FL FSJI-Cr 3.3(a) AGGRAVATION OF A FELONY BY CARRYING A FIREARM (“10-20-Life”)

FL FSJI-Cr 3.3(a) AGGRAVATION OF A FELONY BY CARRYING A FIREARM (“10-20-Life”)

State: Florida

Florida Standard Jury Instructions-Criminal (FSJI-Cr)

Part 1 General Instructions

FSJI-Cr 3.3(a) AGGRAVATION OF A FELONY BY CARRYING A FIREARM (“10-20-Life”)

§ 775.087(1), Fla. Stat.

If you find that (defendant) committed (felony as identified by § 775.087(1), Fla. Stat.) and you also find beyond a reasonable doubt that during the commission of the crime, [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a firearm, you should find [him] [her] guilty of (felony) with a firearm.

Definition. §790.001(6), Fla. Stat.

A “firearm” is legally defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations) any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.

If you find that (defendant) committed (felony, as identified in § 775.087(1), Fla. Stat.), but you are not convinced beyond a reasonable doubt that [he] [she] personally [carried] [displayed] [used] [threatened to use] [attempted to use] a firearm, then you should find [him] [her] guilty only of (felony).

By | 2014-12-25T14:37:30+00:00 February 12th, 2014|Comments Off on FL FSJI-Cr 3.3(a) AGGRAVATION OF A FELONY BY CARRYING A FIREARM (“10-20-Life”)