Teens Arrested for Armed Carjacking and Sexual Battery
September 21, 2022 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Theft/Property Crimes Social Share
Florida severely punishes defendants who have committed or attempted to crimes while using a firearm. Florida Statute Section 790.07 explains that when a person displays, uses, threatens, or attempts to use a weapon or holds a concealed weapon is guilty of a felony in the third-degree. Florida’s 10-20-life rule can also apply during the commission of specific felonies. Florida’s 10-20-life rule enforces mandatory minimum sentences if the defendant is found guilty of the crime.
A recent case displays a crime where two individuals had increased charges due to having a firearm during the execution of the crime.
What was the Incident?
On September 14th, 2022, Corey Jones, 18, was arrested along with a 16-year-old teen in Broward County. Investigators said the two men approached a woman who was returning home from work and forced her into the back of her car.
The two defendants drove the victim’s car to an unknown location and committed sexual battery several times. Afterward, they drove her car to an ATM where they forced the victim to pull out money from her personal account. The two defendants sexually battered the victim once again, according to the Broward County Sheriff’s Office.
Eventually, the men let her out of the vehicle and then fled the scene. The victim reported the crime and detectives were able to locate her car the following day in Pompano Beach.
Jones was still inside the car, and tried to run from the police but was caught and arrested. While running, two phones fell out of Jones’ pocket. One of the phones belonged to the victim.
On Friday, September 16th, the 16-year-old accused of being an accomplice in the incident was brought into custody. The defendant was then transferred to the Juvenile Assessment Center for processing.
Once in custody, both accused defendants confessed to the crime. Now both individuals are being charged with sexual battery with a weapon, kidnapping an adult, carjacking with a firearm, and robbery with a weapon.
Carjacking with a Firearm
Florida Statute Section 812.133 defines carjacking as when an individual intentionally takes another person’s vehicle using force, assault, inciting fear, or through violence.
If a defendant was accused of carjacking without a firearm or weapon, it is considered a first-degree felony. The penalties for a first-degree felony include up to a $10,000 fine and up to 30 years in prison.
If the defendant was accused of carjacking with a firearm or other deadly weapon, it is considered a first-degree felony, with the penalties including imprisonment for a term of years not exceeding life imprisonment.
To read more about carjacking, read our page here.
Sexual Battery with a Weapon
In Florida, the term for rape is “sexual battery.” Florida Statute section 794.011 defines sexual battery as the “anal, vaginal, oral, or anal penetration, or in union with, the sexual organ of another or the anal or vaginal penetration of another person by any object.
A sexual battery charge can vary in severity depending on the characteristics of the alleged crime.
If the defendant is younger than 18 and the alleged victim is 12 years or older and no other special circumstances applied, then it is considered a second-degree felony. If there was a weapon involved or if there was force used that is likely to cause a severe injury during the sexual battery offense, the charge would be considered a life felony. Florida Statute Section 794.023 defines a separate provision of sexual battery for when a person has been accused of sexual battery on a victim with multiple offenders. If the prosecution can prove that more than one individual was involved in committing an act of sexual battery on the same victim, the sexual battery charge can be reclassified to a more severe charge. For example, a second-degree felony will be reclassified as a first-degree felony. The statute does not elevate life felonies to capital felonies. However, for purposes of gain time, the felony classification is raised.
To find out more about sexual battery in Florida and its various charges, read our page here.
Florida’s 10-20-life Rule
As discussed above Florida’s 10-20-life rule is a little bit different than the law outlined in Florida Statute Section 790.07. Again, 790.07 states that it is illegal for defendants to use a firearm during the commission or attempt of a crime, any felony.
Florida’s 10-20-life rule (Florida Statute Section 775.087) only applies to specific criminal offenses.
The purpose of the 10-20-life law is to impose mandatory minimum sentences for these felonies if a gun was used during the commission of the crime. The judges in these cases have no discretion to sentence a defendant below the minimum. This is true even in cases where the defendant does not use the firearm but merely was in possession of the firearm.
Under the 10-20-life law, judges must at minimum sentence the defendant to the following:
- 10 years in prison for defendants convicted of committing or attempting to commit any of the listed crimes (with certain exceptions), while armed with a firearm or other destructive device
- 20 years in prison for defendants who discharged the firearm.
25-year to life if the defendant discharged the firearm and killed or seriously hurt someone.
Finding a Defense Attorney in Tallahassee, Florida
Getting accused of a crime can be extremely stressful, especially for young people who may not have a full understanding of the legal system. Even if you are minor, it is still imperative to seek out legal help, from a Tallahassee criminal defense lawyer, after getting charged with a crime. Don Pumphrey and his team at Pumphrey Law Firm have experience representing clients all across the state for various charges and vow to stand in your corner and fight for your freedom. Call us today at (850) 681-7777 or leave an online message on our site for a free consultation.
Written by Karissa Key