most of the gun cases our attorneys defend begin exactly there — with a stop, a frisk, or a car search that has to survive the Fourth Amendment before any gun charge can.

Can You Carry a Concealed Gun Without a Permit in Florida?

Yes — since July 1, 2023, Florida is a permitless-carry state. Under section 790.01, Florida Statutes, a person may carry a concealed weapon or firearm if they are either licensed or unlicensed but otherwise satisfy the criteria for receiving and keeping a concealed-carry license — essentially, an adult who could lawfully get the license may carry without ever applying for it.

The crimes that remain: a person who is unlicensed and ineligible for a license commits a first-degree misdemeanor for carrying a concealed weapon, and a third-degree felony — up to five years — for carrying a concealed firearm. And here is what the arrest reports rarely mention:

Section 790.01(4) puts that burden expressly on the State: it must prove, as elements, both that you were unlicensed and that you were ineligible under the license criteria. Officers in the field often cannot know either fact — which affects not just the charge but the legality of the stop itself. The statute even contains a hurricane-state exception: lawful gun owners may carry concealed while evacuating during the first 48 hours of a mandatory evacuation order.

Is Open Carry Legal in Florida Now?

As of late 2025, yes — for people who may lawfully possess firearms. In McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA Sept. 10, 2025), Florida’s First District held the state’s decades-old open-carry ban, section 790.053, unconstitutional under the Second Amendment: applying the U.S. Supreme Court’s Bruen test, the court found no historical tradition supporting a categorical ban, declaring that “[t]he Constitution protects the right to carry arms openly for self-defense.” The Attorney General directed that the ruling be honored statewide, and other districts have since acknowledged it. We broke the decision down in detail — including what it does not change — in our guide to Florida’s 2025 open-carry ruling.

The critical caveats: McDaniels protects ordinary, law-abiding adults. It does not restore gun rights to convicted felons or others prohibited from possession, it does not eliminate location restrictions, and it does not license waving a gun around — which brings us to the charge that has quietly become the workhorse of Tampa Bay gun prosecutions.

What Is Improper Exhibition of a Firearm?

Under section 790.10, Florida Statutes, exhibiting a firearm or other weapon “in a rude, careless, angry, or threatening manner,” in the presence of one or more persons and not in necessary self-defense, is a first-degree misdemeanor — up to a year in jail. In the permitless-carry era, this is the charge that turns a traffic dispute, a neighbor feud, or an argument in a parking lot into a criminal case: carrying the gun was legal; how it was displayed is what gets charged.

The defense terrain is favorable. “Rude, careless, angry, or threatening” is in the eye of an alarmed complainant; the statute itself excludes displays in necessary self-defense; and the line between lawful open carry, a defensive display, and improper exhibition is now genuinely unsettled after McDaniels. Where the display escalates into a charge of aggravated assault, remember what our assault guide explains: aggravated assault was removed from 10-20-Life in 2016, so the automatic firearm minimums people fear do not apply to that charge.

What Is Felon in Possession of a Firearm?

The most unforgiving gun crime in Florida. Under section 790.23, Florida Statutes, a convicted felon may not own or have in his or her “care, custody, possession, or control” any firearm, ammunition, or electric weapon — and the same ban reaches people found delinquent of felony-level acts who are under 24. It is a second-degree felony punishable by up to 15 years, and under the 10-20-Life statute, actual possession carries a 3-year mandatory minimum.

Three battlegrounds decide these cases. First, actual versus constructive possession: a gun in a shared car or house is not automatically “possessed” by the felon in the room — constructive possession requires proof of knowledge and dominion, it is hotly litigable, and the 3-year minimum attaches only to actual possession. Second, the search: these charges almost always begin with a stop or search that can be challenged. Third, the predicate: the ban does not apply if civil rights and firearm authority have been restored or the record was expunged — and whether an out-of-state disposition even qualifies as a “conviction” is a legal question worth litigating. Courts are also actively wrestling with Second Amendment challenges to felon-possession bans after Bruen; that litigation is moving, and preserving the issue can matter.

What Is Florida’s 10-20-Life Law?

Section 775.087(2), Florida Statutes imposes escalating mandatory minimums when a firearm is involved in one of its enumerated felonies:

The enumerated felonies include murder, robbery, burglary, kidnapping, aggravated battery, carjacking, home-invasion robbery, drug trafficking, and others — but not aggravated assault, which the Legislature removed in 2016. These minimums strip judges of discretion, which transfers all the power to the charging decision — and that is precisely where early defense work pays: whether the felony charged is actually a listed one, whether possession was “actual,” and whether the discharge caused the harm are all questions that decide decades.

Where Are Guns Still Prohibited?

Permitless carry and McDaniels changed who may carry and how — not where. The license statute’s list of prohibited places (schools and school events, courthouses, polling places, bars’ alcohol-service areas, and more) still applies to carriers, licensed or not, and separate statutes cover school zones and other sensitive locations. Location-based gun charges are technical, and signage, boundaries, and knowledge requirements all matter — do not assume a place restriction was valid just because a citation says so.

How Do We Defend Gun Charges?

We start with the stop. Most Tampa Bay gun cases begin with a traffic stop, a street encounter, or an anonymous tip — and after permitless carry, the sight of a firearm, without more, is a weak foundation for a detention. I taught officers this area of law at the police academy; our attorneys use that training to find the constitutional defects in how the gun was found. From there: the State’s burden to prove license ineligibility as an element; actual-versus-constructive possession in every multi-occupant case; the necessary-self-defense exclusion in exhibition cases; predicate and restoration issues in felon-possession cases; and the charging-precision fights that keep 10-20-Life minimums out of the case. Gun charges carry the harshest math in Florida sentencing — the defense has to start before the math does.

What Should You Do If You Are Arrested on a Gun Charge?

Say nothing about the gun — not whose it is, not why it was there, not that you “didn’t know it was still in the bag.” Possession cases are built on statements more often than fingerprints. Then move fast: the stop and search that produced the firearm are the foundation of the case, and the video, witnesses, and dispatch records that test them are freshest in the first weeks. If you are a prior felon, bring your complete history — including any rights restoration — to counsel immediately, because the difference between a defensible case and a 3-year minimum can be one document. Our attorneys evaluate the search first, the possession theory second, and the plea posture last.

Frequently Asked Questions About Florida Gun Crimes

Do I need a permit to carry a gun in Florida?

Not for concealed carry, since July 1, 2023 — anyone who meets the criteria to get a concealed-carry license may carry without one. Carrying while ineligible remains a crime (a third-degree felony for a concealed firearm), and the license itself still has benefits, including reciprocity in other states. Our attorneys still see arrests of eligible carriers; eligibility is an element the State must prove, and we hold it to that.

Is open carry legal in Florida?

Yes, as of the First District’s September 2025 decision in McDaniels v. State declaring the open-carry ban unconstitutional — a ruling honored statewide. It applies to people who may lawfully possess firearms, it leaves location restrictions intact, and it does not protect angry or threatening displays, which remain chargeable as improper exhibition. Our detailed guide to the ruling covers what changed and what did not.

Can a convicted felon ever have a gun again in Florida?

Only after civil rights and firearm authority are restored through clemency, or if the record was expunged under the specific statute — otherwise possession of a firearm or even ammunition is a second-degree felony. Whether a particular old disposition actually qualifies as a predicate conviction is a genuine legal question, and The Brancato Law Firm, P.A. examines it in every felon-possession case.

What is the penalty for carrying a concealed firearm without being eligible?

A third-degree felony — up to five years in prison. But the State must prove both that you were unlicensed and that you were ineligible for a license, as elements of the crime. Many arrests are made without officers knowing either fact, which creates both trial defenses and suppression issues.

Does pulling a gun trigger 10-20-Life?

Displaying a gun, without firing it, is typically charged as improper exhibition (a misdemeanor) or aggravated assault (a felony) — and aggravated assault is not on the 10-20-Life list. The 10-, 20-, and 25-to-life minimums attach when a firearm is possessed or discharged during one of the statute’s enumerated felonies, like robbery or burglary. Which charge gets filed is a decision our attorneys work to influence early.

Can gun charges be dismissed?

Regularly — gun cases rise and fall on the stop and search, and a suppressed firearm usually ends the prosecution. Possession theories fail in shared spaces, eligibility elements go unproven, and self-defense excludes exhibition charges. The Brancato Law Firm, P.A. defends firearm cases throughout Tampa Bay — call (813) 727-7159 for a free, confidential review before you talk to anyone about the gun.

For more about our defense strategies, visit our Hillsborough County Criminal Defense Attorney page.

Related reading: Florida’s 2025 Open-Carry Ruling: What You Need to Know · What Is Assault in Florida? · What Is Robbery in Florida? · What Is Burglary in Florida? · What to Do After Being Arrested in Tampa, Florida

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa gun crimes defense practice.

Florida Gave You More Gun Rights — and Kept Every Gun Charge

If you have been arrested on a firearm charge in Hillsborough, Pinellas, or Pasco County, you are caught in the gap between a state that just expanded carry rights and prosecutors still charging every gun they find. Call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159 before you give a statement. The search that found the gun is the case; let us test it while the evidence is fresh.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If a prosecutor or deputy mentioned 10-20-Life in connection with your case or your family member’s case, you are looking at one of the harshest sentencing structures in Florida law. This article explains how the statute actually works, which felonies trigger it, how the 2014 and 2016 reforms changed the picture, how the law interacts with self-defense and Stand Your Ground, and the strategies that move a case off the mandatory floor.

What Is Florida’s 10-20-Life Law?

Florida’s 10-20-Life law is the popular name for Florida Statute § 775.087, titled “Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.” It took effect on July 1, 1999 under the slogan “Use a gun, and you’re done,” and was the centerpiece of then-Governor Jeb Bush’s anti-violent-crime agenda.

The statute does two things that defendants and their families need to understand separately:

• Felony reclassification (subsection 1). When a weapon or firearm is used during the commission of any felony where the weapon is not already an essential element, the statute “bumps up” the charge by one degree. A third-degree felony becomes a second-degree felony. A second-degree becomes a first-degree. A first-degree becomes a life felony.
• Mandatory minimum sentences (subsections 2 and 3). When a firearm or destructive device is used during one of the enumerated qualifying felonies, the court must impose 10, 15, 20, or 25-years-to-life depending on what was done with the firearm and what kind of firearm it was.

The companion provision at Florida Statute § 27.366 makes the legislative intent explicit: the Legislature wanted “zero tolerance” for firearm use in the listed felonies, and it instructed prosecutors to apply the mandatory minimums except in cases where the firearm was “incidental” rather than used in furtherance of the crime.

A few features make 10-20-Life unusually harsh compared to ordinary Florida sentencing:

• The minimum mandatory must run consecutively to any other sentence in the case.
• The defendant is statutorily ineligible for gain time, parole, or any form of discretionary early release.
• The mandatory minimum applies even if it exceeds the statutory maximum for the underlying felony.
• A judge cannot sentence below the floor, regardless of mitigating factors. Only the prosecutor can waive it.

Florida abolished parole decades ago, so most prison sentences are served at 85 percent. A 10-20-Life sentence is served at 100 percent, day for day.

The Three Mandatory Minimum Tiers

The basic structure of § 775.087(2) breaks the mandatory minimum into three tiers based on what the defendant did with the firearm during a qualifying felony.

There is also an enhanced tier under § 775.087(3) for semiautomatic firearms with high-capacity detachable box magazines or machine guns: 15 years for possession, 20 years for discharge, and 25 years to life if the discharge causes injury or death.

A reduced 3-year tier exists within § 775.087(2)(a)1. It applies in place of the 10-year minimum for possession of a firearm by a felon, burglary of a conveyance, and (for offenses occurring before July 1, 2016) aggravated assault.

A few practical points that often get missed:

• Possession alone is enough. You do not have to fire the gun, point it at someone, or even say anything threatening. Carrying it during the commission of a qualifying felony triggers the 10-year minimum.
• “Displaying” is broad. Showing the firearm during the felony qualifies, even briefly.
• Each count is separate. If multiple people are present during the qualifying felony, the State can file separate counts and stack the mandatory minimums consecutively. The Marissa Alexander case, discussed below, exposed how a single act of firing a single shot was charged as three separate counts, exposing her to a 60-year stack.

Which Felonies Trigger 10-20-Life?

The mandatory minimums only apply when a firearm is used during one of the enumerated felonies in § 775.087(2)(a)1. The current list, after the 2016 reform that removed aggravated assault, includes:

• Murder
• Sexual battery
• Robbery
• Burglary
• Arson
• Aggravated battery
• Kidnapping
• Escape
• Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance
• Aircraft piracy
• Aggravated child abuse
• Aggravated abuse of an elderly person or disabled adult
• Unlawful throwing, placing, or discharging of a destructive device or bomb
• Carjacking
• Home-invasion robbery
• Aggravated stalking
• Trafficking in cannabis, cocaine, illegal drugs, phencyclidine, methaqualone, or amphetamine under § 893.135
• Possession of a firearm by a felon (lower 3-year tier)

Charges that are not on this list, including standalone aggravated assault for any offense after July 1, 2016, do not trigger the 10-20-Life mandatory minimums. They may still carry serious penalties under other Florida statutes, but the day-for-day mandatory floor of § 775.087 does not attach.

This list is the single most important diagnostic tool when 10-20-Life is mentioned in a case. If the charged felony is on the list and a firearm was involved, the exposure is real. If the felony is not on the list, the charging document needs careful reading to determine what the prosecutor is actually relying on.

What Changed in 2014 and 2016

For roughly the first 15 years of the law, Florida courts had no statutory off-ramp for self-defense cases that swept up sympathetic defendants. That changed after a series of high-profile cases, most notably the Marissa Alexander case in Jacksonville, exposed how the statute was being applied to people who had fired warning shots in self-defense without injuring anyone.

The 2014 and 2016 reforms are frequently confused with each other in popular summaries. They are different statutes with different effects.

HB 89 (2014), the “Threatened Use of Force Act.” Signed by Governor Rick Scott in June 2014, this bill added a self-defense exception at § 775.087(6) that allowed a court to depart from the aggravated assault mandatory minimum if it made four findings on the record: that the defendant had a good-faith belief the assault was justifiable under Chapter 776, that the assault was not committed during another criminal offense, that the defendant did not pose a threat to public safety, and that the totality of the circumstances did not justify the mandatory sentence. HB 89 also extended Florida’s Stand Your Ground framework to threatened use of force, including warning shots. The 2014 law applied retroactively, allowing then-incarcerated prisoners to seek clemency review.

SB 228 (2016). Signed in February 2016 and effective July 1, 2016, this bill removed aggravated assault entirely from the list of qualifying felonies in § 775.087(2)(a)1. The 10, 15, 20, and 25-to-life mandatory minimums no longer apply to standalone aggravated assault charges in Florida. The 2014 self-defense carve-out at § 775.087(6) became largely moot once aggravated assault was removed from the list.

The most important caveat: SB 228 was not retroactive. People sentenced under 10-20-Life for aggravated assault before July 1, 2016 are still serving those sentences. As Families Against Mandatory Minimums noted at the time of the bill’s signing, the 2016 law was the first time Florida had repealed a mandatory minimum sentence in more than 20 years, but the change did not benefit people already serving 10-20-Life sentences for aggravated-assault-with-a-firearm convictions.

If you or a family member is facing standalone aggravated assault in Florida today, 10-20-Life is no longer in play for that charge. If you are dealing with a pre-2016 conviction, the path forward is clemency or post-conviction relief, not the statute itself. Read more about aggravated assault charges in Florida to understand current sentencing exposure.

How 10-20-Life Interacts With Stand Your Ground

Florida’s Stand Your Ground framework under §§ 776.012, 776.013, and 776.032 provides immunity from criminal prosecution if the defendant reasonably believed the use or threatened use of force was necessary to prevent imminent death or great bodily harm. The 2014 expansion confirmed that Stand Your Ground covers the threatened use of force, including displaying a firearm or firing a warning shot.

The interaction with 10-20-Life is straightforward and brutal. Stand Your Ground, if successfully invoked at a pretrial immunity hearing, is a complete defense. The case ends. There is no conviction, and 10-20-Life never attaches. If the immunity motion is denied or never filed, the case proceeds, the jury can still reject the self-defense theory at trial, and 10-20-Life can apply to whatever qualifying felony the jury convicts on.

What this means in practice:

• The Stand Your Ground hearing is decided on a preponderance of the evidence, which is a much lower standard than reasonable doubt. A defendant who can establish self-defense more likely than not at the immunity hearing is immune from prosecution.
• A failed immunity motion still preserves self-defense at trial. The same evidence can be presented to the jury, where the burden flips to the State to disprove self-defense beyond a reasonable doubt.
• Strategic timing matters. Filing the immunity motion before discovery is complete can lock in a weaker record. Filing late can cost leverage. The decision is case-specific.

The Marissa Alexander, Orville Lee Wollard, and Erik Weyant cases that drove the 2014 and 2016 reforms all involved defendants who believed they had viable self-defense arguments, lost their pretrial immunity motions or never had them properly evaluated, went to trial, and got hit with the 20-year mandatory minimum. Stand Your Ground is a critical motion that has to be litigated carefully from the earliest stages of the case.

Why the Mandatory Minimum Is the Floor, Not the Ceiling

This is the single most misunderstood feature of 10-20-Life. The statute sets the minimum sentence the court must impose. It does not cap the sentence.

A few examples of how this plays out:

• Multiple counts stack consecutively. As the Florida appellate court confirmed in the Marissa Alexander case, when a single act of firearm use endangers multiple people, the State can charge separate counts of a qualifying felony, and each count carries its own mandatory minimum that must run consecutively. One trigger pull, three people in the room, three 20-year minimums equals a 60-year exposure.
• Discharge causing death triggers 25 to life. The top tier ranges from a hard 25-year minimum all the way to life. A jury convicting on the underlying felony plus the discharge-with-death finding does not cap the sentence at 25.
• The mandatory must be served before any other sentence in the case. It runs consecutively to anything else.

According to a Florida Department of Corrections analysis of the law’s first six years, reproduced at Encyclopedia.com, 154 felons whose longest 10-20-Life mandatory was 10 years still received total sentences of life in prison. More than 45 percent of felons who injured or killed a victim with a firearm (the 25-year-to-life tier) received life sentences.

The 10-year tier is where the sentence begins. Where it ends depends on the underlying felony, the State’s charging decisions, and the judge’s discretion above the floor.

How Prosecutors Use 10-20-Life as Leverage

Because only the prosecutor can waive the mandatory minimum, and because the gap between a plea offer and a trial conviction can be enormous, 10-20-Life creates extraordinary plea pressure on defendants. Florida law (§ 27.366) requires a prosecutor who declines to apply the mandatory minimum in a qualifying case to file a written explanation in the case file. That requirement was designed to encourage application of the statute.

A typical leverage dynamic looks like this. The defendant is charged with a qualifying felony with a firearm enhancement. The State opens with a plea offer that may be 3, 5, or 7 years, depending on the facts. The trial exposure, if convicted, is the mandatory minimum on top of the underlying felony, often 20 years, served day for day. The defendant who believes they are innocent or has a viable defense faces a stark choice: take the plea, or risk the trial penalty.

The cases that drove the 2014 and 2016 reforms, including Orville Lee Wollard’s 20-year sentence for firing a warning shot in his own home, all featured defendants who turned down low pleas in good-faith reliance on self-defense arguments and got hit with the full mandatory at trial.

This is why early attorney involvement matters more on a 10-20-Life case than almost any other charge. The negotiating window is real, and it closes quickly. The decisions made in the first few weeks, including whether to talk to police, whether to file pre-file advocacy with the State Attorney’s Office, what to lock into the bond record, and how to position the case for a Stand Your Ground motion, often determine whether the case ends in dismissal, in a plea below the mandatory, or at the floor.

Defense Strategies Against 10-20-Life Charges

A defense attorney’s job on a 10-20-Life case is to defeat the underlying felony, defeat the firearm enhancement, or negotiate the case to a non-qualifying offense before sentencing exposure attaches. Arguing the mandatory minimum at sentencing comes too late. By that point, the fight is over.

The strategies that move 10-20-Life cases off the mandatory floor fall into a few categories.

Self-defense and Stand Your Ground. A successful pretrial immunity motion ends the case before sentencing exposure attaches. The motion is decided on a preponderance of the evidence and requires careful preservation of the factual record from the earliest stages of the case.

Challenging “actual possession.” The 10-year and higher tiers require actual possession. Florida case law defines actual possession narrowly: the firearm must be in the defendant’s hand or on the person, in a container being carried, or so close as to be within ready reach and under the defendant’s control. A firearm found in a vehicle accessible to multiple occupants, or in a shared residence, is generally constructive possession, which can defeat the 10-year minimum even if the defendant is convicted of a lesser firearm offense.

Challenging discharge or great-bodily-harm findings. The 20-year and 25-to-life tiers require the State to prove the firearm was discharged, and for the top tier, that the discharge caused death or great bodily harm. Forensic, ballistic, and medical-causation challenges can collapse the higher tiers and drop the case down to the 10-year possession floor or below.

Suppression of evidence. Because possession of the firearm is the gateway to the enhancement, motions to suppress under the Fourth Amendment, challenging the legality of the stop, the search, the warrant, or the chain of custody, can eliminate the firearm from evidence and collapse the entire enhancement.

Mistaken identity. Many shooting cases turn on eyewitness identification, which is a known source of wrongful conviction. Pretrial motions to suppress unreliable identifications, expert testimony on eyewitness reliability, and alibi evidence are standard tools.

Charge bargaining to a non-qualifying offense. Because only the prosecutor can waive the mandatory, the most direct path off the floor is often a negotiated plea to a non-enumerated felony or a reduced firearm-display charge under § 790.10. Post-2016 aggravated assault is no longer on the qualifying list, which has given defense attorneys more room to negotiate in cases that previously had none.

Youthful offender designation. A defendant who is 20 or younger at sentencing may qualify for sentencing as a Youthful Offender under Florida Statute § 958.04, which caps incarceration and supervision at six years and allows a judge to override the 10-20-Life minimum. This requires judicial discretion to invoke, and the threshold question is eligibility.

The right strategy in any individual case depends on the specific facts, the charging decisions of the State Attorney, and Florida case law that has developed under § 775.087. There is no template. There are only options, and the value of an experienced criminal defense attorney is in knowing which combination of options actually fits the case.

Why Early Attorney Involvement Is Non-Negotiable

The 10-20-Life cases that resolve well almost always share one feature: the defense was active before charges were filed, before the bond hearing locked in the wrong record, and before the defendant said anything to police that closed off later options.

At The Brancato Law Firm, our gun and weapons crimes practice is built around the reality that the negotiating window on these cases is short and the stakes are permanent. Rocky Brancato served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, leading the largest criminal defense operation in Tampa Bay. That system-level knowledge of how charging decisions are made, where prosecutors have flexibility, and where they do not, informs every 10-20-Life case the firm handles. Rocky has tried more than 150 jury trials to verdict and is death-qualified under Rules of the Florida Supreme Court, a credential that reflects the rigorous standards required for the most serious criminal matters.

The pre-file window, the suppression motion, the Stand Your Ground motion, and the charge-bargaining conversation all happen on a clock. The defendant who hires counsel after the State has filed a 20-year exposure is fighting from behind. The defendant who hires counsel in the days after arrest, before the State has committed to a charging theory, has options that close the longer they wait.

For more, see our post on aggravated battery with a firearm.

Frequently Asked Questions About 10-20-Life

Does 10-20-Life apply to every gun crime in Florida?

No. 10-20-Life only applies when a firearm is used during one of the enumerated felonies in § 775.087(2)(a)1. Possession of a firearm without a connection to a qualifying felony, improper exhibition under § 790.10, and standalone aggravated assault for offenses after July 1, 2016 are not 10-20-Life cases.

Can a judge sentence me below the 10-20-Life mandatory?

Generally no. With limited exceptions for youthful offender designation under § 958.04, judges have no discretion to sentence below the mandatory minimum. Only the prosecutor can waive it.

What does “actual possession” mean for 10-20-Life?

Actual possession under Florida law means the firearm is in your hand, on your person, in a container you are carrying, or within your immediate ready reach and control. A firearm found in a shared vehicle or shared residence is generally constructive possession, which can defeat the 10-year mandatory minimum even on a conviction for a lesser firearm offense.

Is the 2016 aggravated assault reform retroactive?

No. SB 228 (2016) removed aggravated assault from the list of 10-20-Life qualifying felonies effective July 1, 2016, but the change does not apply to people already sentenced under the prior law. The 2014 self-defense exception under HB 89 was retroactive, but the 2016 repeal was not.

Can Stand Your Ground get a 10-20-Life case dismissed?

Yes, if the immunity motion succeeds. A successful pretrial Stand Your Ground motion under § 776.032 ends the prosecution before any sentencing exposure attaches. The motion is decided on a preponderance of the evidence and requires preservation of the factual record from the earliest stages of the case.

Will I serve 100 percent of a 10-20-Life sentence?

Yes. People sentenced under 10-20-Life are statutorily ineligible for gain time, parole, or any form of discretionary early release. The minimum is served day for day, and it runs consecutively to any other sentence in the case.

Talk to a Criminal Defense Attorney About Your 10-20-Life Exposure

If you or a family member is facing a felony charge in Hillsborough, Pinellas, or Pasco County and a firearm is involved, the time to act is now, before the State commits to a charging theory. The Brancato Law Firm offers free, confidential consultations and is available 24/7 for arrest emergencies. Call (813) 727-7159 to talk through your case with an experienced criminal defense attorney.

Each case is unique. Past results do not guarantee future outcomes.

This guide covers what the state has to prove, the defenses that actually move the needle, and why the early hours and weeks of a case matter more in armed robbery than almost any other charge.

What Armed Robbery Means Under Florida Law

Robbery is defined in Florida Statute 812.13 as the taking of money or property from a person, by force, violence, assault, or putting the victim in fear, with intent to deprive them of it. The statute then layers the penalty based on what the accused was carrying.

There is a meaningful legal difference between strong-arm robbery, robbery with a weapon, and robbery with a firearm or other deadly weapon. That difference controls the maximum sentence, the mandatory minimum, and whether the case is bondable.

Moving a case down even one row on this chart can mean a 15-year swing in maximum exposure and removes the 10-20-Life floor entirely. That is what most armed robbery defense work is actually about.

The Elements the State Has to Prove

To convict for armed robbery, the prosecutor must prove every one of the following beyond a reasonable doubt:

• A taking of money or property that could be the subject of theft
• The property was taken from the person or custody of another
• Force, violence, assault, or putting in fear was used in the course of the taking
• Intent to permanently or temporarily deprive the owner of the property
• The accused carried a firearm, deadly weapon, or other weapon during the offense

If the state cannot prove any one of these elements, the charge fails or has to be reduced.

A note on what “carrying” means. The Florida Supreme Court held in State v. Baker, 452 So. 2d 927 (Fla. 1984), that the enhancement attaches to the carrying of the weapon, not the brandishing of it. The weapon does not have to be pointed at anyone. But “carry” still has limits. In State v. Burris, 875 So. 2d 408 (Fla. 2004), the court held that an automobile cannot be “carried” within the meaning of the statute. Edge cases like these are exactly the kind of pressure points a trial-tested defense attorney is looking for.

Why Armed Robbery Triggers Florida’s 10-20-Life Law

Florida Statute 775.087, known as 10-20-Life, was enacted in 1999 and remains the dominant sentencing factor in any armed robbery case involving a firearm. It strips judicial sentencing discretion from the judge.

Three things about this statute make it especially dangerous:

1. The mandatory term is in addition and consecutive to the sentence for the underlying robbery.
2. The judge has no authority to depart downward once the conviction is entered.
3. Only the State Attorney’s Office can waive the minimum. The judge cannot. The defense attorney cannot.

That last point is the entire game. Once a 10-20-Life-eligible armed robbery conviction is in place, the floor is fixed. The leverage point is at charging and at plea negotiation, before the conviction. That is why we treat the first 30 days after an arrest as the most important window of the case.

Defenses That Actually Move the Needle in Armed Robbery Cases

Not every defense is equal. In armed robbery, a handful of defenses produce most of the meaningful outcomes, whether that means dismissal, a not-guilty verdict at trial, or a charge reduction that eliminates the mandatory minimum.

Mistaken Identity and Eyewitness Misidentification

Eyewitness misidentification is the single most attackable evidence type in stranger-on-stranger robbery cases. According to the Innocence Project, more than 60% of their wrongfully convicted clients were convicted in part because of eyewitness misidentification. Earlier DNA-era data put the figure even higher, in the 71 to 75% range.

Florida has officially recognized this risk. In 2017, the legislature passed Florida Statute 92.70, which requires non-participating, blind administration of live and photo lineups. The Florida Supreme Court adopted Standard Jury Instruction 3.9(c) the following year, which directs jurors to weigh nine specific factors when evaluating eyewitness testimony, including the witness’s opportunity to observe, lapses of time, and cross-racial identification effects.

When we challenge an identification, we are usually working on three fronts at once:

• Suppression of any identification obtained through suggestive procedures (showups, single-photo displays, suggestive lineups)
• Cross-examination focused on the conditions of observation, lighting, distance, stress, weapon focus, and the gap between the event and the identification
• The 3.9(c) instruction at trial, which forces the jury to evaluate the identification through the same factors social science has shown to matter

In one armed robbery acquittal we tried, the victim had failed to mention a distinctive arm tattoo when describing the suspect to police. That single omission, paired with cross-examination on the conditions of the identification, was enough to win a not-guilty verdict. Each case is unique, and past results do not guarantee future outcomes.

Alibi Defense

If the accused was not at the scene, that fact has to be developed methodically. Cell-tower records, GPS data, ride-share records, physical surveillance from third-party businesses, and corroborating witness testimony can all place a defendant somewhere other than the alleged crime location. Florida Rule of Criminal Procedure 3.200 requires advance written notice of alibi witnesses, so this defense has to be planned, not improvised.

One practical point: most security DVRs overwrite their footage in 14 to 30 days. If alibi video exists at a gas station, restaurant, parking lot, or apartment complex, it has to be preserved fast. That is one of the most concrete reasons early counsel matters in robbery cases.

Challenging the “Weapon” Element

The line between “weapon,” “deadly weapon,” and “firearm” is where many armed robbery cases shift in the defendant’s favor. The legal definitions matter.

• Firearm is defined in Florida Statute 790.001 as a weapon designed to expel a projectile by the action of an explosive, the frame or receiver of such a weapon, a silencer, a destructive device, or a machine gun.
• Weapon is defined as any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon, or other deadly weapon other than a firearm. A common pocketknife, plastic knife, or blunt-bladed table knife is excluded.
• Deadly weapon is a jury question. A weapon qualifies as deadly if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Florida case law has carved out real defense room here:

• State v. Burris, 875 So. 2d 408 (Fla. 2004): an automobile cannot be “carried” as a deadly weapon.
• Dale v. State, 703 So. 2d 1045 (Fla. 1997): whether an unloaded BB gun is a “deadly weapon” is a jury question, not a foregone conclusion.
• D.D. v. State: when the state could not prove the object was an actual firearm, the conviction was reduced from robbery with a deadly weapon to robbery with a weapon.
• Butler v. State, 602 So. 2d 1303 (Fla. 1st DCA 1992): when the state could not prove the defendant actually possessed a weapon, the appellate court reversed the armed robbery conviction and directed entry of judgment for unarmed robbery.

If the alleged “firearm” was a BB gun, a replica, a toy, or an object that was never recovered, the path from a life-felony charge to a 30-year first-degree felony to a 15-year second-degree felony is open. Each step down removes layers of mandatory time.

Specific Intent Defenses and the “Afterthought” Rule

Robbery is a specific-intent crime. The state has to prove the accused intended to permanently or temporarily deprive the owner of the property at the moment force was used. If force was used for a different reason, and the taking happened only as an afterthought, the charge is theft, not robbery.

The Florida Supreme Court explained the rule in Mahn v. State, 714 So. 2d 391 (Fla. 1998), holding that where property is taken to effect escape after violence motivated by something other than theft, no robbery occurred. DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012), confirms that defendants are entitled to a special “afterthought” jury instruction when the evidence supports it.

A related defense is claim of right. Florida recognizes that a forcible taking under a bona fide claim of right is not robbery if the accused had a good-faith belief that they owned the property or were entitled to immediate possession of it. This often comes up in disputes over loaned items, drug debts (which present their own complications), and personal property arguments that turn physical.

Constitutional Motions to Suppress

Many armed robbery cases are won on motion practice before they ever reach a jury. Suppressing a single piece of evidence can collapse the case.

• Fourth Amendment. Challenges to the legality of stops, searches, and seizures of clothing, firearms, vehicles, phones, and stolen property. If the firearm was found through an illegal search, it cannot be used at trial.
• Fifth Amendment. Challenges to statements made without proper Miranda warnings or under coercive interrogation conditions. The Innocence Project of Florida reports that more than 25% of wrongful convictions overturned by DNA evidence involved false confessions, admissions, or statements to law enforcement.
• Sixth Amendment. Challenges to violations of the right to counsel, including statements taken after the right attached, and Confrontation Clause challenges to surrogate or uncross-examined witness testimony under Crawford v. Washington, 541 U.S. 36 (2004).

When we work an armed robbery case, motions to suppress are usually drafted in the first 60 to 90 days. Suppression of an identification, a confession, or the firearm itself can convert a life-exposure case into a dismissal or a substantially reduced plea.

Duress and Coercion

Duress is available when the accused participated under an imminent and well-grounded threat of serious harm, with no reasonable opportunity to escape. It comes up most often in cases involving co-defendants, gang involvement, or human trafficking situations. It is a narrow defense and requires careful corroboration, but in the right facts it can be decisive.

What Realistic Outcomes Look Like

It would be dishonest to write about armed robbery defense without addressing the reality of how these cases actually resolve. According to BJS case-processing data and the ABA Plea Bargain Task Force, the vast majority of felony cases in the United States resolve by guilty plea, not by trial. The ABA Task Force’s 2023 report concluded that nearly 98% of criminal convictions come from guilty pleas.

That statistic should not push anyone into accepting a plea reflexively. Trial-level preparation is what creates the leverage to negotiate something better than the 10-year mandatory floor. Vera Institute research on plea bargaining documents that a real “trial penalty” exists, with custodial sentences imposed at trial running substantially longer than sentences imposed through plea agreements. That trial penalty means trial is a real option only when the case is genuinely defensible. When it is, the defense should be ready.

Realistic outcomes in armed robbery cases generally fall into one of these categories:

• Dismissal through successful motions to suppress or motions to dismiss under Rule 3.190(c)(4), particularly when the firearm or identification is excluded
• Charge reduction to robbery with a weapon (no 10-20-Life), simple robbery, grand theft, or robbery by sudden snatching, restoring judicial sentencing discretion
• Youthful Offender sentencing under Florida Statute 958.04 for defendants under 21, capping incarceration at 4 years and the total sentence at 6 years (a critical leverage point we discuss in our overview of Youthful Offender sentencing in Florida)
• Acquittal at trial when the identification, weapon element, or specific intent is genuinely contestable
• Negotiated plea to a non-mandatory disposition when the facts cannot support reduction to a lesser charge but the defense can show pre-trial weaknesses

The Youthful Offender option is worth a special mention. If the accused was under 21 at the time of sentencing, with no prior YO designation, and the conviction is for a non-life felony (which includes robbery with a weapon but not robbery with a firearm sentenced as a life felony), Youthful Offender sentencing allows the prosecutor to waive 10-20-Life entirely. That single statutory tool has changed the trajectory of more young defendants’ lives than almost any other plea-stage move available.

Why Early Attorney Involvement Matters More in Armed Robbery Cases

In most criminal cases, hiring an attorney quickly is helpful. In armed robbery, it is decisive. Here is why.

Pre-file advocacy. Between the arrest and the State Attorney’s filing decision (typically 21 to 33 days), the prosecutor is making the single most consequential decision in the case: what to charge. A defense attorney working that window can present evidence the police did not have, raise legal issues the assigned prosecutor may not have considered, and influence whether the firearm enhancement, the deadly-weapon enhancement, or the case itself is filed.

Evidence preservation. Surveillance video at gas stations, restaurants, and apartments is overwritten in 14 to 30 days. Cell phone data has retention windows. Witnesses’ memories degrade. The first two weeks are when defense investigation is most productive.

Identification challenges. The earlier we get into a case, the more we can do to challenge a suggestive showup, demand a fair lineup procedure, or prevent a contaminated identification from hardening into the witness’s permanent recollection.

The mandatory-minimum problem. Because only the prosecutor can waive 10-20-Life, the negotiation that matters is functionally with the State Attorney’s Office, not the judge. That negotiation is most effective when defense counsel is in early enough to influence the charge before it is filed.

This is the mechanical reason the Tampa Violent Crime Lawyer page and the Tampa Gun Crimes Lawyer page on our website both emphasize 24/7 availability. The first 72 hours after an arrest are when surveillance footage is still recoverable, witnesses are still reachable, and the State Attorney’s filing decision is still in motion.

Frequently Asked Questions

What is the minimum sentence for armed robbery in Florida?

If a firearm was carried during the robbery, the mandatory minimum is 10 years under Florida’s 10-20-Life law. If the firearm was discharged, the minimum is 20 years. If anyone was injured or killed, the minimum is 25 years to life. Only the prosecutor can waive these minimums.

Can a BB gun count as a firearm in Florida armed robbery cases?

Not as a firearm under Florida Statute 790.001, but it can still qualify as a “weapon” or “deadly weapon” depending on the facts. The Florida Supreme Court held in Dale v. State that whether an unloaded BB gun is a deadly weapon is a jury question. If the state cannot prove the object was an actual firearm, the charge often drops from robbery with a firearm (life felony, 10-year mandatory) to robbery with a weapon (first-degree felony, 30-year max, no mandatory).

What if I did not actually have a weapon during the alleged robbery?

If the state cannot prove possession of a weapon, the proper charge is strong-arm robbery (a second-degree felony with a 15-year maximum) or, in some fact patterns, theft. Butler v. State is the key case: the appellate court reversed an armed robbery conviction and directed entry of judgment for unarmed robbery when the state could not prove the defendant actually possessed a weapon.

Can armed robbery charges be reduced or dropped before trial?

Yes, and this is where most of the meaningful defense work happens. Successful motions to suppress (of an identification, a confession, or the firearm) can collapse the case entirely. Charge reductions to robbery with a weapon, simple robbery, or grand theft remove the 10-20-Life floor. Pre-file advocacy can sometimes prevent the firearm enhancement from being filed in the first place.

Should I talk to police if I am being investigated for armed robbery?

No. Invoke your right to remain silent and your right to counsel, and do it clearly and out loud. The Florida Innocence Commission’s data on false confessions, combined with the legal architecture of Miranda, makes this the single highest-leverage decision a person under investigation can make. There is no upside to giving a statement. Wait for an attorney.

How long does an armed robbery case take to resolve in Florida?

Felony defendants are entitled to be brought to trial within 175 days under Florida Rule of Criminal Procedure 3.191. The Florida Supreme Court restructured this rule effective July 1, 2025: the speedy trial clock now starts when formal charges are filed (not at arrest), the recapture period grew from 10 days to 30 days, and recapture is now mandatory in all cases. In practice, armed robbery cases often take 9 to 18 months to resolve, longer if a trial is set.

How The Brancato Law Firm Approaches Armed Robbery Cases

We handle armed robbery cases the way we handle homicide cases: with full forensic preparation from day one. Our managing partner, Rocky Brancato, served as Chief Operations Officer of the Hillsborough County Public Defender’s Office, where he led the largest criminal defense operation in Tampa Bay. He understands charging policies, mandatory-minimum dynamics, and the State Attorney’s filing process from the leadership level. He has tried 150+ jury trials to verdict and is death-qualified, a credential reflecting the rigorous standards required for the most serious criminal matters.

Our published armed robbery results include a not-guilty verdict on armed robbery with a firearm (two counts) where mistaken-identity defense was built around hands-on examination of the evidence and cross-examination of the investigating detectives, and a not-guilty verdict on a separate armed robbery case where we exposed the victim’s failure to mention a distinctive arm tattoo when describing the suspect. Each case is unique, and past results do not guarantee future outcomes.

We ensure every client receives thorough preparation. We provide upfront, flat-fee pricing on every case, with payment plans available. Free, confidential consultations are available 24/7 by phone.

If you or a family member has been arrested for armed robbery, robbery with a firearm, or robbery with a deadly weapon in Hillsborough, Pinellas, or Pasco County, the next 72 hours matter more than the next 72 days. Call (813) 727-7159 for a confidential, no-obligation consultation. We will give you a straight answer about your case, the realistic range of outcomes, and what early defense work can do to change the trajectory.