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What is the max penalty conspiracy to commit a robbery in state of fl court system?
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What is the max penalty conspiracy to commit a robbery in state of fl court system?

Three "black men" in a car at 3:00am with a sawed off shotgun under the front passenger. Go figure. Do they all go down for the gun? I don't know what they have been offered so far but it can't be good since they are still in there after 270 days, they have trial this week. HELP! Racial Profiling *** Police Officers!!!

I don't think they charged anyone with a gun charge, just all three with the conspiracy. The person who's seat it was under however was out on ROR for gun charges. I just wonder how a jury will see it. The driver and the back passenger have no charges in their whole life. Can this one charge seriously point out to a long sentence like i think they are facing? I doubt they'll get the max, but i still want to see what's they could face.
Additional Details
If you're saying 5 years, that kind of sounds like a max penalty. If they were to get that much time it would be racial profiling, luckily the judge makes the sentence and not the jury, if it was up to all the white people in the jury they'd probably get 100 years, but that's how the law works i guess. Oh well, glad it aint me ya digg, but damn, i wonder if they jury ever wonder if thy're being followed home from court afterward. . . . . I wonder if they'd notice.


    




Tina Marie
Rating
First of all, sawed off shotguns are illegal. Help! Racial Profiling??? that is a forest and you know it. Three black men at 3 am with a shotgun and you think it's racial profiling. How funny. What do you suppose they were out doing that early in the morning? If the gun has shown to be involved in a robbery or crime they could all go down. They'll probably be found guilty and get around 5 years.


Lifes a *****...... be its pimp
lol i dont know in US but in the UK they bould be bent over lol lol lucky you in America i guess......here they would all get life for the shotgun (coz they had it to commt the offence).....life for possession of the shotgun itself (prohibited) and thats even before they think about getting out of the car......why does it matter if they were black?.......the defence team would get to suggest this issue may change the jury so it wold be even....or so it would here ...again dont know US


jus2sik
Rating
if the guns legal then no problem if it isnt, then yeh it sounds like they were gonna commit a robbery, and i think thats how the jury will see it at first glance


queenie_lori
If they wanted to cite someone with a gun charge, they could use "constructive possession" to pin the gun to one specific person and when in a vehicle that would most likely be the person who is closest to the gun - the one who has the easiest access to it. (Florida has two kinds of possession: actual and constructive.)

In reference to the "conspiracy to commit a robbery" charge, do you mean just a straight 'conspiracy to commit a robbery' or do you mean, 'conspiracy to commit robbery with a firearm'?

812.13 Robbery.--

(1) "Robbery" means 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.

(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed "in the course of committing the robbery" if it occurs in an attempt to commit robbery or in flight after the attempt or commission.

(b) An act shall be deemed "in the course of the taking" if it occurs 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.
-----------------------

777.04 Attempts, solicitation, and conspiracy.--

(1) A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt, ranked for purposes of sentencing as provided in subsection (4). Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law.

(2) A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing as provided in subsection (4).

(3) A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4).

(4)(a) Except as otherwise provided in ss. 104.091(2), 379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944 one level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted, solicited, or conspired to. If the criminal attempt, criminal solicitation, or criminal conspiracy is of an offense ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, such offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the offense attempted, solicited, or conspired to is a capital felony, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Except as otherwise provided in s. 893.135(5), if the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) Except as otherwise provided in s. 104.091(2), s. 379.2431(1), s. 828.125(2), or s. 849.25(4), if the offense attempted, solicited, or conspired to is a:

1. Felony of the second degree;

2. Burglary that is a felony of the third degree; or

3. Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

the offense of criminal attempt, criminal solicitation, or criminal conspiracy





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