Burglary: Theft of a Safe with a Gun in It.
Fort Lauderdale Criminal Attorney answers question about burglary:
What if during the commission of a burglary, the defendant stole a safe that contained a firearm? Is he armed?
It is well understood in criminal law that a person can be charged with burglary with a firearm where that individual becomes armed during the crime. This occurs when guns are found on the premises and subsequently removed by the defendant. It is not required that an individual bring a gun to the scene to be charged with this most severe offense. Recently, however, prosecutors and judges tried to extend the armed burglary statute to include a person’s taking a locked safe from a residence which contained a firearm. Evidence in the matter clearly established that the defendant could not have known that the safe contained a firearm nor that he could have had access to it. The Appellate courts shot down the notion that this was an armed burglary despite the fact that the defendant, upon completing the crime, in fact opened the safe with a crow bar and discovered the loaded firearm.
Our Florida criminal defense law firm offers aggressive and skilled representation to individuals accused of Theft in Broward County. Speak to theft defense attorney William R. Moore (954) 523-5333