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A criminal defendant may face grave penalties if he or she is convicted of using a firearm in furtherance of a crime of violence. Depending on the nature of the accusations against the defendant, however, he or she may be able to seek dismissal of the charges on the grounds that they are unconstitutional. A Florida court recently explained what a criminal defendant must demonstrate in order to have such charges dismissed in a case in which the defendant was convicted of numerous offenses arising out of a robbery. If you are charged with theft crimes or any other criminal offense, it is in your best interest to hire an aggressive Clearwater criminal defense attorney to help you fight to protect your rights.

Facts of the Case

It is alleged that the defendant was indicted and charged with numerous crimes, including Hobbs Act robbery in violation of federal law, and carrying a firearm which was used during the robbery, which was deemed a crime of violence. He pleaded guilty to those two charges, after which he was sentenced to fifty-seven months imprisonment for the robbery charge and one-hundred-and-eighty months imprisonment for the related firearm charge. He subsequently filed a motion, arguing that his conviction of possessing a firearm in furtherance of a crime of violence was unconstitutional, as Hobbs Act robbery was not categorically defined as a crime of violence under the relevant statute. The court found that the defendant’s claims were without merit and denied his motion.

Crimes of Violence Under Florida Law

The court explained that the relevant statute stated that it was a crime for anyone to use a firearm during the commission of, or to possess a firearm in furtherance of, a crime of violence. Under the elements clause of the law, an offense is considered a crime of violence if it is a felony that has an element of the use or threatened or attempted use of force against another person or property.

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Florida law generally bans prosecutors from charging a person with a new crime after he or she has already been tried on related offenses. The state’s First District Court of Appeal recently explained how that ban works in a case involving a botched drug deal.

Defendant was charged with armed robbery, aggravated battery with a firearm, and the use of a firearm during the commission of a felony following a drug deal gone wrong. He admitted to going to a house to buy marijuana and shooting one of the men inside, but Defendant said he was acting in self-defense. He said two men tried to rob him when he got to the house. The person who was shot, however, claimed that Defendant tried to steal the marijuana without paying for it and fired the weapon at the men when they chased after him.

Prosecutors eventually decided not to charge Defendant with use of a firearm during a felony. After the case went to trial, a jury found him not guilty on the armed robbery charge and deadlocked on the aggravated battery charge. Prosecutors decided to retry Defendant on the aggravated robbery charge. They also tacked on a new charge of using a firearm during the commission of a felony. Defendant asked a judge to dismiss the charge, arguing that it was part of the same criminal episode as the armed robbery charge for which he was previously found not guilty. The trial court rejected that request.

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Florida gun crime cases often involve charges of multiple criminal offenses. When a person is convicted of more than one offense, courts may be called on to decide if prison time should run concurrently (at the same time) or consecutively (one after the other). A recent case out of Florida’s First District Court of Appeal provides some insight on the limits on consecutive sentences for cases involving gun crimes.A defendant was charged with robbery with a firearm and attempted robbery with a firearm, stemming from an incident in the parking lot of a Mexican restaurant in Pensacola. He was carrying a firearm when he allegedly approached six people and demanded money from them. He then moved toward one of the people, pointed the gun inches from the man’s head, and again demanded money. He allegedly approached each person in the group in the same manner and struck one of them with the gun, but he did not fire the weapon. He was convicted and sentenced to consecutive 10-year sentences, for a total of 20 years behind bars.

The defendant later appealed the decision, arguing that the trial court erred by sentencing him to consecutive sentences for two separate offenses that were part of the same criminal episode. The First District agreed.

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Search and seizure issues are often critical elements of Florida theft crime cases. The state’s First District Court of Appeal recently explained one way in which cops can use cell phone data and victim descriptions to track down criminal suspects. The court also said the police properly used the same information to establish the reasonable suspicion and probable cause necessary to justify pulling over a car, detaining its occupants, and searching its interior.A defendant was charged with burglary, assault, and armed robbery following an incident in which he and two other people allegedly broke into a home and held the four people inside at gunpoint. The defendant claimed that he went to the house simply to reclaim some marijuana that he’d been shorted during a recent transaction. Prosecutors said the group took turns holding the people inside the home at gunpoint, while the others collected various valuables.

The police tracked down the defendant and the others by using the “find my phone” application on one of the iPhones stolen from the house. They put out a “be on the lookout” alert with the general location of the iPhone and a description of the three people who committed the crime. A cop patrolling the area pulled over Jackson’s car after seeing three people in it who matched the description. The officer removed all three people from the car and handcuffed them while she did a protective sweep of the car. She also checked the trunk, according to a police policy to look for people hiding in the trunk of any car stopped under suspicion of a felony. The officer found marijuana and a hand gun with an altered serial number.

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