Michael Maxwell, who moonlights as a tattoo artist, was hospitalized for his injuries before police took him to jail and charged him with home invasion robbery with a firearm or deadly weapon and four counts of battery. Judging by Maxwell’s mug shot, he was battered by the alleged victim. Police say the crew arrived in a gold 2004 Chevrolet Malibu and stormed the home unsuccessfully. A 17-year-old alleged accomplice was arrested with Maxwell. Police have not said whether the would-be burglars knew the home’s occupants.
In many common burglary situations in Jacksonville, the burglary crime is alleged to happen during the day or during a time when doors will be open or no one is home, giving the perpetrator the opportunity to steal what they like without much interference. Many times, alarm systems are not a problem, leaving many criminals feeling secure in completing the burglary, and many home owners feeling like potential victims.
Unfortunately for many intending to commit a burglary, the potential that the homeowner is currently or might be on the premises is high and may decide to bring a weapon for protection. For those who’s intent was to commit a simple burglary, will enter into the realm of home invasion robbery penalties, as well as other obstacles one may face under Florida’s 10-20-life law.
As stated earlier, many burglars turn into home invasion robbers becaus they thought it would be unlikely that someone might be at home. Other times, the homeowner is as much a target as the items within the home itself. When selecting the home to be invaded, often the perpetrator will choose a home in which:
– an elderly woman resides alone
– a wealthy senior citizen resides
– a known drug dealer lives
In Jacksonville, where drug offenses are common, known drug dealers become major targets for theft, as they tend to have large amounts of cash and drugs on them at all times. The benefit to the burglar/home invasion robber is that the drug dealer will most likely not call the cops and report their unreported illegally obtained cash and drugs were stolen. The invader many times may have already been in the victim’s home acting as a pizza delivery man, or sometimes acts as someone interested in a craigslist ad.
If firearms are involved in one of these crimes, the penalties may be substantially enhanced under Florida’s 10-20-Life Law. If one is found to have fired a weapon during the burglary, one will be exposed to severe consequences of a long prison sentence, depending on such factors as prior criminal history, the type of weapon used, if one has been charged with or convicted of prior violent offenses, the value of the property stolen, if any, and the manner in which the victim was injured. One can be certain that the armed robbery charges may be accused of will be taken seriously by the State, resulting in a hard fight to obtain a conviction.
The circumstances of the crime may present a problem for many defendants who do not understand their rights and what evidence actually proves guilt. Many times, when found at the scene of a burglary, the accused speaks to police, who may or may not record one’s statements truthfully. If one obtains an experienced Jacksonville theft crimes defense attorney to fight the case, one’s evidence will be overcome, allowing one to move through the legal system, hopefully obtaining a more beneficial outcome.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Would-be Florida burglar gets more than he bargained for when residents fight back, use stun gun on himSasha Goldstein, New York Daily News