Suspect Charged With Armed Robbery Despite Never Showing a Gun
Our Miami firearms criminal defense attorneys were interested to read about the charges facing a suspect in a bank robbery in Fort Myers. According to the Fort Myers News-Press, police are looking for Ronald Reese, 51, who is suspected of robbing First Community Bank of Southwest Florida on April 5. At about 10:50 a.m. that day, the police received reports that an unidentified white male walked into the bank and handed the teller a note demanding money. He implied that he had a gun, but didn’t actually show it. After receiving the money, he fled the scene on foot. No bank employees or customers were hurt.
It was not clear how police identified Reese as the robber, but the newspaper said charges of grand theft and armed robbery are pending against him. This interests us greatly, as West Palm Beach gun crimes criminal defense lawyers, because it’s not at all clear that the perpetrator would be responsible for armed robbery. Some states have allowed defendants to be charged with firearms crimes if they use toy guns, simulate a gun in some other way or directly lie about having a gun. But it’s not clear whether Florida prosecutors can reasonably bring firearms charges against someone who merely implies the presence of a gun. Such a person might be able to raise a partial legal defense by arguing for the charges to be dropped. Robbery with a firearm is a life felony in Florida. By contrast, “unarmed” robbery is a second-degree felony carrying up to 15 years in prison. That means the distinction between armed and unarmed matters very much.
If the perpetrator actually possessed a firearm during the robbery, he would also trigger a very serious provision of Florida law called the 10/20/life provision. This law requires mandatory minimum prison time for people who commit certain crimes, including robbery. For the provision to be triggered, the defendant must actually possess the firearm, as opposed to having one in a closet at home or having a buddy nearby who has one. If that condition is met, the defendant must serve every day of a 10-year minimum sentence before he or she is eligible for release. If the firearm is discharged during the crime, the defendant serves a mandatory minimum of 20 years. It’s a mandatory minimum life sentence if someone is injured. No matter what the circumstances, judges may not reduce these. This is another reason why it would be vital for the suspect to prove that he didn’t have a firearm (if indeed he didn’t).
Law offices of Sebastian John Balliro, P.A. is a South Florida law firm specializing in all legal services related to firearms. That includes criminal defense of serious firearms crimes that trigger the 10/20/life provision. Our Fort Lauderdale weapons crimes defense attorneys have extensive experience in the Florida criminal justice system. Our lead attorneys are former prosecutors and public defenders who have taken literally hundreds of cases to trial, so we understand how to win even complicated and high-stakes cases. We also believe that criminal laws sometimes go too far, infringing on our Second Amendment right to bear arms in the name of public safety. We will vigorously defend responsible gun owners who end up in criminal court for nonviolent crimes like possession because of complicated and confusing gun control laws.
If you’re charged with a firearms crime in Florida, you should call Balliro right away. To set up a free consultation, please contact us online or call 1-866-FIREARMS toll-free from anywhere in Florida.
