Articles Posted in Burglary

If you are a minor charged with a crime, it is essential to understand what sentence you might face prior to deciding to enter into a plea agreement. While certain crimes have mandatory sentences, in some cases it may not be clear what penalty applies to an offense under the terms of the statute.

For example, a Florida Court of appeals recently ruled that actual possession of a gun is not required for a court to impose a mandatory firearm enhancement sentence on a minor defendant who entered a plea for an armed burglary charge.  If you are a minor resident of Tampa facing criminal charges, you should consult with a Tampa criminal defense attorney to discuss whether entering a plea agreement may be appropriate in your case.

Factual Background

Reportedly, a witness saw four males trying to open a car in a parking lot. She contacted the police, who responded and ultimately detained the defendant. The officers became aware that a gun had been taken from a car burglarized by one of the four males. The minor defendant advised the officer that he knew where the gun was, and proceeded to lead the officers to the gun. A second male who was detained told the officers that a third male handed him the gun and he did it in a bush. None of the men indicated who removed the gun from the car.

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Anyone charged with a crime in Florida generally has the right to have the case decided by a jury. Closing arguments are an essential part of any jury trial. They allow lawyers for both sides one last opportunity to summarize the case for the people tasked with determining guilt or innocence. As Florida’s Fifth District Court of Appeal recently pointed out, however, there are some things that a prosecutor can’t say during that summary.A defendant was charged with three crimes, including armed burglary of a dwelling. Prosecutors alleged at trial that he was fleeing from police when he entered into an unidentified home. Florida law defines burglary of a dwelling as the entering of a dwelling without an invitation and with the intent to commit a crime inside.

During closing arguments, a prosecutor told the jury that it was required to find the defendant guilty of the charge, even if they believed his version of the events. That’s because, according to the prosecutor, the defendant was committing the crime of resisting a police officer when he entered the dwelling. The prosecutor also said that the defendant’s demeanor when he testified clearly showed that he was guilty.

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